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Protected mammals - Dolphins, whales and porpoises

What are they?

Whales, dolphins and porpoises are collectively known as cetaceans.  There are a lot of different cetacean species found in UK waters, from the relatively small harbour porpoise to killer whales to huge species like the humpback and fin whale.

Find out more about cetaceans here....

How are they protected?

Whales and dolphins are classed as European protected species and are fully protected under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).

Offences

The following provides a summary of the offences in the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) in relation to whales, dolphins and porpoises in Scottish inshore waters (within 12 nautical miles of land).

It is an offence to intentionally or recklessly:

  • kill, injure or capture whales, dolphins or porpoises;
  • disturb or harass them.

In offshore waters (greater than 12 nautical miles from land) cetaceans are protected by the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007.   

Licensing and cetaceans

Licences are available to allow specified people to carry out actions that could otherwise constitute an offence.  As with any European protected species, licences can only be issued for specific purposes that are set out in the legislation.  If you are planning any activities that could affect cetaceans, you should make sure that you stay within the law.

The Scottish Marine Wildlife Watching Code external site  provides guidance on how to watch cetaceans and other marine mammals responsibly.  In the Moray Firth the Dolphin Space Programme external site provides specific guidance for wildlife cruise operators in this area.

If you are proposing to undertake an action that might otherwise constitute an offence, you may need a licence and should refer to our licensing and marine mammals pages.

 

 

*Please Note* The summary of legislation and list of offences on this page are not comprehensive, and is intended for use as a guide only.  For a definitive list of offences you should consult the actual legislation.  It is also important to note that this is the law in Scotland, elsewhere in the UK the legislation may differ.