Wildlife
Legislation
A recent
change in legislation means that it is now an offence to
intentionally or recklessly disturb a cetacean or basking shark,
and ignorance of the law is no defence. All businesses should be
aware of what disturbance is and how to prevent it. Legislation
also exists to protect certain species and habitats from damage and
disturbance. All dolphins, porpoises and whales, basking sharks,
marine turtles and birds are protected by law against intentional
killing, injuring and taking.
The UK
Marine and Coastal Access Act, which received Royal Assent in
November 2009, will create “Marine
Conservation Zones” (MCZs) and establish a network of
Marine Protected Areas (MPAs) by
linking up all other existing protected sites such as SSSI’s and
Natura 2000 sites around the UK coast, with varying levels of
protection measures. These MCZs are due to be established by 2012
and the process for designating them is already underway. The BMF
and RYA are closely involved with this consultation process
and will keep their members up to date with developments.
But what
does this mean for businesses? If you are a sailing school or
charter company, then it would be advisable to make clients and
skippers aware of the law regarding disturbance and any MPAs that
they may visit.
Disturbance
So what
exactly constitutes disturbance and why is it so bad? Disturbance
simply means affecting the way in which animals would normally
behave and it can have a detrimental effect on their behaviour,
breeding, feeding, resting and ultimately their numbers.
Disturbance can be caused by noise, wash or by just being too
close.
For
example, a flock of seabirds rafting up to rest at sea may take off
as they are disturbed by a passing boat. This, in itself, may not
seem like too much of a problem, but if repeated as boat after boat
goes by, then the important resting period would be constantly
disturbed. This would lead to increased energy consumption, stress
and the need for more food.
Other
examples include: engine noise interfering with the acoustic
communications of whales and dolphins affecting the way they hunt
for prey. Speeding vessels can also affect the reproductive cycles
of fish and excess wash can cause bank erosion and the loss of
habitats.
Best Practice Advice Leaflets & Resources Marine Toolkit
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