Marine Wildlife Watching Code
Position statement
February 2005
Updated with new Annexes May 2005
Hambrey Consulting
Crancil Brae
Strathpeffer
IV14 9AW
01997 420086
www.hambreyconsulting.co.uk
1
1 Summary
The Nature Conservation (Scotland) Act 2004 requires SNH to “prepare and issue a
code, to be known as the Scottish Marine Wildlife Watching Code, setting out
recommendations, advice and information relating to commercial and leisure
activities involving the watching of marine wildlife”.
A code is required to ensure that those who enjoy watching marine wildlife, and
others who may encounter wildlife incidentally, do not, intentionally or unintentionally
negatively affect the health, wellbeing and survival of marine wildlife – a resource
which has contributed immensely to the culture and economy of Scotland, and which
is increasingly important for tourism.
In practice most professional wildlife tour already have their own voluntary codes,
and the vast majority of commercial operations abide by them. Many marine leisure
pursuit organisations also have codes of conduct, and awareness of these codes,
and compliance with them is probably increasing.
Globally, these codes are most highly developed for large marine mammals, and
especially whales and dolphins. However, in the UK there also exist codes relating to
the marine environment and its wildlife in general, the seashore, and turtles.
Coverage is somewhat weaker for seals, otters, seabirds, shorebirds and basking
sharks, although they are covered implicitly in the more general codes. Some codes
relate to specific locations. Some are targeted at specific user (such as underwater
photographer, fishermen). Some have been promoted by user organisations; others
by government agencies.
Despite this variety, most of these codes have a great deal in common – typically a
simple explanation of the need for a code, basic principles, and specific
recommendations in terms of behaviour and operation. Some of the more general
codes have been developed on a hierarchical model, with a simple overarching code
aimed primarily at the general public supported by more detailed component codes
aimed at specific users and/or species
There is now the legal requirement, and the opportunity, to develop a more
comprehensive marine wildlife watching code for Scotland. The code should:
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add weight and legitimacy to existing codes;
extend the scope of existing codes to less well covered species;
provide a framework for developing more specific or specialist codes; and
raise the level of awareness of all recreational users.
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Contents
1
2
3
4
5
6
Summary ........................................................................................................... 2
Introduction........................................................................................................ 4
The legal basis for the code ............................................................................... 4
Objectives for SMWWC ..................................................................................... 5
Activities likely to disturb marine wildlife ............................................................ 5
Existing codes ................................................................................................... 6
6.1
General principles ...................................................................................... 6
6.2
General marine wildlife watching codes ..................................................... 9
6.3
Codes by species groups ........................................................................... 9
6.4
Codes for different users .......................................................................... 13
7
Overall scope and applicability of existing codes ............................................. 14
7.1
Some key issues...................................................................................... 14
8
Compliance and complaints ............................................................................. 16
8.1
Complaints ............................................................................................... 16
9
Possible elements of a Scottish marine wildlife watching code ........................ 16
Annex 1: Some key questions for the preliminary local workshops .......................... 17
Annex 2: Review and summary tables for cetacean watching codes ....................... 18
Annex 3: Report of the four public meetings ............................................................ 29
Annex 4: Inverness workshop report ....................................................................... 36
Annex 5: Proposed structure for the code ............................................................... 49
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2 Introduction
This position paper is supported by the “resource book” which contains a review of
marine wildlife watching codes worldwide, and copies of the most relevant of these.
Most of these can also be accessed through the website which can be found at
www.marinecode.org.
The purpose of the document is threefold: to report on findings of the background
research undertaken so far; to serve as a first progress report; and to provide the
basis for the workshop briefing note.
This report has been updated (May 2005) with appendices covering the outcome of
public meetings and the “Inverness Workshop” and suggesting a broad structure for
the project outputs including the code itself.
3 The legal basis for the code
Until recently the main legislation for the protection and conservation of species in
Scotland and the UK was the Wildlife and Countryside Act 1981, and the
Conservation (Natural Habitats, &c.) Regulations 1994, which transpose the Habitats
Directive (92/43/EEC) and affords protection to several animal groups, including
cetaceans.
All cetaceans are listed on Schedule 5 of the Wildlife and Countryside Act (1981) and
Annex IV(a) of the Habitats Directive and, therefore, receive the full range of
protective measures offered. In addition, the Bottlenose dolphin and the Harbour
porpoise are listed on Annex II of the Habitats Directive so are eligible for the
designation of Special Areas of Conservation (SAC's).
While this legislative framework should be effective in addressing serious and direct
threats to some marine wildlife and associated habitats, its scope is limited, and it
does not address the more subtle and ubiquitous pressures associated with wildlife
watching, whether this be part of dedicated commercial activities or associated with
outdoor leisure activities more generally.
The new Nature Conservation (Scotland) Act 2004 offers an opportunity to combine
effective legislation with a practical code covering all marine situations and species.
Scottish Natural Heritage (SNH) has a duty under Part 3 Section 51 of this Act to
“prepare and issue a code, to be known as the Scottish Marine Wildlife Watching
Code, setting out recommendations, advice and information relating to commercial
and leisure activities involving the watching of marine wildlife”.
“The Code may, in particular, contain information on:
(a) activities which are likely to disturb marine wildlife,
(b) circumstances in which marine wildlife may be approached, and
(c) the manner in which marine wildlife may best be viewed with minimum
disturbance.
SNH must review the Code from time to time and may, following such a review,
revise it.
SNH must (a) before preparing the Code, and (b) when reviewing it, consult such
persons appearing to them to have an interest in marine wildlife watching and such
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other persons as it thinks fit.
SNH must
(a) publish the Code and any revisions to it in such manner (including on the
internet or by other electronic means) as it thinks fit, and
(b) promote awareness and understanding of the Code and any revisions to
it”.
The code is in no way a regulatory instrument – it will comprise “recommendations,
advice and information”. There is no legal provision for adoption or enforcement of
any kind, and there is no cross referencing between the legislation concerned with
protection of certain species and habitats and the legislation requiring the production
of the code .
4 Objectives for SMWWC
Some basic objectives are implicit in the legal provisions described above, but one of
the jobs of the workshop will be to further develop and refine such objectives.
Drawing on the legislation and our own initial work we suggest the following as a
starting point:
To ensure that those who enjoy watching marine wildlife, and others who may
encounter wildlife incidentally, do not, intentionally or unintentionally
negatively affect the health, wellbeing and survival of marine wildlife;
To provide an overarching framework and rationale for more specific and/or
detailed codes of conduct for wildlife operators, special interest recreational
organisations, local authorities and others;
To provide an information resource about the status and behaviour of marine
animals in Scotland, the circumstances in which they are most likely to be
adversely affected, and the human activities most likely to affect them.
To offer specific guidance on the manner in which wildlife may best be viewed
with minimum disturbance
5 Activities likely to disturb marine wildlife
There are two dimensions to this – the nature of the activities and the location and
sensitivity of the wildlife.
Increasing numbers of people live on the coast and visit the coast. Scotland has a
rapidly growing “special interest holiday” sector, including dedicated wildlife and
“ecotourism” tours, and increasing numbers of yachts, motorboats, windsurfers and
sea kayaks. While this is to be welcomed and implies increased interest in and
concern for wildlife, it inevitably also implies increased potential for disturbance.
Any direct and close approach, whether intentional or unintentional is likely to disturb
wildlife. In the short term this may result in birds leaving their nests, or family groups
being split up; in the long term it may lead to desertion, stress, changes in range and
behaviour. The effects are likely to be exacerbated by sudden movements and loud
noises. And they will be further exacerbated if the escape routes available to the
animals are apparently limited.
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Animals are dependent on their habitat. People can affect habitat intentionally or
unintentionally in a variety of ways – especially on the seashore and on offshore
islands. Trampling, litter, introductions, and nutrient enrichment can all create
problems in some circumstances.
Most forms of disturbance are relatively trivial and unimportant in isolation. But as
numbers increase, the cumulative impacts may become significant. Also disturbance
of the animals at certain times and places – and notably during breeding and nursing
– will have a disproportionate effect.
Most of these problems can be addressed through simple guidelines or codes of
conduct.
6 Existing codes
Professional wildlife tour operators in Scotland already have their own voluntary
code. Many marine leisure pursuit organisations also have codes of conduct (e.g.
divers, jetskiiers) and awareness of these codes, and compliance with them is
probably increasing. Actual data on the degree of compliance is not available,
although some studies suggest that while broad compliance is common, compliance
“to the letter” is less so.
Globally, these codes are most highly developed for large marine mammals, and
especially whales and dolphins. However, in the UK there also exist codes relating to
the marine environment and its wildlife in general, the seashore, and turtles.
Coverage is weaker for seals, otters, seabirds, shorebirds and basking sharks,
although they are covered implicitly in the more general codes. Some codes relate to
specific locations. Some are targeted at specific user (such as underwater
photographer, fishermen). Some have been promoted by user organisations; others
by government agencies.
The main codes relevant to marine wildlife watching in the UK are listed in table 1. In
addition there are codes developed at international level and for other countries. Of
particular relevance are the “ACCOBAMS” Guidelines for Commercial Cetacean
Watching Activities in the Black Sea, the Mediterranean Sea and Contiguous Atlantic
Area; the Green Guide to the Blue Seas (best practice environmental management
for small boat tours); the Green Guide to Whale Watching (best practice
environmental management for boat based whale watching tours); and Guidelines for
Managing Visitation to Seabird Breeding Islands, Great Barrier Reef Marine Park
Authority. A more detailed commentary and summary of these codes is presented in
Annex 2.
6.1 General principles
Many of the codes offer general principles which can be applied in most situations.
The more commonly cited include:
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Positive, respectful interactions;
No chasing
No disruption of important activity;
No stress;
The observed animals should be in control of the encounter;
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Operators should develop an understanding of the animals on a continuous
basis and share this understanding.
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Table 1:
Guidance and codes relevant to marine wildlife watching developed in the UK
code
The Seashore Code
Sea Wise Code, Wales
Pembrokeshire Marine
Code; also several other
council led codes of this kind
Guidelines for minimising
disturbance to Cetaceans
from Recreation at Sea
Cetacean Watching Code of
Conduct
Dolphin Space Programme
Navigate with Nature
The United Kingdom Turtle
Code
The Underwater
Photographers Code of
Conduct
The Divers Code of Conduct
Shore Fishing Code of
Conduct
Code of Conduct for
birdwatchers
Basking shark code of
conduct
Scope and status
Seashore.
Removal, disturbance,
litter, general behaviour
Marine animals, birds
and plants.
Guidance for the general
public. Mainly behaviour.
Marine birds, animals
and plants
Behaviour
Cetaceans.
Main UK species;
Potential adverse
impacts;
Legal protection
requirements;
Precautions to minimise
disturbance arising from
encounters with vessels;
whale watching
Whales and Dolphins
Behaviour and operation
Dolphins, Moray Firth
Code of conduct for boat
operators
Accreditation scheme
Birds, seals, otters,
Cetaceans
Code of conduct
Behaviour, litter/pollution,
operation
Marine turtles.
Covers legal protection
status and
responsibilities; recording,
dealing with stranded,
sick, entangled or dead
animals; identification;
litter
Underwater marine
environment
Behaviour, removal,
feeding
Safety, social, nature
conservation, wrecks
Behaviour and
operation/gear
Seashore/fishing
Behaviour, litter/gear
Birds
Principles and behaviour
Basking shark
Boat control; swimming
behaviour
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Lead organisation and sponsor
Marine Conservation Society
Countryside Council for Wales
Local authorities
DETR, JNCC, SNH, CCW, EN,
EHS (N Ireland)
Whale and Dolphin Conservation Society
Scottish Natural Heritage
Scottish Marine Wildlife Operators
Association
Marine Conservation Society;
Endorsed by DEFRA and SEAFISH;
Supported by the Herpetological
Conservation Trust, Scottish Natural
Heritage, English Nature, Environment and
Heritage Service, Marine Turtle Research
Group, MEM, Euro Turtle, the Wildlife
Trusts, University College, Cork
Marine Conservation Society
Support from AWARE UK; the Marine
Wildlife Photo Agency; Ocean Optics; the
Northern Underwater Photography Group;
Menai sub-aqua club
British Sub-aqua club
World of Sea Fishing Magazine
RSPB
Project aware foundation (dive industry
environmental awareness organisation)
6.2 General marine wildlife watching codes
The Seashore Code, Seawise Code, and Pembrokeshire Marine Code (for example)
are all broadly based codes aimed primarily at the general public, and seeking to
promote sensitivity and a sense of responsibility and respect for shore life and marine
life. They include the following types of provision:
General behaviour: disturbance (sudden movement; noise); swimming with or
feeding; touching; minimum distance; approach behaviour; entrapment in
bays and gullies; trampling; paths and erosion; off-road vehicles; parking; use
of binoculars; cliffs – safety and sensitivity; tides and mud – safety.
Dog control and fouling
Time limits: in presence of birds, marine animals, especially nesting and
breeding sites
Killing/removal: removal/replacement of organisms, rocks, pebbles
Litter and pollution: general litter, plastics, gear, oil etc
Use of boats: speed; approach; direction; erratic behaviour; boat and gear
maintenance; propeller guards; total boat numbers in the vicinity of wildlife
Information: contact of local wardens etc prior to activity; participatory survey
and clean-up schemes
The industry’s own “Navigate with Nature” code of conduct for marine wildlife
operators covers birds, seals, otters and cetaceans and addresses many of the
issues listed above and some of those below. In addition they also address the
interests of local people and other users.
6.3 Codes by species groups
6.3.1 Codes for Cetaceans and sharks
A recent comprehensive compendium of these codes has been prepared by Carole
Carson1. A review and summary of the main elements in these codes reveals
significant similarities, but also some important differences (see Annex 2).
The following elements are typical of these codes:
A caution zone, ranging from 80-500m, within which observers should follow
certain simple rules in terms of behaviour and operation
A minimum distance (30-300m) which should be maintained between observer
and animal;
Speed, approach and positioning. Most codes offer clear guidance on the
manner, direction and speed of approach to any marine mammals, and in
some cases departure. Key considerations here are to avoid any sense of
entrapment, or of being chased, and always to ensure a wide escape route is
available.
Engine management. A set of protocols related to engine use, designed to
minimise sudden noise and unexpected movement, but also to alert the
1
Carson, A. 2003. A Review of Whale Watch Guidelines and Regulations around the World, Version
2003”, , International Fund for Animal Welfare, Yarmouth Port MA 02675 USA
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animals to the presence of the boat and thereby minimise the chances of
collision. For this reason. some codes specifically recommend sailing boats to
run their auxiliary engine when in the caution zone.
Any form of sudden or excessive noise is discouraged in many codes.
Propeller guards. Some codes recommend propeller guards to minimise the
chance of injury.
Time limits for viewing – typically 15-30 minutes
Some codes recommend a maximum number of boats within the caution zone
at any one time, or in any particular period. Such a number is very difficult to
define, but important if cumulative impacts are to be addressed.
Viewing from aircraft is banned in many countries, while others propose
minimum height
Most codes explicitly ban swimming with marine animals. The British Sub-aqua
club divers code of conduct recommends no disturbance of seals and seabird
colonies, and no approach to dolphins or porpoises.
Most codes explicitly ban throwing garbage and litter over the side of a viewing
vessel or feeding.
Use of Jet skis as a platform for wildlife watching is banned in most codes
Coordination and communication between commercial wildlife watching
operations is encouraged in most codes, to ensure that cumulative impacts
(and especially entrapment) are minimised
Some codes offer information on signs of disturbance, such as rapid and erratic
movement; prolonged diving, underwater exhalation, female shielding calf
The UK guidelines also explain the protected status of cetaceans under UK and
European law and under the ASCOBANS Agreement and the Bern Convention.
Whale and dolphin watching codes are well developed nationally and internationally
by both government and commercial operators, and can be used broadly as a
template for the development of a Scottish code. These ideas could be developed
and supplemented in the light of local knowledge about the status and behaviour of
cetaceans in Scottish waters. We need to know more about what they are doing,
why, when, and where in order to be truly sensitive to their needs.
6.3.2 Codes for seals
A report called Seal Watching in the UK and Republic of Ireland published by
International Fund for Animal Welfare apparently also contains useful information on
seal watching, including responsible seal watching. We are still trying to get hold of
this document.
There are relatively few codes targeted expressly at seals2, although many codes
deal with marine mammals generally, including cetaceans, seals and sea lions.
These codes typically include the general provisions noted above in respect of whale
watching. Codes for seals also need to address behaviour at coastal sites and
especially breeding sites. Issues addressed include:
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Giving animals adequate space on land;
Leave lone pups alone
Never separate pups from mothers
Use of binoculars
NOAA Fisheries, Northwest Region, Protected Resources Division: Sharing the shore with
harbour seal pups in the Pacific Northwest and Washington Department of Fisheries and Wildlife:
Viewing seals responsibly in the wild; Tasmania Parks Seal watching Guidelines
2
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Approach speed, distance, direction (downwind)
No entry zones (certain breeding colonies/rookeries)
Leave escape routes
Greater sensitivity (distance) during breeding season
Time limits
Dog control
No landing at a breeding colony
No feeding
No touching or prodding – they bite
Litter and plastics
Reporting of stranded or injured animals
Location maps
Signs of disturbance, e.g. movements away; hurried entry into water; herd
movement; many raised heads
6.3.3 Codes for turtles
The UK Turtle code draws attention to the nature of legal protection afforded turtles
under UK and European legislation. It offers practical advice on how to deal with sick,
entangled, stranded and dead turtles. It specifically requests the reporting of all
encounters with live or dead turtles, and provides basic information to allow
identification of the five species which have been reported in UK waters.
Advice on appropriate behaviour more generally is limited, with brief mention of litter,
collisions, and entanglement in discarded fishing gear. This is probably because
viewing encounters with wild turtles are rare and almost always incidental. Turtle
watching is unlikely to take off as a business in the UK. The existing code therefore
offers a sound basis for an appropriate section in the Scottish Wildlife Watching Code
6.3.4 Codes for seabirds
Scientific basis
The Great Barrier Reef Marine Park Authority and Environment Australia Biodiversity
group recently commissioned comprehensive guidelines for “managing visitation to
seabird breeding islands”. This includes technical information on the status and
location of breeding birds, on breeding behaviour, on vulnerability to human activities,
on their value, and on appropriate mitigation measures and management and
implementation issues. Of particular relevance is the section on vulnerability. It notes
for example that Little tern has almost ceased breeding in SE Australia, due mainly to
disturbance from humans. Direct and indirect impacts include:
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changes to ideal breeding habitat characteristics;
deterrence from settling to breed;
desertion of colony site by all or part of a breeding population;
delayed and less successful breeding;
increased destruction or predation of eggs, or death of eggs due to exposure;
attraction of gulls (potential predators) through food discards;
increased mortality of young chicks from predation, exposure, trampling or
disorientation;
reduced number of young birds fledging;
reduced fledging weight, contributing to lower juvenile survival;
introduction of exotic animals and plants.
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Burrow nesting species (e.g. puffins, shearwaters, petrels) are vulnerable to
trampling and burrow collapse, and disturbance when they arrive and leave burrows
– typically dawn and dusk. Many burrow nesters are vulnerable because of the long
incubation period, typically of a single egg. Burrows may be in use for 3 to 6 months.
Surface nesting species (such as terns) are vulnerable to approach, especially where
this is cumulative, and may abandon disturbed sites if others are available. Seabirds
may also shift to less favourable zones within a site if the favourable areas are
disturbed regularly.
The “critical approach distance” at which breeding seabirds will leave the nest varies
from species to species, but is typically of the order of 50-150m and up to 300m for
very sensitive species. At the other extreme are species such as fulmar, which may
stay on their eggs until the bitter end. Smaller aggregations of seabirds may be more
inclined to panic flying, in some cases knocking eggs off ledges. The authors
however note that there are tremendous differences between the same species in
different locations. Local knowledge is therefore essential if critical approach
distances are to be established.
There are particularly sensitive times at most seabird colonies:
o
o
o
o
o
o
late afternoon and early evening
during the hottest part of the day
wet and/or cold weather
moonlit nights
when eggs, naked or downy
chicks are in their nests.
Abandonment of nests tends to occur more earlier in the breeding season. The
effects of disturbance at the time of courtship can be particularly severe. Effects on
feeding depend much on species. Larger birds such as gannets feed their chicks
around twice per day; terns are fed as often as every hour.
Some work suggests that birds are less likely to be flushed by boats than by walkers
– approach distances are likely to be different. Flapping sails can be a problem when
yachts lower their sails.
Studies of aircraft impacts are varied, and habituation is common. However typical
guidelines suggest 1500 feet as a minimum overhead height and 1000 feet as a
minimum lateral distance lateral, with limits on frequency.
Existing codes
There are no codes dedicated to seabirds and shorebirds in the UK, though they are
covered to some degree in the general codes. RSPB has its own very simple code of
conduct for birdwatchers. This offers no specific guidance on behaviour, but seeks to
raise awareness of key issues. There are some more detailed codes of best
environmental practice promoted in the US (Audubon Society; USDA Forest Service)
and Australia (Great Barrier Reef Marine Park Authority; Queensland Parks and
Wildlife Authority). Issues addressed by these codes include the following:
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General - exercise restraint and caution
Damage to habitat; use of paths etc
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Appropriate distance; use of binoculars
The need to avoid disturbance of roosting, nesting or feeding birds.
Keeping a low profile – minimal sound, movement; use of hides or cover
Leave if signs of stress; no harassment
Be aware of/don’t step on camouflaged eggs and chicks
Never attempt to touch birds, chicks or eggs.
Use of recordings to attract birds
Dog control
Avoid using lights near or in bird colonies.
Be aware that shorebirds tend to feed at low tide and rest at high tide
Other peoples/users rights and sensitivities
Responsible communication/publicity about the whereabouts of rare birds.
Supporting monitoring and recording programmes
Need for particular care with groups; group management; group size;
communication of the code
Sharing of knowledge and experience
Learn about the habits and needs of seabirds to increase your appreciation of
them.
These clearly serve as a starting point for a Scottish Code. However there are other
issues raised in the GBR Guidelines, and also by some correspondents, which would
be worth exploring:
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Possible activity zones and/or associated infrastructure – paths; fences;
hides; moorings; boardways through burrow areas
Minimum approach distance and speed limits
Reduced activity at critical times of day (e.g. dawn/dusk for burrow nesters) or
breeding season
Boat/power boat free zones?
Publicising nesting sites of rare birds
Cumulative disturbance – need for coordinated visits
Signs, information, guides
Waste management/litter
Camping
Hill walkers and burrows
Island navigational light maintenance
MoD activities
6.3.5 Codes for otters
There are no dedicated codes for these species in UK waters, but they are
mentioned in some of the general codes. Appropriate provisions are likely to be
similar to those for cetaceans – though clearly land based approaches should also be
taken into account for seals and otters.
For example camping close to the shore may inadvertently block otter runs from sea
to holt.
6.4 Codes for different users
Existing codes are targeted at specialist operators, at specific interest groups
(birders, divers, photographers etc) and at the general public. For Scotland it may be
13
worth considering adapting the code (or encouraging its adaptation by representative
bodies) for different users, including the following:
Tour operators (general wildlife; specific wildlife);
Leisure boats (private owner, charter, sail, power);
Windsurfers
Sea Kayakers
Divers
Photographers
Bird watchers
Walkers and climbers
Fishermen (commercial; anglers)
Commercial shipping
The general public (adults, children)
MoD
Researchers
7 Overall scope and applicability of existing codes
The existing codes cover all the species to be addressed in the new Scottish code.
Coverage and detail is greater for cetaceans than for other species, and we will
explore with both behavioural scientists and operators whether more detailed
guidance is possible and necessary for seals, birds, otters and turtles.
Some codes – for example the Pembrokeshire Marine Code – are built up as
hierarchies with an overarching general code, and more specific codes for different
species, or relating to particularly sensitive areas etc. Zoning maps have been
developed for tour operators in some cases.
7.1 Some key issues
There is much consistency between codes, but a few issues are dealt with differently,
or raise questions.
7.1.1 Acceptable levels of disturbance and cumulative effects
The key idea behind most codes is to minimise disturbance of any kind, while at the
same time allowing for people to “experience” and enjoy wildlife. These two aims are
sometimes at odds. A code is required precisely to offer guidance on the best way to
balance these interests. Where the balance should be struck however varies
between codes.
Some codes specifically recommend that animals are not approached. Most,
however, offer guidance on how best to approach, how close to go, and when to
withdraw. Swimming with or close to cetaceans is discouraged in many codes, but in
“swimming culture” countries such as Australia, specific guidance is offered on how
best to do it.
Seals resting on rocks in Scottish waters will typically slip into the water as boats
approach. This might be construed as disturbance (which it is), or normal behaviour,
(which it is). Common sense would suggest it to be acceptable disturbance in most
cases. However, if the seals are directly approached and scramble rapidly to the
water this may be considered as unacceptable. Should specific guidance be offered
14
to address these issues, or should it be left to common sense? And if the seals are
repeatedly disturbed, however gently, by one or more boats or groups of people,
does this represent a problem? If so how can the lines be drawn and guidance
implemented?
7.1.2 Engine management
Some codes offer detailed guidance on the use and operation of engines in the
vicinity of marine wildlife and especially cetaceans. Others make more general
observations on the need to avoid sudden changes in speed, direction and noise
levels.
Some codes recommend that sailing yachts start their engines or make moderate
noise to alert marine mammals to their presence and thereby avoid collisions.
We need to consider carefully how prescriptive the code should be in respect of
these issues.
7.1.3 Exclusive zones and seasons
In some countries there are established “no go zones” – either general, or for
particular forms of vessel or approach - or prohibition on visits at critical times in the
breeding season. While there may be some legal powers to establish such rules at
Natura 2000 sites, these powers are generally very limited in the marine
environment. Is there an opportunity to establish voluntary no go zones/seasons?
7.1.4 Knowledge and understanding
We need better information on what forms and levels of disturbance are likely to
significantly affect the health, wellbeing, and survival of marine animals. This is likely
to be long term research, and the professional wildlife watching industry itself, and
individual recreational users, can and should be encouraged to contribute to
recording and monitoring.
We also need to understand more about the behaviour of marine animals – in terms
of what constitutes normal and abnormal or stress behaviour, and in terms of when
and where they are likely to be most vulnerable. Much information is already
available, and the knowledge of wildlife tour operators represents a significant
resource in this regard. But we need to identify critical gaps in our knowledge and set
up processes to fill them.
7.1.5 Refining the code
The code cannot be set in tablets of stone, and will need to evolve as our knowledge
increases and as the pressures change. We need to identify a process for review and
adaptation, drawing on both scientists and wildlife tour operators.
7.1.6 Duplication
As noted above, there already exist several relevant codes. It is important that the
new code does not simply duplicate these at “Scottish” level, but is complimentary,
strengthening and/or endorsing them, rather than undermining them. We must avoid
code overload and heavy handed government.
15
8 Compliance and complaints
The legal status of the code is one of information and guidance. Compliance is
therefore voluntary, although it is arguable that major lack of compliance could be
construed as harassment, and therefore subject to prosecution under the Wildlife and
Countryside Act (1981).
In practice the key to compliance will be awareness and education. We need simple
practical and meaningful guidance that can be communicated widely, and which will
serve to strengthen and underpin more specific local and special interest codes.
The possibility of accreditation, approval and training schemes needs to be explored
carefully. Accreditation/approval schemes might be linked directly to the Scottish
code, or perhaps more effectively, to more specialist codes, which are in accordance
with the national code.
Local and industry ownership is also an issue. Parsons and Woods-Ballard3 suggest
that reference to and compliance with industry led codes is likely to be higher than for
government led codes.
8.1 Complaints
Monitoring, policing, dealing with complaints
9 Possible elements of a Scottish marine wildlife watching
code
The content and structure of the code will be an issue for debate in the workshops.
The code is however likely to contain the following main sections:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Objectives
Principles
Key issues – what causes disturbance and how serious is it?
General code
Species codes
User codes – or protocols for the development of user codes
Improved understanding – recording, monitoring and refinement
Accreditation/approval
Annexes?
 Signs of stress or unacceptable disturbance by species?
 Sensitive times or places with different species
3
E.C.M. Parsons; A. Woods-Ballard 2003. Acceptance of Voluntary Whale watching Codes of Conduct in West
Scotland: The Effectiveness of Governmental Versus Industry-led Guidelines. CURRENT ISSUES IN TOURISM Vol. 6,
No. 2, 2003
16
Annex 1: Some key questions for the preliminary local
workshops
1. Objectives for the code
2. Relationship with existing codes – do we need another?
3. Key issues to be addressed – locations, activities, forms and severity of
disturbance, cumulative impacts, trends
4. Zoning?
5. How to define unacceptable disturbance
6. Compliance and accreditation
7. Content and structure of the code and associated documents (organised by
species or species groups; type of encounter (commercial watching,
leisure/incidental, fishing, land v sea based); location/area (e.g. Moray Firth;
Shetland; West coast) and various common combinations.
17
Annex 2: Review and summary tables for cetacean watching
codes
These tables have been compiled from study of the various codes and legislative
frameworks found for different countries, and also those produced by some UK
specialist groups and international organisations. In order that the measures may be
compared, and drawn together into a manageable format, some of the detail has
been either omitted or simplified. This is necessary given the amount of material
available and the detailed wording of legislation. To read the full text pertaining to any
country code, look in the workbook section 10 of alphabetical index. The length of the
legislation or guidelines may not be indicative of its’ usefulness. Oman, St Lucia and
Tonga have regulations notable for their brevity, but clear and memorable. The
technical effectiveness of the measures they all use cannot yet be quantified,
although one will form an opionion. The headings that have been chosen are those
that refer to key issues and/or to measures that were almost universally addressed.
Other issues, excluded from the table because they were not so commonly included,
are discussed later in this section.
The tables are as follows:
1. Summary table for National Legislation on Cetacean Watching, including
State or Provincial Laws
2. Summary table for local and commercial codes on marine wildlife watching
3. Summary table for International Guidelines on cetacean watching.
The use of other legislation, codes and guidelines
The manner in which the various measures are addressed by countries and
organisations is partly a function of the legislative framework within which the law,
code or guidelines must operate, and there is little point in reviewing the
effectiveness or otherwise of legislation versus guidelines at this stage. Our
legislative framework is set; we have to decide on the appropriate measures to
include in an effective practical code, and in so doing we should draw on anything
useful that can be gleaned from elsewhere - taking full account of the differences in
culture and context. The word “code” is often used in this section to describe what is
in many cases primary legislation or operator guidelines. This is unimportant; it is our
actual behaviour around marine animals that matters, not the legislative framework,
which is relevant only inasmuch as it affects compliance and the social and economic
situation in the area.
Table headings
Species
The term “cetaceans” is in common use, but whales are often the only species
mentioned, particularly in countries where there are whale breeding grounds and
particular concern for them. Argentina, New Zealand, St Lucia and the USA use the
term “marine mammals”. New Zealand and the USA have a raft of local guidelines to
“fine tune” codes for different areas and species. It is rare for primary legislation to
refer to a single species, but this is so for example in the USA, where Massachusetts
State Regulations impose an immediate 500yd buffer zone around a surfacing
Northern Right Whale. Seals and sea lions are specifically mentioned in USA
Northwest Region National Marine Fisheries Service Guidelines, and seals briefly in
18
New Zealand regulations. The Navigate with Nature code of conduct for the Scottish
Marine Wildlife Operators Association deals with a wide range of marine wildlife, but
is unusual in its breadth.
Commercial permit
This heading is used to convey the presence of some kind of formal permit system
for commercial operators. Where there is no formal permit system there may be a
system of local codes, an accreditation scheme, or nothing. Without detailed
knowledge of the locality and customs it is impossible to tell whether a permit or
accreditation is beneficial. It may be; or it may give a false sense of security if the
guidelines are inappropriate or ignored.
Time Limit
Where specified, time limits vary from 30 mins to 15 mins. The effectiveness, or
need, for a time limit will depend on circumstances, and perhaps on what one is
doing for the specified time. The time limits apply variously to commercial and
recreational operators; sometimes both, often unspecified.
Caution zone.
Many codes use a caution zone, varying between 500m for whales down to 80m.
This is a distance limit from the mammal within which certain behaviour is expected
relating to factors such as positioning and speed. This is a useful concept, a “buffer”
zone within which watchers, variously commercial, recreational and accidental, must
start to consider their behaviour in relation to the animals. It relies on a sufficiently
good lookout being kept that the animals are seen at all, and on a reasonable
judgement of distance, not easy at sea. Large commercial ships with a route to stick
to may be quite unable to manoeuvre, and may well not see marine mammals. The
practical Alaskans usefully remind readers that 100 yards is the length of a football
field. For the purposes of the table, a caution zone has been indicated if one is
implied by any of the measures included in the code considered.
Minimum distance
Exactly what it says. Again, compliance relies partly on distance judgement.
Distances vary between species, and sometimes depend on whether the boat is
moving or stationary. The longest is 300m, the shortest 30m. 100m for whales, 50m
from dolphins and, where indicated, 100m from seals is perhaps typical. There is
always the possibility that such distances may reflect to some extent the perceived
needs of local commercial operators, and where stated minimum distances seem
smaller than usual this could be the case.
Engine status
This is a difficult parameter to summarise, and relevant to disturbance by noise and
physical damage.. Most codes offer advice on engine/propeller management, but
opinions seem to vary as to how best to accomplish quiet operation. Some codes
forbid outboards, which may be achievable for commercial operations (although
some use RIBs) but hardly helps to guide recreational users. Physical danger from
propellers is considered in terms of propeller guards and in turning off engines when
a whales dives until one is sure of its position on surfacing again. Reversing is
discouraged, as are sudden changes in gear or speed. Some codes advise staying
19
in idle for 1 minute before switching off, presumably to achieve gradual noise
changes. Sail boats not under engine can be advised to run an engine at idle to
warm marine mammals of their presence, or to rap a hard object on the hull. St
Lucian regulations forbid approaching a marine mammal or group of mammals under
sail. There is a difference between species in their reaction to noise, and in their
ability to discern objects by sonar alone, and we may need to look into the detail of
this by literature search and contact with researchers.
Maximum speed
This speed may be defined in knots or as a no wake speed, which varies for different
types of hull. Some speed limits apply only when one is departing from the vicinity of
the animals, some apply throughout a caution zone, some are for use with bowwave riding dolphins. The terms slow, constant, steady, and no wake are commonly
used.
Maximum number of boats
This can variously be defined on daily, area or per whale/pod limits. Only Chile uses
daily limits of four launchings per day and thus directly addresses the issue of the
cumulative effects of repeated trips. Many codes warn of the dangers of cumulative
effects, but do not give specific advice.
Escape route
This is shorthand for considerations relating to vessel positioning as it affects marine
mammal behaviour. Common measures included advice to leave 180 deg in front of
the area clear, not to circle them, to run on a parallel course and to leave the path
ahead of them clear. Wording can be difficult. Mexico requires boats to approach
whales in transit in a diagonal line from the lateral posterior side. Oman translates
essentially the same thing as an approach from a parallel position and slightly
behind. Australia includes useful diagrams, as does the Green Guide to Whale
Watching.
Aircraft
The majority of countries who mention aircraft operations (which term includes
helicopters) at all ban them from being used for deliberate watching. Almost all give
height restrictions, generally of about 1000ft. UK pilots use feet, not metres, for
height measurement. Australia differentiates between 1000m (about 3,300ft) for
aircraft in transit, and 300m (about 1000ft) otherwise, the otherwise presumably
being a deliberate watching trip. This is an interesting concept. New Zealand height
limits vary between 150m and 450m, and interestingly ask that the pilot try and avoid
the shadow of the aircraft falling on the animals. USA (Hawaii) sets limits of 100 to
1000 ft. 100ft looks fairly low, even to the pilot. Tonga allows one aircraft within 5k,
and allows two sweeps over the animals, not below 300m (1000ft), or a maximum of
5 mins overhead, and no helicopters.
Microlights and paragliders are interesting, and banned as watching platforms by
some countries..
In the UK the Air Navigation Order specifies that one may fly no closer than 500 ft to
any person, vessel or structure, which does not perhaps encompass marine
mammals, but as harassment is illegal guidance could perhaps be given. Military
20
aircraft tend to reduce this to 200ft. Generally, a single engine aircraft over water will
try and fly as high as possible in case the engine cuts out, and will try and avoid birds
in case they cause it to. They will also avoid disturbing large flocks of birds if they
have any experience at all, as bird strike can be very bad news. Commercial aircraft
fly as high as they can to save fuel, and have little choice over take-off and landing
routes, and more to think about than wildlife at that point. Private flying is not as
common here as in the USA, but promulgating information to the UK pilot community,
both private and commercial, would be a simple matter.
We do need to know the effect of low military traffic on wildlife before we make
statements about aircraft, particularly with regard to flying operations at RAF
Lossiemouth and Kinloss on the Moray Firth. Speed is an issue. Instinctively one
feels that a low, slow, noisy propeller transport aircraft will be more disturbing than a
fast jet, and that a hovering helicopter would be even worse. We also need to be
aware that some helicopter operations are search and rescue, actual or practice, and
they need to be low, and to hover.
Swim/dive
Most of the codes studied explicitly ban swimming with marine mammals. Some just
ban Scuba diving, some ban swimming with young animals, some give distance
limits or insist that one stays with the boat. Countries with a culture of swimming e.g.
Australia and New Zealand, allow it, albeit with guidelines. Perhaps our sea
temperature has acted as something of a natural deterrent. The British Sub Aqua
Club (BSAC) Divers Code of Conduct (Section 6) is quite clear. Dive boats must not
disturb seal or bird colonies. No spear guns. Do not approach seal breeding or haulout sites. Do not approach dolphins or porpoises.
Issues not addressed in the summary tables
Garbage
Most codes explicitly ban throwing garbage over the side when watching marine
mammals, and refer to the fact that one is not supposed to do this anyway. It may be
worth us getting the exact legal wording regarding throwing things over the side in
inshore waters, and the same for littering on beaches and estuaries.
Noise
Many codes refer to the need for quiet on board a watching vessel, from the
passengers as well as from engine noise. Australia specifically forbids the playing of
any form of underwater sound and encourages the use of an underwater microphone
(hydrophone).
Jet skis
Many codes expressly forbid the use of jet skis for wildlife watching. Tonga bans
them from within 2000m, but this does rely on sufficiently good communications to
allow a jet skier to know that there is marine wildlife nearly a mile away.
21
Prohibition of activities.
It may be useful to prohibit an activity from a certain radius around the wildlife in
order to set some kind of standard, but this does rely on sound communications
Radio
Some codes encourage the use of VHF between ships, particularly commercial
operators, to co-ordinate approaches correctly. This could be mis-used, but it does
entirely depend on the individuals concerned.
International voluntary guidelines
Four such codes are reproduced in the workbook, section 7.
1. Whale and Dolphin Conservation Society Cetacean Watching Code of
conduct.
2. Green Guide to Whale Watching
3. Green Guide to Blue Seas.
4. Wild Whales, Guidelines for Responsible Whale Watching.
The “Green Guides”, although originating from a consortium of Australian
practitioners, offer comprehensive practical advice that could be considered of
international use, particularly regarding approach plans and vessel positioning.
It is tempting to regard such codes highly and assume that they are perhaps the “holy
grail” of behaviour. This may be so, but they can only be informed by current
knowledge of marine mammal behaviour, which may be incomplete. Not being
constrained by the need for legal language, they have the advantage of being
carefully and clearly worded. Guidelines less stringent than these codes would
perhaps have to be particularly well justified.
22
Summary Table for National Legislation on cetacean-watching, including State or Provincial
Laws.
Country
Species
Commercial
Time
Limit
Permit
Caution
Minimum
Engine
Max speed
zone (m)
distance (m)
status
(kts)
on
steady
Max.no.of
boats
Escape
route
Aircraft
Swim/dive
one per whale
two per
operator
no circling
150m
No
leave open
300m
Guidelines
Argentina
Marine Mammal
Yes
No
No
100
50
off
Australia
Cetaceans
No
No
300 whale
100 (whale)
neutral/idle/off
steady/no wake
three within
150 dolphin
50 (dolphin)
if stopping
within caution
caution zone
to watch
zone
Azores
Cetaceans
Yes
30 mins
200m
50
Dolphins
No
No
No
none
Cetaceans
No
30mins
No
100
on
50
off
100
Neutral until
(1000m transit)
One in
caution zone
Bahamas
Brazil
British
Whales
No
None
No
whale
Islands
surfaces
Whales
No
300m
100m
180 deg in
front of
animal
300m
no scuba
Yes
Virgin
Canada
no helicopters
100m
Not within
50m
10 kts
180 deg in
front of
animal
Neutral/idle
Not within
100m
450m
at minimum
distance.
Canary
Cetaceans
Yes
300m (slow)
200m(not
>3
Islands
60m
idle 1 min
not > 3
then off
within 200m
Parallel
No
Parallel
No
boats)
Chile
Cetaceans
Restricted
30 mins
300m
30 mins
200-500m
constant
2
research/official
& 2 comm.per
day
idle/off
slow &
6 boats
as req.
constant
slow &
operations
Columbia
Dominica
Whales
Whales
No
Yes
15-20
mins
3 dive seq.
400m
Not within
30m
50m
neutral or
constant, slow
path to
remain
300m if >
idle/off if
no wake
clear
23
500m
not deliberate
No
Summary Table for National Legislation on cetacean-watching, including State or Provincial Laws. - cont;
Country
Species
Commercial
Time
Limit
Permit
France
Minimum
Engine
Max speed
zone (m)
distance (m)
status
(kts)
Nothing sudden
3 kts
Max.no.of boats
Escape
route
Aircraft
Swim/dive
No national regulation
Galapagos
whales &
Islands
dolphins
Guadeloupe
Caution
No
10 mins
400m
No scuba
ex. in emerg.
Cetaceans
30 mins
500m
100m (stationary)
6 kts
no circling
50m (moving)
Hong Kong
500m
Ireland
Dolphins
Yes
Iceland
Cetaceans
No
Japan
No national guidelines
Madagascar
No national guidelines
No
leave open
100m
30 mins
idle/drift
10 kts
1 in 500m
7kts
3
No
Not
commercial
2 in 30m
No
4-6 kts if
bow-riding
Mexico
New
Zealand
Whales
Marine
Yes
30 mins
No
10 mins
Yes
80m
30m
4 kts
80m
300m
50m
150m-450m
Mammals
Norway
No written regulations
Oman
Whales &
No
300m
dolphins
off/idle
no wake
450m
Not < 50m
do not block
50m dolphins
Puerto Rico
whales
Yes
South Africa
Cetaceans
Yes
30 mins
20-30
mins
Marine
Yes
30 mins
St Lucia
100m whales
no shadow
Yes, but not
with
juveniles
400m
100m
500m whales
300m
dolphins
50m
400m
100m
do not block
10 kts
Not < 300m
no wake
<100m, stop in
Mammals
no wake
No
No
neutral
Tanzania
dolphins
no
Tonga
whales
no
30 mins
300m
100m
idle/off
slow/steady
2
leave open
no wake
2
leave open
1 within 5k
2 sweeps/5
mins
not < 300m
no helis
24
stay with
boat
Not > 4
people
line to boat
Summary Table for National Legislation on cetacean-watching, including State or Provincial Laws. - cont;
Country
Species
Commercial
Time Limit
Permit
Turks &
whales
Caution
Minimum
Engine
Max speed
zone (m)
distance (m)
status
(kts)
500yds
100 yds
Max.no.of boats
10 kts
Escape
route
Aircraft
Swim/dive
180 deg
not < 100
yds
keep clear
no
Cacaos
UK
Scotland
Cetaceans
No
Minke whales
No
dolphins
No
USA
M Mammals
No
USA NW
M Mammals
no wake
200m
5 kts
3 in 1 km
no
30 mins
100 yds
right whale
slow/neutral
500 yds
No
100yds
50 yds
neutral
slow
parallel
not< 100ft
not < 50 yds
no hovering
no circling
USA Alaska
M Mammals
No
USA Hawaii
M Mammals
No
cetaceans
Yes
Uruguay
15-20 mins
100 yds
leave open
50-100yds
30 mins
not < 1500 ft
100-1000 ft
2-300m
no
25
Summary Table for local and commercial codes on marine wildlife watching
Code
Species
Commercial
Time
Limit
Permit
Pembrokeshire
marine code
Marine
wildlife
No
Dolphin Space
programme
Dolphins
Accreditation
marine
wildlife
accreditation
Navigate with nature
15 mins
Minimum
Max speed
distance (m)
(kts)
No
100m
safe
navigable
speed
3 in 100m
no
slow
no wake
limit trips
no
under
review
unspec.
Max.no.of
boats
Caution
zone
(m)
100m from
haul-out
26
Escape route
Aircraft
Swim/dive
dangerous
Summary Table for International Guidelines on cetacean-watching
Cetaceans
No
15 mins
200m
100m
no
wake
1 in 100m
Green Guide to
whale-watching
Whales
No
15-30 mins
300m
100m
4 kts
3 in 300m
Wild whales
Whales
No
30 mins
300m
100m
7 kts
WDCS code
27
No
keep open
No
keep clear
No
28
Annex 3: Report of the four public meetings
Marine Wildlife watching Code
Report of the first public meetings
Hambrey Consulting March 18th
The four informal public meetings at Largs, North Queensferry, Oban and North
Kessock generated many suggestions for the nature and content of the marine
wildlife watching code and associated initiatives from a very wide variety of interests
and stakeholders. The views expressed were varied and sometimes contradictory.
The main points made are summarized below (section 1). They are not attributed.
We would like to keep the debate as free and open as possible at this stage. We will
be setting up a sub page on the web site where people or organisations can make
more detailed attributed submissions at a later date.
Drawing on these points and other discussions we have developed a set of key
issues and questions through which to solicit further comment and feedback (section
2). Both the key points made and key issues and questions have been uploaded onto
the web site. We expect further feedback
Key points made at the meetings
Pressure and responsibility
The wildlife tour operators are the most experienced and know best how to approach
wildlife without compromising the future of their business.
If it isn’t broke, don’t fix it
There has been a huge increase in puffins on Staffa despite steadily increased visitor
pressure.
There may be no problem now, but there may be in the future.
The wildlife boat operators comprise 0.25% of total boat traffic in Moray Firth.
Yachts on the West coast have not increased greatly in numbers, but they are spread
more thinly and venture to more northerly and wilder locations (GPS; better pilots etc)
There has been a huge increase in diving
The code should be targeted at recreational users – yachts, sea kayaks, jet skis,
windsurfers; day boat and rib owners etc
Land based approaches can be more disturbing
MoD is responsible for a good deal of disturbance
Researchers must follow code or get a license – and there should be good reason for
“scientific” exception…
Disturbance
Disturbance should be explained as having negative connotations, as in harassment, or
aggravated disturbance. Wildlife is constantly and “naturally” disturbed. In this sense
people are just part of nature.
Marine animals are resilient and have a huge advantage over humans – they operate in 3
dimensions, not 2.
Cannot define disturbance. Cannot easily describe “disturbed wildlife” reaction – very
subtle and experience required.
Operators learn how best to approach, and animals become habituated quickly (seals
after 2-3 similar visits)
Minimum distance is a problem for seals and cetaceans – they come to you
29
Heart rate of birds has been shown to increase as humans approach.
Maybe, but does that matter? Being disturbed is a normal part of life.
Disturbance situations can be unexpected and uncontrollable. A shag takes off. A group
of other birds take off. Seals panic….
Cumulative impacts are important and problematic. A boat observing marine wildlife
attracts others. Over time certain locations will become highly impacted
Fish farmers are encouraged to use noise deterrents for seal and chasing eider ducks
etc. How can this be reconciled?
Otters can be found in virtually every anchorage on the West coats. Often near fish farms
because of the abundance of crabs
Porpoises and other marine life have developed a diurnal cycle in response to visitor
pressure - out to see morning, return evening
Scope and target audience










Different places, different circumstances, different rules
Should be educational; should show people how they can best view wildlife
Need to ensure consistency/complimentarity across codes
There may be interactions and conflicts between land based and sea based watching
Give the code another name – it sounds too intentional watcher or commercial
operator orientated. We need to target the “opportunistic” or incidental wildlife
watcher
Make it similar to the countryside code – i.e. don’t target the operators. Litter,
camping, basic awareness and sensitivity
It must address other (than commercial operator) sources of disturbance – military;
fish farms; jet skis; day sailors, kayakers etc
Messages and presentation will be hugely different between commercial users and
general public/leisure user
Must be sustainable and manageable/meaningful
Easy to get materials to those who are already responsible; but need to target the
occasional irresponsible punter
Structure and content
Should include :






guiding principles (universal support)
more detailed guidance (but widely differing views as to how prescriptive this should
be)
guidance on how to develop more detailed local area or user group codes
different codes for special areas of conservation (SACs)?
signposts to information sources
guidance structured according to time of year. The wildlife calendar?.
Information




Better information on what constitutes disturbance and what the signs of disturbance
are
Times to find and watch wildlife - where to go and where not to go
How to find and see wildlife. If there are waves there are no whales….
Targeted supporting information leaflets for specific user groups
General guidance


Examples of good practice and bad practice/unacceptable behaviour
Examples and case studies of how to behave
Specific protocols



Arrive and depart in a sensitive manner
Always check for marine life before engaging gear
Should not feed
30






















Should not feed; but what about the ducks and swans and our younger clients?
No entrapment
No chasing
Keep noise down, but….
Too little noise is bad. Silent approaches by e.g. yachts and especially sea kayaks
can cause serious alarm
Turn engine off to view porpoises
Keep engine running for dolphins
Turn off fish finders?
No-wake speed is different for different boats and problematic for ribs (no wake = v
fast or v.slow)
Propeller guards?
Detailed prescriptions – such as speed, distance, engine management – should be
avoided. There are many different ways to minimise disturbance, and they vary
according to species, locations, habituation levels. Experienced operators are
sensitive to signs of discomfort and disturbance and will make sensible informed
judgements.
Distance requirements are problematic in channels.
Distance is a problem since animals often approach boats
Fixed routes v approach behaviour v limited operational zones- depends on
situation/context
Animal “disturbance reaction” may be a better criterion than distance.
We need guidance on speed and distance for some animals e.g. whales and
dolphins.
Minimum distance for bird colonies – 30m (Isle of May); seals etc 20m – but varies
according to circumstance (depth; weather; tide; safety etc) – and breeding,
vulnerability
Maritime safety must be an overriding consideration over and above any protocols
Visitors have been going as close as 3m of seal pups and puffins for years.
Populations are robust (increasing) and habituated, despite being visited every 2-3
days (or more).
Fixed routes – problematic (customers; open water; weather etc); but perhaps useful
in some situations
Yachtsmen sail through seabird rafts. The birds rise and settle ahead of the boat
again, the yacht sails through again - and so on. Is this a problem?
Jet ski ban?
Promotion
















Representative organisations
Clubs – dive, sailing, kayaking, wildlife
Get the code into RYA training and outdoor education in general
Navigation aids – wildlife information on charts and pilots
Outdoor centre training
Schools
Harbour masters
TV campaign
“Gear” shops – leafleting and publicity
Get info out – to shops; to rep orgs, to punters
“Green” flag award? c.f. Port Edgar blue flag
Handouts with berthing receipts at harbours, marinas, slips
Target Island organisations
WISE accreditation
Promote through coastal and firths partnerships
How do we get better representation and awareness on the part of the general
public?
Compliance and accreditation
31
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Policing is they key. It should not be left to private individuals to inform on their
neighbours, competitors or indeed the general public. SNH must take a greater role in
monitoring breaches of code, bringing and advising on prosecutions, and wildlife
policing in general must be strengthened
Accreditation brings free advertising and is probably good for business
We would like accreditation and see it as a business opportunity and professionally
desirable, especially if linked with better information about wildlife
We have been operating for many years, behave responsibly, and do not need the
code or accreditation
Licensing could be a powerful tool - information, awareness raising, compliance
Licensing is confused – local authorities for <12; MCA for >12 and local authority
involvement varies between councils
Link licensing with training/education/information
There are opportunities for conditions/cross compliance with codes when issuing
licenses. Some local authorities use these; MCA is reluctant to engage in any cross
compliance other than with safety issues
Extend licensing to all boats
Who bears the costs of accreditation?
Complaints procedures must be set up and perhaps guidance offered in the code:
peer monitoring; competitive abuse etc
The recent dolphin disturbance court case made a mockery of the navigate with
nature code
Much of the Highway Code can be legally underpinned; not so this code
Wildlife wardens?
need policemen with rural v. urban knowledge and perspective
Some possible objectives for the code
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To promote and underpin a sustainable wildlife watching industry
To provide guidance on how to get the best possible view with minimum disturbance
To promote responsibility and local good practice
Process for developing the code
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The Scottish Marine Wildlife Operators code was developed over a long period
through very comprehensive consultation and support from SWT. Don’t re-invent the
wheel; but do lots of consultation
Review strengths and weaknesses of existing codes
Do not want a proliferation of local codes
Issues for further discussion
We present below some of the more important issues and questions that have arisen
at meetings and through wider discussions so far. They will be used on the website
and to structure further discussions with stakeholders.
Who is the code for?
There was strong view at two of the meetings that the code should directed more toward the
casual wildlife watcher rather than commercial operators
1. Do you agree?
32
What is the purpose of the code? Compliance issues
Most people see the code as educational, as offering guidance, as a tool for raising
awareness and indeed promoting marine wildlife watching. Others see it as a standard
against which the behaviour of rogue operators or “cowboys” can be compared with a view to
some form of sanction, and in the extreme prosecution.
2. Is the purpose of the code primarily education and awareness raising? Or should it be
developed as management tool?
3. If it is to be used as a management tool how can compliance be encouraged or, in the
extreme, enforced?
4. Should the code be closely linked with accreditation programmes, and if so how can
the benefits of these schemes be maximised – for the operator and for wildlife
Disturbance
There were varied views on what constitutes disturbance, and whether or not it should be
clearly defined in the code. There was a strong view that what we are concerned about is
what might be termed “significant negative disturbance”.
5. Should we define disturbance?
6. If so, what should be the definition?
How should we structure the code?
The code needs to address a range of possible user groups, species, and circumstances.
7. How should we structure the code to meet these varied needs?
Local and user codes
Many people were of the view that a national level code would be dangerous if it were to be at
all prescriptive, but that there was a case for more detailed and possibly more prescriptive
guidance at local level or for particular users (indeed some such guidance already exists).
8. How can the national code be useful if it is not situation/species specific?
33
9. Do we need to prescribe a requirement and offer guidance for the development of
local or user specific codes? How might this be done?
10. How will the national code relate to existing local or user codes?
11. Is a proliferation of varied local codes a problem?
How prescriptive should the code be?
The code could be anything from a set of broad principles with supporting information and
guidance, to a set of relatively prescriptive codes relating to particular species and “watcher”
groups. The later might, for example include detailed guidance on approach behaviour,
speed, distances, engine management.
The disadvantage of being prescriptive is that the protocols may be inappropriate to particular
circumstances, and take no account of the experience of the observers or the degree of
habituation of the animals.
The disadvantage of being too general would be that inappropriate behaviour would be hard
to define or identify, and the code would have little influence in terms of improved behaviour
or precautionary management.
11. How prescriptive should the code be and why?
How can the code address cumulative impact?
Many have suggested that occasional disturbance is not really a problem, whether or not a
particular code is being followed. Indeed, this might be described as “perfectly natural
disturbance”. The main problem is when wildlife becomes subjected to increasingly regular
encounters with humans to the point where it begins to affect their behaviour patterns in a
negative way. In some countries mechanisms are in place to control the total number of
boats, or visitors, or encounters; or limit encounters to certain seasons or times of day. This
would obviously be difficult where a significant proportion of watchers are non commercial.
12. How can we address the problem of steadily increasing wildlife watching pressure in
“wildlife hotspots”
Spatial management
Defined routes for wildlife watching are in place in parts of the Moray Firth in Scotland and
elsewhere in the world. Particularly sensitive “exclusion zones” could also be recommended
34
for some locations. Defined operational areas for particular boats are also used in some
cases.
13. What are the strengths and weakness of different spatial management approaches in
different contexts; and can they be used instead of, or to supplement more specific
guidance on behaviour and operation?
Promotion and awareness raising
Effective promotion depends to a large degree on some of the answers to the questions
already posed.
14. How can we promote the code and raise awareness of the need for care in wildlife
watching generally?
35
Annex 4: Inverness workshop report
Workshop on the Marine Wildlife watching Code
Ramada Hotel, Inverness, 3rd May 2004
Purpose of the Workshop
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To update participants on progress with the review and consultation process;
To clarify the purpose of the code and how it will be used;
To debate and where possible resolve outstanding key issues
To make recommendations on structure and content to assist in writing the
code
To develop resource materials relating to particular species and/or
activities/user groups
List of participants
John Picken
Ed Ley Wilson
George Brown
Neil MacInnes
Bill Ruck
June Gerrard
Ian Birks
Tony Archer
Colin MorrisonNick Davies
Scottish Canoe Association
Scottish canoe Association
British Sub-aqua Club and Highland Regional Council
British Sub-aqua Club, Inverness Sub-Aqua Club
Moray Diving
Scottish Marine Wildlife Operators Association
Lochwatch Holidays/Seawatch/ SMWOA
Sailing Wild; Dolphin Space Programme
TurusMara
Gairloch Chandlery
Hebridean Whale Cruises
Caroline Warburton
Tourism and Environment Forum
James Williamson
Willie Fraser
Juliette Shrimpton
Deborah Benham
Kevin Robinson
Michael Tetley
Northern Constabulary Wildlife Liaison Officer
National Trust Scotland (NTS)
Hebridean Whale and Dolphin Trust
Whale and Dolphin Conservation Society
Cetacean Research and Rescue Unit .
Cetacean Research and Rescue Unit
Laura Bateson
Scottish Wildlife Trust
Tim Dawson
Ben Leyshon -
Scottish Natural Heritage
Scottish Natural Heritage
Scottish Natural Heritage
Scottish Natural Heritage
Scottish Natural Heritage
Barry Davies
Mary Gibson
Ashleigh Tooth
Katie Gilham
Consultants: John Hambrey, Sue Evans (Hambrey Consulting); Margaret Kellas
(facilitator)
36
Outputs from working groups and plenary discussions
1. Principles for developing and structuring the code
2. What is disturbance?
3. How prescriptive should the code be? (minimum distance, engine management, speed,
feeding, swimming)
4. Generic guidance – applicable to all species and target groups
5. Specific guidance with respect to: kayaks, divers, whales and dolphins;
seals/otters/seabirds; Tourists
10 Principles for developing and structuring the code
Key issue – should it be structured around user groups, or around species groups?
Group 1
 Concise – levels of detail are important
 Educational – value added desirable; change attitudes will change behaviour
 How to get at the public? Recreational groups, public places, tourist attractions,
accommodation
 Clarity – does it make sense? This depends on the type of person
 Measure of success – check other codes
Group 2
 Structure around user groups (different user groups have different effect on wildlife)
 Public as a user group
 Large target audience
 Introduce as component in training and qualifications
Concise and general, yes, but
 Need a detailed action plan
 Different levels of detail available for different groups;
 Different products, different forms of dissemination (leaflets, posters, videos etc)
Educational, yes but
 Value added;
 Desirable/attractive – so people want to do it
 Need to understand how to change attitudes, so that behaviour will follow
Group 3
 For the general public
 Need to offer guidance both to general users of marine environment and specialist groups,
such as kayakers and recreational boaters etc;
 Talks and products to representative groups;
 Information at harbours, beaches, tourist information offices; accommodation; tourist
attractions
Clarity
 Does it actually make sense to user?
 Need to recognise different types of people, needing different approaches
37
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Children, tourists, sports fishermen, experienced kayakers, divers, birders, researchers,
Test it on all different groups
Measures of Success
 Interviews, feedback etc
 Review success of other codes?
 Compliance studies – operators, tourists etc
 No point in re-inventing failure
Group 4
If structured to address user groups:
 Easier to publicise;
 Easier to understand by specific users;
 Can treat different user groups differently, in terms of appropriate levels of information
If structured around species groups:
 Easier to complement existing codes;
 Less repetitive;
 More in interest of species
 Promote better understanding of other users
In practice will need to go through by species an consider how to structure.
Either way information should be easy to access by different users.
Promotion and packaging of information should be targeted at different user groups.
Short, sharp, concise code and general principles.
An opportunity to work with user associations, and to make codes complementary.
Plenary
Question. Could we develop a national code based on general principles plus species guidance
only, and then work with user groups to help develop their own practical and specific user codes,
based where possible on existing user developed codes or minor revisions of those. This would
have the advantage of giving official recognition to existing codes and linking them formally to the
national code. It would also have the advantage of being user driven – and research in Scotland
has shown that industry/user group developed codes are more likely to be complied with.
Response.
 Too wishy washy. Passing the buck.
 They haven’t time or inclination.
 It is easier for the groups if we are a wee bit prescriptive (SCA). Guidance is needed.
 General public need key points and key areas.
More general comments:
 California handbook. Half and inch thick. Used to develop the concise codes.
 Need underlying principles and linked user codes.
 Precise distances do not work, California is changing theirs.
 User group guidance must fit within core principles otherwise user groups codes will clash.
 Are we not creating too many user groups? A kayak is a small boat.
38
11 The nature of disturbance – definitions and guidance.
Do we need to define disturbance? How?
Group 1
 Changes in behaviour
 Immediate risk of injury, or
 Long term consequences on health or survival of the individual or population
We need guidance on what disturbance related changes in behaviour look like – e.g. “startle” or
“alert”, moving away, tightening of a group, dive into water etc
3 levels?
 Startle
 Change behaviour
 Avoid/flee/flush
Group 2,3
 Behaviour which changes because of an activity – noticeable flight or flee;
 Think about avoidance behaviour – what caused it?
 Better to focus on “undue” disturbance – which often comes with repeated activities.
 If an activity causes avoidance or startle behaviour, and it is repeated when it could have
been avoided – that is disturbance
 Should also consider cumulative impacts – many watchers; extended periods of being
watched
 Minor disturbance becomes more significant at sensitive times – breeding, feeding, nursing
etc
 Disturbance is a continuum between obvious harm and unknown or unseen harm or longterm stress
Group 4
Important dimensions of disturbance:
 Frequency
 Behaviour (fight or flight (as a starter))
 Signs of stress/distress
 Seasonality and sensitivity
Implications for the code:
 Need guidance on local management (where relevant)
 Need information on signs of disturbance for different species
 Need to help with recognition (which can then inform behaviour)
 Encourage people to look carefully (observe)
Plenary
Useful to give examples – e.g. if a seal enters the water but then returns to the rock, may assume
that behaviour is no longer disturbing
 Emphasis on behaviour as an indication of disturbance has weaknesses: the signs can be
subtle; once you see the sign the damage is done…If you flush them – because you go too
close – it is already too late. Minimum distance can be seen as more precautionary
39
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“Make an assessment” might be seen as a “cop out” – it is certainly not clear guidance.
12 How prescriptive should we be?
Specific issues – e.g. minimum distance; engine management; speed; feeding; swimming with
animals
Group 1
Feeding
No feeding.
Reasons: mainly associated with habituation:
 Risk of injury for wildlife and humans;
 Wrong food bad for wildlife health
 Encourages dependency – stop normal foraging and teaching young to forage; vulnerable
when feeding ceases
 Possible artificial (and vulnerable) expanding population
Distance
pro minimum distance etc:
 Public need some kind of simple guidance – but it is only guidance
Con
 Fear that if not judged accurately, and encounter fully understood, there may be
consequences for an operator
Therefore guidance only – 50m v. 5m
Distance recommendations don’t count if animal approaches you
At sea
No one judges distance alike. Boat lengths can be useful – but perspective still a problem
Guidance in terms of approach behaviour. Diagram of concentric zones:
 Caution, assessment 1km
 100m – oblique approach; no approach from in front
 50 m minimum approach distance; parallel movement or stationary
Judging appropriate distance by behaviour: stop or back off if animals:
 Move away
 Tighten group
 Stop resting or feeding
 Show aggressive behaviour
On shore (birds, seals, otters)
 Head up response tells you are close enough.
 Stop, or if necessary back off until head goes down
Group 2
 Guidance on minimum distance useful for operators and in specific user codes, but
inappropriate in the “general principles” (use e.g. “keep your distance”)
 Need to think about different situations and degree of habituation
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Words to flesh out the general principles, but not prescriptions
Positive messages
“Recommendations” could encompass distance – but allowing for discretion according to
circumstance
Group 3
Speed:
Two different situations: transit (not intentionally engaging wildlife; travelling to a wildlife
destination; operating like any other vessel); and encounter or travelling with animals. Any
guidance on speed must distinguish these.
 Transit – maintain course and speed
 Encounter: slowdown or maintain speed; slow steady speed
Engine
 Switching an engine off implies switching an engine on again, which may startle wildlife
Distance
Clear guidance on initial approach distances can be offered; but these distances may not be
maintained during the encounter – depending on the animals’ behaviour.
e.g. closer distances may subsequently be initiated by the animals
Group 4
Minimum distance
Not supported – some species approach boats
Rather..
 From the moment you see wildlife start thinking about behaviour – of you and the wildlife.
 Assess the situation.
No feeding (except?)
Swimming
 Act within the code, i.e.
 No chasing/manoeuvring
 Assess wildlife behaviour and the situation
 More guidance for swimmers including safety
Consider agreed conservation programmes. FISH./licenses ???
Plenary (additional to points raised above)
Distance
 Habituation must be taken into consideration when considering minimum distance
 Distance guidance likely to be more useful for general public. I.e.
– behavioural response and assessment approaches for the experienced;
– minimum distances for the general public
 Need some guidance but it is so dependant on the context. More important to assess the
entire situation? Need guidance on how to get close enough
 Seal/pinniped – head up response is enough.
 People need enough guidance to be able to assess the situation properly. Even operators
and researchers find judging behaviour difficult.
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Need for some distance recommendation/guidance to go along with the need for
assessment of behaviour.
Hard to judge distance, except by using one’s own boat length as a guide.
Should be a common sense guide + some kind of distance.
America – operators ended up asking for a distance as general public had no idea. Seals
and birds have fairly clear disturbance behaviour, cetaceans are harder to read.
Note: no real consensus beyond: some guidance useful, but must not be too prescriptive – i.e.
recommendations for general guidance, especially of the public, but lots of caveats.
Engines
Keep it running? Maybe not for porpoises
Feeding
No
Swimming
Depends. Need to behave with care/follow code principles as in a boat.
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13 generic guidance for all users/species – key principles
Some key elements of the core or backbone of the code – the generic principles and guidance for
anyone who watches marine life of any kind
Group 1
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Show respect for wildlife
Give the animals the choice (to interact)
Do not crowd wildlife (be aware of other wildlife watchers)
Be predictable – no sudden changes of speed, direction or sound
Do not break up groups or flocks
It is not recommended to swim with or feed wildlife
Keep noise to a minimum
Be considerate to people who live and work by or on the sea
Do not litter
Note: Useful to have a reason for each principle, and cross reference to any relevant legislation
Group 2
Remember these are wild animals and this is their home.
We are their guests and should act as such.
Show respect to wildlife and other users
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Take extra care around feeding, breeding, nesting, resting, young and family groups. (note:
we need more information about biology and behaviour to offer better guidance)
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Approach wildlife on a parallel course, calmly and quietly (on land and at sea)
Look out for “head up” responses amongst seals and birds, and avoidance responses
(cetaceans).
Stop, or back away until head down behaviour re-established
Keep pets under control
Never touch, feed, chase (applies particularly to public – pets, kids etc)
Don’t surround wildlife – always leave escape routes
Notes: Explain why for each piece of guidance – so that people can make informed and correct decision
(e.g. damages health, exposes young, stressful etc)
Explain difference between “responsible follow” and “chase” i.e. don’t follow if they move away as a result of
your presence.
Group 3
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Let the animal lead
Babies about – be aware of sensitive times
Time to go - limit time of encounter
Go steady – avoid startling
Give space – keep your distance
Give way – don’t pursue
Fast food – no McWay – we don’t need it
Leave no trace
Group 4
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Observed animals remain in control of the situation
Responsibility to observe and assess; ?ignorance is no excuse?
Do nothing suddenly
Have the right equipment (e.g. binoculars)
Take your litter home
No feeding
Be aware of other user groups and observers
Share knowledge
Ensure your vessel is in good working order
Avoid direct approach
Additional relevant material generated in morning sessions
Overarching principles
 These are wild animals
 Show responsible behaviour (you are responsible for your own behaviour whilst watching
wildlife)
 Show respect
 Show you care; take care;
 Keep your distance;
 If an animal approaches you…..
 Never touch or feed wildlife (they are wild; disease risk)
 Take special care when near feeding/breeding wildlife
 If in doubt, back off;
 Be aware – of your actions, and their effects
 Be considerate to other users
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14 guidance for specific user groups and/or species
Kayaks
Participants: John Picken, Ed Ley Wilson; Juliette Shrimpton; Tim Dawson;
Sea Sense See Life (See Sense Sea Life?)
Issue: silent approach can cause alarm
Guidance:
 tap hull and/or shuffle feet in presence of seals or cetaceans
 avoid cetaceans that are resting on the surface
Issue: Access and camping on small remote areas (islands, headlands etc)where birds may be
nesting and eggs/chicks hard to see
Guidance:
 Take heed of information about breeding season (more site specific information needed,
which could be published on the web)
 Leave no trace
 Make fires in the inter-tidal zone where possible; otherwise cut and replace turf
 Be observant and take account of wildlife when choosing a camping site, especially
possible nesting birds
Issue
Very easy to approach very close to cliff nesting birds and cause disturbance
Easy to damage/disturb intertidal and benthic sea life
Guidance?
 Training course; emphasise kayak privilege
 (Be aware and sensitive; use binoculars?)
Diving
Participants: Bill Ruck; George Brown; Neil MacInnes; Katie Gilham
Need to link in with parts of code that deal with boats and boat operators – these are the most
important issues
Draw on BSAC safe diving practices + MCS underwater photographers code
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Not cornering seals
Leave observed animals in control of the situation
Anchorages – depends on frequency in area
Make contact with local divers
Respect local no-take zones/sensitive areas/locally established agreements
List of species with legal protection might be helpful, but don’t think many issues to address
Whale and dolphin watching
June Gerrard; Ian Birks; Tony Archer; Deborah Benham; Kevin Robinson; James Williamson
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Use DEFRA guidelines (derived from seawatch code), but make them more concise and
more user friendly
Add: whales can be dangerous to small boats
45
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Refer to the existence of legislation (in small print)
Guidance on use of echo sounder
Seals, otters and seabirds
Willie Fraser; Michael Tetley; Nick Davies; Ashleigh Tooth
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Minimise disturbance at sensitive times (e.g. breeding, moulting)
Minimise time spent at breeding, nesting, haul-out and roosting sites
Keep pets under control
Be predictable
Avoid the warning signs – “head-up” and “alarm calls”
Be cautious at cliff breeding sites;
Respect what you watch and where you are
Specific guidance for different habitat type – e.g. sand dunes; shingle; sand beach;
machair; cliff tops
Add links to legislation and other codes
Tourists
Caroline Warburton; Barry Davies; Laura Bateson; Mary Gibson
Need strap line + logo + brief code of conduct to add to other leaflets and publicity
Promote particular species and how to view them
Provide a general pen-picture of marine wildlife in Scotland + pictures
Provide general principles: wildlife; Take care; be responsible
Use general guiding principles (see above) but make relevant to the general tourist
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Be aware, don’t scare – some species are very sensitive at certain times of the year
Observe, don’t disturb
Don’t feed, don’t touch
Leave no trace – take litter home
Where to go? Ask those who know. Check out your local operators
Check out the other codes
46
15 Miscellaneous points raised in plenary and group discussions
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Wildlife watching is not a big deal – there are other far more serious and significant impacts
on marine wildlife (general shipping; fishing; fish farming etc)
We need mechanisms to address cumulative impact – licensing, time limits, boat number
limits
Don’t get too detailed – this can be picked up by special interest and user groups, or local
interests where it will be possible to offer more detailed and practical guidance
Engage users and user representative groups in promotion
Draw on experience with green Cross code; countryside code; access code
Problem – most members of the public cannot tell a minke from a dolphin
Need to emphasise the positive – do’s not don’ts
No wake speed is a problematic term (esp. for ribs)
Safety must override any other concern
Fixed routes – as in Dolphin space programme - get round many of the very difficult and
subjective issues
Birds on nests may stay fast when very stressed; minimum distance may be appropriate
here – but in other circumstances they may be habituated and not stressed. In which case
broad guidance only.
47
16 Snappy phrases for promotion and awareness raising
Leave nothing; take nothing
Sea sense; See life
Sense of porpoise
Cool to care
Think wild, don’t be wild
Leave nothing but your wake/bubbles
Watch how you watch (from DSP)
Kill your pace; give them space
Wildlife rescue
Other promotional tools:
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Acronym bar
Logo/image
Graphics and cartoons
Package for user groups
Package for the web
Don’t forget the creepy crawlies
48
Annex 5: Proposed structure for the code
The workshops have generated a good degree of consensus on how the code should look and
how it should relate to other codes. A critical outstanding issue has related to the degree of
prescription in the code, with universal agreement that the code should be simple, but offer clear
guidance. Minimum distance is one example of clear and simple guidance, but which many
stakeholders (including some scientists) were very wary of. The world is not so simple!
Our proposed solution to this is based on the following considerations:
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We need a very simple universal “core” code that can be widely disseminated.
We need more specific codes relating to particular kinds of activities. Most of these already
exist in one form or another. We should build on them, adapt them as required - in close
collaboration with user groups - to ensure that they are consistent with each other and with
the general code. But the user group must retain “ownership”. Where there is broad
agreement amongst users, detailed prescriptions, such as minimum distance may be
introduced.
We need more detailed and practical guidance relating to particular species or species
groups. This will probably include relatively prescriptive guidance, but it will be set in
context, with the appropriate caveats relating to a more thorough understanding of animal
behaviour.
The Scottish Marine Wildlife Watching Code – suggested structure
Introduction
This is the basic introduction and rationale, and will be similar in style and content to some of the
materials we have already produced. One to two pages in length
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Scottish marine wildlife – why it’s special
What do we mean by “watching”
Why a code?
What do we mean by “disturbance”
The law: how it relates to the species you might watch and to the code itself
The general code – for everyone and for all kinds of marine animal
This is what will be widely publicised (like the country code) and will be promoted on sheets and posters
all over the place. It will be printable, large font, on one or two sides of A4.
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Key principles
Basic guidance
Acting responsibly
Guidance section. Our marine wildlife: what we have and how to watch
it
A section offering more detailed guidance on watching particular species groups. This will include basic
information on where to look, life history, how the animals behave (especially signs of fear, stress,
avoidance etc), sensitive times or places, links/references to more detailed resources (e.g. cetacean
atlas, CDs etc). It will offer practical guidance on how to watch each group with minimal disturbance.
This section will effectively get round the dilemma of prescription. Minimum distance recommendation
49
for example, or alternative engine management strategies will be given and explained in context, and in
more detail than would be possible in a simple “code”.
We anticipate roughly two to three pages on each species group (including normal print and
pictures/diagrams)
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Whales, dolphins, porpoises and basking sharks
Seals
Otters
Seabirds
Shore-life
Turtles
User codes
These will be concise, practical codes aimed at particular target groups, including (at least) those listed
below. These will be based largely on existing codes, refined and developed with the user groups to ensure
compatibility with each other and with the general code. Ideally SNH will help support the re-publication of
refined and “approved” (logo) user codes at the same time as the launch of the Scottish code. This process
will ensure ownership of the user codes – which research has shown to be an essential ingredient of
compliance. It is also only fair as compensation for making the status of their old code equivocal!
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On the beach, on the shore – a code for visitors on foot
Yachts, windsurfers and kayaks
Motor boats and jet skis
Divers and swimmers
Researchers
Note that we propose no distinction between commercial operators and leisure boat users.
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THE GENERAL CODE
(needs a better name!)
FOR EVERYONE AND FOR ALL KINDS OF MARINE ANIMAL
This is a first very rough assembly of some of the materials from the workshop and will be
rationalised, refined and given consistent style. But it gives a flavour of the “pitch” or level of detail.
Key principles:
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Be responsible; show respect
Be aware, be observant, be sensitive, be patient
Give wildlife the choice: let them be in control
Give them space and time
Keep our environment clean for them
Basic guidance
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Go steady – be predictable - avoid startling
Keep your distance – use binoculars
Give way – don’t chase – and make sure they can leave with ease
Time to go - limit your time with them
Young ones about – be aware of sensitive times
Don’t feed: their natural diet is best
Don’t touch: you may startle them; you may get hurt
Leave no trace – don’t litter
Keep pets under control
If you use boats, swim, or dive: follow the appropriate code
Behaving responsibly
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Assess before you approach:
o What are the animals doing?
o Are there young about?
o Is there anyone else watching?
o Are birds sitting on eggs?
o Decide how to minimise your impact
Be predictable – no sudden changes of speed, direction or sound
Do not join a crowd of watchers or encircle the animals
Do not approach directly
Approach calmly and quietly
Look out for “head up” responses amongst seals and birds, and avoidance responses in the
case of whales, dolphins and porpoises.
Stop, or back away until they return to doing what they were doing before you got too close
Do not break up groups or flocks
Respect commercial boat operators and don’t question their decision to stay at a distance
or back off
Be considerate to people who live and work by or on the sea
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