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5.3.11 Commercial filming and photography

a.    Extent of the activity

cSAC status has already attracted increased media attention on the site, and future proposals for filming and photography of the dolphins are likely.

b.         Mechanism for effect on the feature

Positive

i.   Improved awareness

Increased media coverage, publicity and interpretative literature will raise public awareness of the bottlenose dolphins and their requirements. This may result in reduced impacts from recreational activities, increased voluntary initiatives and increased levels of finance for site management. However, increased awareness may also result in an increase in recreational activities in areas of dolphin activity and increased demand for commercial ‘dolphin watching’ boat trips.

Negative

ii.  Disturbance

Most filming and photography requires use of boats to gain close access to the dolphins. This can increase levels of noise and harassment. See ‘Disturbance’.

iii.  Collision

Use of boats close to dolphins may result in collision with a dolphin and resulting injury or death. See ‘Collisions’.

c.    Management Response

i.   Rationale

The means of regulation of this type of activity are uncertain and open to differing legal interpretation. Commercial filming and photography of marine wildlife, either in or outside SACs, is not regulated or managed under specific legislation. However, under Regulation 39 of the 1994 Conservation Regulations, it is an offence “deliberately to disturb” a European protected species (which includes bottlenose dolphins). But it is open to legal question whether many filming or photography activities would constitute disturbance, let alone deliberate disturbance, of the Cardigan Bay cSAC bottlenose dolphins, and therefore open to question whether a court would consider these activities to be proscribed. Clearly much would depend on the specific nature of the activities undertaken.

Under Regulation 44 of the Conservation Regulations, licences may be granted (by CCW) for various purposes, including “scientific or educational purposes”, where CCW is satisfied that the action thus authorised will not be detrimental to the dolphin population. It is not known whether filming and photography could be said to constitute scientific or educational purposes, but arguably by being for “commercial” purposes, they could not be considered scientific or educational.

Responsibility for enforcing this legislation lies largely with the police and criminal courts. For obvious reasons - the ambiguity in the legislation, and the fact that these activities occur at sea - enforcement of this legislation would be very difficult.

Increased public awareness of the requirements of the bottlenose dolphins through the media and interpretative literature are important. However, field operations, both amateur and professional, have the potential to be detrimental to the bottlenose dolphins if not managed appropriately. Whilst these activities are currently only occurring at a low level of intensity they are likely to increase as interest in the site develops. They also act in a similar way and therefore cumulatively with scientific monitoring and research which may also increase as the SAC management gets properly underway.

The key issues are the intensity and duration of interaction with the dolphins and the exact manner in which each interaction is conducted. These characteristics need to be carefully managed to ensure maximum benefit but with minimal impact on the dolphins.

While certain types of damaging activity are prohibited (unless a licence is obtained from CCW), there are many types of photography, filming or research which are essentially unregulated. A potential means of monitoring and managing these activities is to initiate and maintain an advisory and approvals system under which all persons wishing to undertake research, boat based photography or filming to seek the advice of CCW on whether a licence is required, and whether a licence can indeed be issued and under what conditions the activity should be carried out. This would provide a means of:

  • where possible and appropriate, CCW issuing a licence and attaching conditions to it;

  • where a licence cannot be issued, CCW advising on the conditions which should be adhered to if the activity is to be pursued;

  • where appropriate, CCW advising against carrying out the activity

  • monitoring the levels of such activities, and modifying the advice given if required.

A list of applicants and a summary of their work could be maintained and made available on request (subject to confidentiality requirements) to improve cooperation between projects and reduce duplication of effort.

The above approach would benefit from the development of an agreed Code of Practice, for example developed jointly by CCW and independent dolphin conservationists and researchers, which can provide the basis for both licence conditions and project-specific guidance.

This advisory and approvals system could cover both commercial filming and research activities.

It is important that any public material about the bottlenose dolphins provides information which engenders a responsible public attitude towards them. The benefits of increased awareness through use of film and photographic media could be overbalanced by detrimental pressures if public information merely increases interest and encourages exploitation.

ii.  Type of Response

F4 : There is a known mechanism for the activity to have an effect, but insufficient evidence at present to determine whether or not it is having a significant adverse effect.

iii.  Actions including links to other policies/plans/measures

  • Initiate and maintain an advisory and approvals system for all bottlenose dolphin research, photography and filming projects within Cardigan Bay. Each project will be required to seek advice and approval prior to initiating field work. Approval will require compliance with an approved code of practice and any project specific guidance issued. In addition, any project may require the issuing of a license under the Wildlife And Countryside Act (1981) (as amended) and The Conservation (Natural Habitats, &c.) Regulations 1994. Records of all such projects will be maintained and made available on request subject to confidentiality requirements.

  • Continue to enforce the Wildlife and Countryside Act and Habitats Regulations in relation to the protection of bottlenose dolphins from deliberate harm or disturbance.

  • Ensure, as far as possible, that the production of all media about dolphins includes as one of its aims the development of a responsible public attitude towards the dolphins.

  • Seek clarification of the legislation, particularly with regard to the concepts of ‘disturbance’ and ‘deliberate’ and the purposes for which licences can be issued.

  • Continue to seek improvements to species protection legislation, in particular to Part I of the Wildlife & Countryside Act and Regulation 39 of the Habitats Regulations. Under current legislation, it is not an offence to harm or disturb a bottlenose dolphin unintentionally. Thus there are some potentially harmful activities (such as direct human‑dolphin contact, high speed vessels approaching dolphins) which would not be offences under this legislation, since it would in most cases be very difficult to demonstrate that any resultant harm was deliberate, and of course in most cases it would not be deliberate.