a.    Extent of the activity

Research into the bottlenose dolphins has occurred within and adjacent to the SAC for many years. Levels have generally been low, and even during the early 1990’s when interest in cetaceans in the bay was raised, surveys were conducted relatively infrequently (a few days per month for part of the year). Whilst most studies are entirely passive, some require the ability to be in close proximity to the dolphins.Research has taken a variety of forms, including acoustic studies, visual observations and photography, both on land and at sea. Research and monitoring of the bottlenose dolphins is likely to increase within the SAC as a result of its recent cSAC status. Indeed, research and monitoring of other cetacean species within Cardigan Bay also has the potential to increase, as recent studies of harbour porpoise and risso’s dolphin show.

b.    Mechanism for effect on the feature

Positive

i.   Improved management
Monitoring of the bottlenose dolphins is a vital part of the Cardigan Bay cSAC management scheme and is essential in enabling effective and correct management of the site. Targeted research will provide site managers with answers to specific management questions facilitating effective and correct management of the site.

ii.  Improved awareness
Increased interpretative products from scientific studies will raise public awareness and knowledge 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.

Negative

iii.  Disturbance
Many forms of research and monitoring requires the use of boats to gain close access to the dolphins. This can increase levels of noise and harassment. See ‘Disturbance’, Page 55. Increased awareness (see above) may result in an increase in recreational activities in areas of dolphin activity and increased demand for commercial ‘dolphin watching’ boat trips.

iv.  Collision
Use of boats close to dolphins may result in collision with a dolphin and resulting injury or death. See ‘Collisions’, page 56.

v.  Injury
Some scientific studies require the removal of tissue samples or affixing tags or electronic devices to the dolphins. Minor injury to the individuals concerned may result from some of these activities. On the basis of a series of reports the International Whaling Commission (IWC) concluded that biopsy sampling of individual cetaceans was not likely to produce any long-term deleterious effects. However, it was recommended that biopsy studies should be combined with ongoing photoidentification investigations to effectively monitor potential ‘longitudinal effects’ on known individuals.

c.    Management Response

i.   Rationale

Research and monitoring are an essential part of any management scheme. Increased public awareness of the requirements of the bottlenose dolphins through the media and interpretative literature are also important. However, field operations, both amateur and professional, have the potential to be detrimental to the bottlenose dolphins if not managed appropriately.

These activities are likely to increase as interest in the site develops and as field monitoring and research for 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 to our knowledge with minimal impact on the dolphins.Under Regulation 39 of the 1994 Conservation Regulations, it is an offence “deliberately to disturb” a European protected species (which includes bottlenose dolphins).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. 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.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 research, or photography and filming, 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 research and commercial filming/photography activities.

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.