Marine Mammals Thematic Assessment

Responses and measures taken by OSPAR to protect marine mammals

• OSPAR has identified four marine mammal species of particular concern within the OSPAR Maritime Area and has adopted Recommendations for actions to be taken at the national level and collectively to address threats to these species.
• Marine Protected Areas (MPAs) are an important response for the protection of marine mammals, but there are still gaps in the OSPAR MPA network. There are opportunities for future development of the network, including in management effectiveness.
• There are also several measures under way to regulate the key activities and pressures affecting marine mammals.
• The development of the Noise Action Plan and the new Marine Litter Regional Action Plan (RAP ML 2) is positive for marine mammals.

Cooperation with other competent authorities, including the Agreement on the Conservation of Small Cetaceans of the Baltic, the North-East Atlantic, Irish and North Seas (ASCOBANS), the North Atlantic Marine Mammal Commission (NAMMCO), the International Whaling Commission (IWC), the Conservation of the Arctic Flora and Fauna (CAFF) Working Group of the Arctic Council and relevant fisheries management organisations is crucial to ensuring that cumulative responses result in an improved state for marine mammals.

The section development has been supported by the collation of relevant measures

Section overview

This section describes the responses to minimise the effect of human activities, their resulting pressures or impacts on ecosystem services, and which aim to improve the state of marine mammals in the North-East Atlantic. These responses can include the development of policy, legislation and measures to manage or regulate specific human activities or to mitigate impacts on ecosystem services.

The primary focus is on responses that have been adopted by the OSPAR Commission for implementing the Contracting Parties’ commitments under the OSPAR Convention and the strategic objectives of the North-East Atlantic Environment Strategy (NEAES) 2030. Article 22 of the OSPAR Convention requires that the Contracting Parties report to the OSPAR Commission at regular intervals on the steps they have taken to implement OSPAR Decisions and Recommendations, the effectiveness of the measures and the problems encountered in the implementation.  This section aims to describe the progress made in implementing these measures and whether they are working in terms of achieving the ambitions set out in the NEAES 2030. The section attempts to set OSPAR’s responses in the wider policy context and looks at responses by other competent organisations, where these are pertinent to addressing marine mammals in the context of the North-East Atlantic. The section considers the diversity of marine mammals that are resident in or frequent the OSPAR Maritime Area. A subset of these species is represented in the indicator assessments, and four species have been nominated by OSPAR Contracting Parties as being of particular concern and so listed as threatened and/or declining species. OSPAR’s responses focus on these listed species.

There are several entry points in NEAES 2030 for future action relating to marine mammals, in particular:

Strategic Objective 5: Protect and conserve marine biodiversity, ecosystems and their services to achieve good status of species and habitats, and thereby maintain and strengthen ecosystem resilience.

S5.O1: By 2030, OSPAR will further develop its network of Marine Protected Areas (MPAs) and Other Effective area-based Conservation Measures (OECMs)  to cover at least 30% of the OSPAR Maritime Area to ensure it is representative, ecologically coherent and effectively managed to achieve its conservation objectives.

S5.O2: By 2022, OSPAR will identify barriers to the effective management of MPAs, and by 2024 take steps to address them appropriately to enable all OSPAR MPAs to achieve their conservation objectives.

S5.O3: By 2024, OSPAR will establish a mechanism to provide that where Contracting Parties are authorising human activities under their jurisdiction or control that may conflict with the conservation objectives of OSPAR MPAs in the Area Beyond National Jurisdiction (ABNJ), these activities are subjected to an Environmental Impact Assessment (EIA) or Strategic Environmental Assessment (SEA).

S5.O4: By 2025 at the latest, OSPAR will take appropriate actions to prevent or reduce pressures to enable the recovery of marine species and benthic and pelagic habitats in order to reach and maintain good environmental status as reflected in relevant OSPAR status assessments, with action by 2023 to halt the decline of marine birds.

S5.O5: By 2025, OSPAR will have implemented all agreed measures to enable the recovery of OSPAR Listed threatened and/or declining species and habitats and will take additional measures as needed. 

Strategic Objective 7: Ensure that uses of the marine environment are sustainable, through the integrated management of current and emerging human activities, including addressing their cumulative impacts.

S7.O6: OSPAR will work with relevant competent authorities and other stakeholders to minimise, and where possible eliminate, incidental by-catch of marine mammals, birds, turtles and fish so that it does not represent a threat to the protection and conservation of these species and will work towards strengthening the evidence base concerning incidental by-catch by 2025. 

There are a number of linkages to other thematic assessments, including:

The reader is referred to the following feeder reports for additional information on some of the key human activities affecting marine mammals:

Measures adopted by OSPAR

This section focuses on measures that have been adopted by OSPAR and draw on efforts to protect and conserve marine mammals of particular concern, on the establishment of an ecologically coherent and well managed network of MPAs, as well as on specific measures that OSPAR has adopted to address human activities and pressures and improve the conservation status of these species.

The implementation status of all OSPAR Measures was reported in 2021.

Addressing marine mammal species in decline and under threat

OSPAR Contracting Parties have identified four marine mammal species that are of particular concern in the North-East Atlantic and included in the OSPAR List of Threatened and/or Declining Species and Habitats (OSPAR Agreement 2008-06) (the OSPAR List): the bowhead whale (Balaena mysticetus), the blue whale (Balaenoptera musculus), the northern right whale (Eubalaena glacialis) and the harbour porpoise (Phocoena phocoena). The OSPAR List, which was first adopted in 2003 and updated in 2008 and 2021, guides the OSPAR Commission in setting priorities for its further work to conserve and protect marine biodiversity in implementing Annex V of the OSPAR Convention. Recommendations for actions to protect and conserve these marine mammal species were adopted by OSPAR between 2011 and 2014.

The purpose of these Recommendations is to reach agreement on actions to be taken nationally and collectively to strengthen the protection of the listed marine mammal species, recover their status and ensure that they are effectively conserved in the OSPAR maritime area. A ‘Common Understanding’ of the Recommendations was adopted in 2013 (OSPAR Agreement 2013-13). The Recommendations are broad in nature, addressing a range of human activities and pressures. Actions to be taken nationally include steps to ensure appropriate national legislation for the protection of the four marine mammal species, consideration of how to strengthen the knowledge base, monitoring and assessment, steps to manage key human activities, a call for the designation of MPAs and awareness raising. Collective actions include coordination of monitoring and assessment, enhancing knowledge exchange, collaboration and maintaining cooperation with relevant competent organisations in addressing key pressures (such as fishing and shipping), and research. 

The most recent implementation reporting took place in 2019, with the next reporting due in 2025. A detailed overview of the scope and range of actions implemented in this reporting round can be found in the implementation status of all OSPAR Measures. The level of implementation of the Recommendations varies considerably. The harbour porpoise has been considered separately from the other cetacean species.

Progress in implementing the Recommendations

The northern right whale used to have a North-East Atlantic distribution but is now almost exclusively found in the north-west around the United States and Canada with an estimated remaining population of less than 500 animals (Frasier et al., 2022; Pettis et al., 2022). The blue whale is more commonly recorded in the OSPAR Region although data are limited due to its predominantly offshore distribution. The emphasis in implementation has been placed on collective action, with some national activities implemented where relevant. Only a very limited number of countries reported implementation through legislative and administrative action. National legislation or actions have been implemented to protect the blue whale and the northern right whale, by Denmark in respect of Greenland, by France and by the United Kingdom, and by Norway for the bowhead whale (N.B. this species only occurs in Arctic Waters).  Research, survey or observation activities were reported more widely for the three whale species as part of a broader, not species-specific, cetacean monitoring programme.

The harbour porpoise has a much wider geographic distribution and, according to the OSPAR List (OSPAR Agreement 2008-06), is considered to be under threat and in decline in the Greater North Sea (Region II) and Celtic Seas (Region III). Implementation of the Recommendations was reported by nine Contracting Parties, namely all those where this species is considered to be under threat and in decline, and by other countries where the species occurs. Contracting Parties that are EU Member States are required to strictly protect the harbour porpoise and designate Special Areas of Conservation (SACs) under the EU Habitats Directive (Council Directive 92/43/EEC). Five of the Contracting Parties– Denmark, Ireland, the Netherlands, Sweden and the United Kingdom – have reported their adoption of national conservation plans either specifically for the harbour porpoise or including this species. While all the reporting Contracting Parties described monitoring activities as part of their implementation of the Recommendation for harbour porpoise, there were differences in the approaches taken, with some Contracting Parties citing their participation in the Small Cetaceans in European Atlantic waters and the North Sea (SCANS) cetacean assessments, and others acting via national monitoring or both. It would be helpful to better understand the compatibility and comparability of the different surveys to know if and how these can better contribute to the regional knowledge base. A number of Contracting Parties also have processes in place to address strandings and undertake post-mortem examinations. A review and cross-country comparison of stranding networks and their activities has been published by the International Council for the Exploration of the Sea (ICES, 2021a).

Awareness-raising activities targeting relevant sectors and the general public are being developed and implemented widely by reporting Contracting Parties in support of the listed species. Some examples of information campaigns/ citizens’ science initiatives reported by Contracting Parties are given below:

• The UK Cetacean Strandings Investigation Programme and Scottish Marine Animals Stranding Scheme engages through the web, social media, mobile apps, publications and campaigns to improve reporting and recording of stranded animals around the United Kingdom. 
• The ‘Rude to Intrude' campaign aims to reduce disturbance of whales and dolphins. 
• The www.marinemammals.be website is the result of a long collaboration between the Royal Belgian Institute of Natural Sciences (RBINS) and the University of Liège on marine mammals. The website provides information and data on species, sightings and strandings, as well as guidance on what people should do if they encounter a stranded marine mammal.  
• The Irish Whale and Dolphin Group runs extensive public information campaigns on small cetaceans in Irish waters, including on the harbour porpoise.
• Marine Mammals science education is an EU-funded project to further increase young people’s interest in natural science and to prevent shortage of specialists in science, technology, engineering and mathematics (STEM).

As previously noted, the rarity of the large whale species provides a particular challenge to implementation of the Recommendations; however, Ireland reported that recent survey work to understand the blue whale has highlighted new information regarding the frequency and timing of blue whale occurrence in its maritime area, linked to the annual life cycle and also to potential foraging habitats during the migration phase. 

The work of other competent international organisations and collaboration with them are relevant to the implementation of collective actions and required for the successful protection and conservation of marine mammal species. Specifically for the harbour porpoise, this includes ASCOBANS, the Trilateral Cooperation on the Protection of the Wadden Sea, and the work undertaken through relevant ICES (International Council for the Exploration of the Sea) working groups, which links to the collective actions.

Are these measures working?

Status assessments show the blue whale, bowhead whale, northern right whale and harbour porpoise populations to be in ‘not good’ state, implying that the measures taken to date are not effective.  The current round of reporting has demonstrated the conservation action taken at the national level; however, it has been difficult to objectively assess the level of implementation of many of the actions in the Recommendations, and at this stage it is not possible to assess objectively whether or not these are proving to be effective.

The adoption of a Roadmap for the implementation of collective actions within the Recommendations for the protection and conservation of OSPAR listed Species and Habitats (2017-2025) (The Roadmap) has supported the implementation of collaborative efforts across thematic boundaries within OSPAR as well as informing or supporting actions implemented at the national level. However, it is not yet possible to report on the impact or effectiveness of the collective actions.

To improve our understanding of a measure’s effectiveness, we need to be able to track how a response measure is reducing the human activity or pressure of concern, and whether this in turn results in an improvement in the status of the species in question. Progress has been made in understanding the linkages between activities, pressures and status, but there remain a number of challenges which limit our ability to determine whether or not the measures are effective: there is a need for more spatial data – which has large gaps, especially beyond the coastal zone; the Recommendations addresses many actions – some specific, others more general, making it difficult to determine linkages and causality between action and effect of the individual actions and where more effort could have the biggest effect; and finally there is a need to take into account the time lag between taking an action and seeing if it is having the desired effect. This time lag depends on a number of factors, including some specific to each species’ life history.

Considering listed marine mammal species within Environmental Impact Assessment

Consideration of the approval of marine licences for certain activities and projects requires some kind of environmental impact assessment (EIA), in order to screen potential impacts and enforce conditions which reduce impacts on species, including marine mammals.  In 2010, OSPAR adopted Recommendation 2010/05, with the aim of ensuring that the features of the OSPAR List are specifically taken into consideration when (EIAs) of human activities are being prepared.

The most recent reporting on the implementation of Recommendation 2010/05 took place in 2020. Contracting Parties that are also EU Member States reported that they carry out this Recommendation through the national legislation adopted to implement EU’s Environmental Impact Assessment (EIA) Directive (Council Directive 2011/92/EU as amended by 2014/52/EU), and Strategic Environmental Assessment (SEA) Directive (Council Directive 2001/42/EC). Some Contracting Parties also point to other relevant legislation that complements their EIA and SEA obligations. Examples are the EC Habitats Directive (Council Directive 92/43/EEC) including the Natura 2000 network, the Habitats Directive assessments which are required for any plan or project likely to have an effect on a protected site, and the EU Marine Strategy Framework Directive (Council Directive 2008/56/EC). As another example, the German Federal Nature Conservation Act 2017 gives special protection to ensure that harbour porpoises (also an OSPAR listed species) are taken into account during habitat regulation assessments (HRA) of the German North Sea.

Is the measure working?

Overall, the approach of using EIA and SEA legislation is an important mechanism for promoting the protection of OSPAR-listed threatened and/or declining species and habitats. The fact that the OSPAR List (OSPAR Agreement 2008-06) and Recommendation 2010/05 are non-binding can mean that the effectiveness of implementation is dependent on overlaps with national practice. 

Current reporting on the application of Recommendation 2010/05 focuses on the extent to which species and habitats in the OSPAR List (OSPAR Agreement 2008-06) are expressly included within the scope of EIAs/SEAs. It is not possible to determine whether those assessments have resulted in effective mitigation measures or otherwise resulted in the reduction of impacts, and this could be a useful area for further good practice sharing. Lack of knowledge about the distribution and status of habitats has been identified as a practical barrier. 

Within the NEAES 2030, OSPAR will establish a mechanism by 2024 to provide that, where Contracting Parties are authorising human activities under their jurisdiction or control that may conflict with the conservation objectives of OSPAR MPAs in the Area Beyond National Jurisdiction (ABNJ), these activities are subjected to an EIA or SEA (Operational Objective S5.O3).

The OSPAR network of Marine Protected Areas

Within OSPAR, MPAs are understood as areas for which protective, conservation, restorative or precautionary measures have been instituted for the purpose of protecting and conserving species, habitats, ecosystems or ecological processes of the marine environment (as defined in OSPAR Recommendation 2003/3 implementing Annex V of the OSPAR Convention). In 2003, OSPAR adopted a Recommendation to establish an ecologically coherent and well managed network of MPAs, which was then amended in 2010. By 1 October 2021, the OSPAR network of MPAs numbered 583, including eight that have been collectively designated in the ABNJ. The MPA network has a total surface area of 1 468 053 km², covering 10,8% of the OSPAR Maritime Area and thus achieving the spatial coverage component of Aichi Biodiversity target 11 of the United Nations Convention on Biological Diversity (CBD) and Sustainable Development Goal 14, target 14.5, to conserve at least 10 per cent of coastal and marine areas by 2020.

MPAs as a response for the conservation of marine mammals

Provided that effective measures are in place inside an MPA, it can play an important role as part of a wider suite of management measures in the protection and conservation of marine mammal species with geographically distinct life history characteristics, such as the areas important for feeding, breeding and hauling out. Marine mammal species can be highly mobile and use large areas that span multiple jurisdictions, including the open seas beyond national jurisdiction. MPAs could improve the conservation status of marine mammals in these critical locations by reducing or removing the pressures from human activities that may cause disturbance, reduce prey abundance or result in incidental by-catch. MPAs have been found to be particularly promising where an ecosystem-based approach is taken to their management and they form part of a broader network, and where the management and monitoring of the network explicitly considers climate change (Hoyt, 2021). 

The OSPAR Recommendations for the conservation and protection of the four marine mammal species that have been listed by OSPAR include an action to consider whether there are sites that justify selection as MPAs for the protection of populations of these species. The 2019 implementation reporting against these Recommendations identified that, in the case of the harbour porpoise, seven Contracting Parties have designated MPAs for the protection of this species: Denmark, France, Germany, Ireland, the Netherlands, Sweden and the United Kingdom. Belgium reported that evidence indicated that there were no suitable sites for the protection of the harbour porpoise within its waters, and thus that no MPAs had been designated for this species.

For wide-ranging marine mammal species that use habitats over vast areas, including outside of national jurisdiction, protection on the high seas is critical (Hooker et al., 2011). Within the OSPAR MPA network, eight have been collectively designated in ABNJs. Blue whales were identified as a species of concern in four of these MPAs: Milne Seamount Complex, Charlie-Gibbs South, Charlie-Gibbs North High Seas and the North Atlantic Current and Evlanov Sea basin. Other cetaceans have been identified as being of concern in all eight of the OSPAR MPAs in ABNJs.

The ecological coherence of the OSPAR MPA network for OSPAR listed marine mammals

One of the criteria for understanding whether the MPA network can be considered ecologically coherent involves how well represented the OSPAR listed marine mammal species are within the network (representativity) and how many MPAs these species occur in (replication). This can help identify where the network may need to be further strengthened.

The ‘one out all out’ principle applies, so if there is either insufficient representativity or replication within the network for one region where the species is under threat and/or decline, then the criterion for ecological coherence is not met. Of the four species of marine mammals listed as threatened and/or declining, the harbour porpoise and bowhead whale are considered to be adequately represented and replicated by the OSPAR MPA network. Further consideration is required across all OSPAR Regions except for the Wider Atlantic (Region V) where the protection of mammals is considered to be adequate. It was outside of the scope of the OSPAR MPA status assessment to consider the ecological coherence of marine mammal species not on the OSPAR List. See Table R.2.

Table R.2: Overview of the ecological coherence (representation and replication) of listed threatened and declining (T and D) marine mammals within the OSPAR MPA network (Source: Table 2.5 of the 2021 MPA Status Assessment)

Key:

The number indicates MPAs where a species is identified as a conservation objective.

Management status of the OSPAR MPA network

At the 2010 OSPAR Ministerial Meeting in Bergen, Norway, OSPAR ministers committed to ensuring that the OSPAR MPA network is well-managed, namely that coherent management measures have been set up and are being implemented to achieve the conservation objectives of the protected features.  While there is no formal agreement on what constitutes ‘well managed’ in terms of an MPA, the following four questions have been posed in order to help understand the progress made in implementation: whether the MPA management has been documented, whether measures to achieve the conservation objectives of the MPA are being implemented, whether monitoring is in place to assess if the measures are working and, finally, whether the MPA is moving towards its intended conservation objectives.

OSPAR has made progress in managing the MPA network. The 2021 status assessment showed that 88% of the MPAs in the OSPAR network have either full or partial management information in place which is publicly documented. The report showed that 83% of the measures considered to be required in order to achieve conservation objectives had been implemented since assessments began in 2016, a rise of 17%. Another area of improvement is the increase in the monitoring to detect progress towards achieving conservation objectives. The assessment showed that 75% of OSPAR MPAs have either full or partial monitoring programmes, albeit these are largely based on the ability to monitor sea users’ compliance with the rules and regulations associated with OSPAR MPAs, as opposed to direct site condition monitoring, which is costly. Nearly half of OSPAR MPAs are thought to be moving towards achieving their conservation objectives. It is important to note that the percentage of OSPAR MPAs achieving or moving towards their conservation objectives has increased over time, from 36% to 44% and 49% in 2016, 2018 and 2021, respectively. Despite improvements in understanding the management status of the MPA network, it is still difficult to determine whether the protected features of the OSPAR MPAs are moving towards their conservation objectives, owing to lack of site-specific information or long-term monitoring programmes, as noted above.

Future OSPAR work should focus on implementing the management measures considered necessary to achieve the conservation objectives of the protected features of MPAs. In parallel, there is a need for long-term monitoring programmes to be established to evaluate the effectiveness of management measures so as to be able to conclude with greater confidence whether the conservation objectives of the protected features of OSPAR MPAs are being achieved. In addition, further progress is needed to improve methods of evaluating whether the OSPAR MPA network is sufficiently well-managed to support a more sophisticated assessment of the OSPAR MPA network’s ability to deliver a genuine conservation benefit to targeted habitats, species and ecological processes, as well as the wider marine environment.   

For OSPAR MPAs in ABNJs, there should be continued effort to further the Collective Arrangement (OSPAR Agreement 2014-09) and to cooperate through other mechanisms such as Memoranda of Understanding with the relevant management authorities and thus enable them to consider appropriate management actions to help deliver the conservation objectives for the OSPAR MPAs in ABNJs.

Is this measure working?

OSPAR is progressing towards key metrics in terms of area-based protection; however, there are still gaps in the geographic coverage of marine mammals, in ecological coherence and in understanding whether or not management is effective. Within the North-East Atlantic Environment Strategy (NEAES) 2030, Contracting Parties have committed to further develop the OSPAR network of MPAs and other effective area-based conservation measures (OECMs) by 2030 so as to cover at least 30% of the OSPAR Maritime Area and ensure that it is representative, ecologically coherent and effectively managed to achieve its conservation objectives (NEAES 2030 Operational Objective S5.O1). This ambition is in line with the global target under negotiation within the Convention on Biological Diversity. 

The OSPAR mandate is restricted when it comes to the management of certain human activities. Effective implementation relies on action by the Contracting Parties in areas within their national jurisdiction, and with other competent organisations in areas beyond their national jurisdiction. However, the common ambition of a regionally coherent network is important and brings useful attention to the protection of threatened and /or declining species. Within NEAES 2030, OSPAR has committed to establishing a mechanism by 2024 which will provide that, when Contracting Parties are authorising human activities under their jurisdiction or control that may conflict with the conservation objectives of OSPAR MPAs in the ABNJ, those activities are subjected to an EIA or SEA.

The requirement for regular reporting provides a valuable mechanism for tracking progress and accountability. There is, however, a need to continue improving the availability of data relating to the OSPAR MPA network so as to inform those responsible for managing different human activities in the marine environment. This includes information on the features that are protected and the management plans that are in place, and the development necessary to deliver on NEAES 2030 Operational Objective S11.O2. By 2023, and every six years thereafter, OSPAR will conduct a regional-scale assessment of the OSPAR MPA network in respect of the resilience of marine biodiversity to climate change, with the aim of ensuring that the network provides a good representation of species and habitats and that its spatial design and management regime remains relevant.

Understanding the management effectiveness of the MPAs within the network, and of the network itself, remains an important gap to address. By 2022, OSPAR will identify barriers to the effective management of MPAs, and by 2024 take steps to address them appropriately to enable all OSPAR MPAs to achieve their conservation objectives (NEAES 2030 Operational objective S5.O2).

Other OSPAR measures responding to relevant human activities and pressures

Fish and shellfish harvesting (professional, recreational) and Hunting and collecting for other purposes [Extraction of living resources]:
Article 4 of Annex V of the OSPAR Convention states that no programme or measure concerning a question relating to the management of fisheries must be adopted under this Annex. Where the Commission considers that action on such a question is desirable, it must draw that question to the attention of the competent authority or international body. Where action within the competence of the Commission is desirable to complement or support action by those authorities or bodies, the Commission must endeavour to cooperate with them. Where there are “questions relating to the management of fisheries” at the national level, they will be considered within the context of the Contracting Parties’ different legislation and management regimes (OSPAR Agreement 2013-13). For the avoidance of doubt, in the context of the OSPAR Convention, the management of fisheries includes the management of marine mammals.

The “Collective Arrangement between competent international organisations on cooperation and coordination regarding selected areas in areas beyond national jurisdiction in the North-East Atlantic” (Collective Arrangement, OSPAR Agreement 2014-09) is a formal agreement between legally competent authorities with responsibility for managing human activities in ABNJs in the North-East Atlantic. It has successfully provided a framework for productive dialogue not only between OSPAR and the North-East Atlantic Fisheries Commission (NEAFC), but also for other relevant competent organisations. In 2017, a joint commitment was submitted under target 4.c of SDG 14, through which both secretariats committed to further promote the Collective Arrangement and widen its collaborative scope with the secretariats of other intergovernmental organisations and with bodies in other regions and sectors. Under NEAES 2030, OSPAR will work with relevant competent authorities and other stakeholders to minimise, and where possible eliminate, incidental by-catch of marine mammals, birds, turtles and fish so that it does not represent a threat to the protection and conservation of these species, and will work towards strengthening the evidence base concerning incidental by-catch by 2025 (Operational objective S7.O6).

Please refer to Important measures taken by other competent bodies for more information about measures implemented by other competent organisations relevant to OSPAR’s work. See: OSPAR Feeder Report 2021 - Fisheries .

Renewable energy generation (wind, wave and tidal power), including infrastructure, Nuclear energy and, Transmission of electricity and communications (cables) [Production of energy]:
Commitments to increase renewable energy production are leading to the rapid and, in some areas, extensive development of marine renewable infrastructure. There are measures being taken that have relevance for the conservation and protection of marine mammals, including those relating to environmental impact assessment, the EU Directive establishing a framework for maritime spatial planning (Council Directive 2014/89/EU), as well as guidance on taking nature conservation into account in renewable developments. Mitigation measures such as appropriate siting, management of installation procedures, and turbine design are being used to address potential impacts of offshore wind energy.

OSPAR produced guidance on environmental considerations for offshore wind farm development in 2008 (OSPAR Agreement 2008-03). This guidance is intended for approval authorities, to help them identify issues that may be associated with the environmental impacts of development at all stages of operation and decommissioning. It includes minimum criteria for EIAs to apply in order to minimise impacts on marine mammals, including from noise: "Possible effects on marine mammals can be divided into behavioural disturbance (including displacement), masking, and injury either as temporary threshold shift (TTS), permanent threshold shift (PTS), or other injuries such as tissue damage and, in extreme cases, death if the animal is very close to pile-driving activities", and also covers measures to minimise disturbance from construction vessels and equipment, such as the use of timing windows (see also noise below). The guidance refers to other measures relevant to managing impacts from the development of renewable energy infrastructure, including the EU Habitats Directive (Council Directive 92/43/EEC) and the Environmental Impact Assessment (EIA) (Council Directive 2014/52/EU). A 2020 survey of OSPAR Contracting Parties showed that the offshore wind guidance was generally fully implemented or that implementation was in progress, although not all Contracting Parties provided information for the survey. OSPAR also maintains a database on individual marine renewable developments, including tidal, wave and offshore wind. 

For OSPAR Contracting Parties that are also EU Member States, the European Commission’s offshore renewable energy strategy COM(2020)741 refers to the Birds and Habitats Directives with a view to ensuring that developments do not have negative impacts on listed species or habitats and that any potential impacts are reduced or minimised. The EU has developed guidance (Commission notice C (2020)7730) which provides information on the impact of wind farm development on marine mammal (seal and cetacean) species included in Annex II and IV of the Habitats Directive, at different phases of construction and operation, and potential mitigation measures. The guidance highlights the need to consider the potential impacts of noise on marine mammals from offshore wind developments, in particular impulsive noise from pile driving of foundations. These impacts may include physical effects such as damage to hearing, and behavioural effects such as driving animals away from favoured habitats.  Mitigation measures can include appropriate siting of developments, alternative design (floating platforms), scheduling of activities to avoid sensitive periods (although hard to implement for species with long sensitive periods, such as harbour porpoise), engineering and surveillance approaches to reduce the risk of noise impacts, and deterrents. The EU Wildlife Sensitivity Mapping Manual published in 2020 also provides practical guidance on renewable energy planning within the European Union. 

In some OSPAR Contracting Parties, recent developments have seen national laws modified so that the expansion of offshore renewables is treated as a matter of “overriding public interest”, thus enabling these projects to override existing nature conservation laws. At EU level this is also being considered within RePowerEU.

By 2023, OSPAR has agreed to develop common principles, and by 2024 guidance, for promoting and facilitating sustainable development and the scaling-up of offshore renewable energy in such a way that cumulative environmental impacts are minimised (NEAES 2030 Operational Objective S12.O4).

Extraction of oil and gas, including infrastructure [Extraction of non-living resources]:
Oil production activities can affect marine mammal habitats and cause physical loss or degradation of habitat, through noise generated by seismic surveys for oil and gas exploration, vessel traffic associated with services to the platforms, operational noise emitted at the site (see also noise below) and accidental spills during drilling. While this activity is in decline, there are still more than 1 350 operational installations, with an increasing number reaching their end of life in the next two decades. OSPAR is the key international organisation addressing the environmental aspects of offshore oil and gas activities in the North-East Atlantic. OSPAR has adopted a wide range of programmes and measures to reduce pollution from all phases of offshore activities. These include the reduction of oil in produced water, substantial restrictions on the use and discharge of organic-phase drilling fluids, and the banning of dumping or leaving in place disused offshore installations, subject to derogation in certain specified cases. Nearly all offshore operators have followed OSPAR’s promotion of environmental management systems for offshore installations to support the objectives of the 2010-2020 Offshore Oil and Gas Industry Strategy and have adopted comparable schemes. Measures under the 2010-2020 Offshore Oil and Gas Industry Strategy have had a high level of implementation and an assessment of the discharges and spills show that the OSPAR measures have led to decreases in the discharges of both hydrocarbons and the most harmful offshore chemicals, see: Offshore Industry Thematic Assessment

The petroleum-related activities in the Arctic follow strict measures to avoid spills of oil or other pollution of toxic materials and to prevent damage to both marine mammals and other parts of the Arctic ecosystems.

Coastal defence and flood protection, Offshore structures other than oil/gas/renewables and Land claim [Physical restructuring of rivers, coastline or seabed (water management)]:
Dredging and the dumping of waste and other matter have been well regulated since the Oslo Convention came into force in 1974. OSPAR has adopted Guidelines for the management of dredged material at sea (OSPAR Agreement 2014-06) designed to assist Contracting Parties in managing dredged material in ways that will prevent and eliminate pollution in accordance with Annex II to the 1992 OSPAR Convention, and protect marine species and habitats in the OSPAR Maritime Area in accordance with Annex V. The Guidelines set out a Best Environmental Practice approach for minimising both the amount of material dredged and the impacts of dredging and disposal. They include specific information on the appropriate placement of dredged material in relation to the OSPAR List of Threatened and/or Declining Species and Habitats (OSPAR Agreement 2008-06). National authorities use these guidelines to manage dredging and dumping and to minimise effects on the marine environment; they also serve as a tool which Contracting Parties that are also EU Member States can use to manage the dredged material that is subject to current European Directives (such as the Water Framework Directive (Council Directive 2000/60/EC), the Marine Strategy Framework Directive (Council Directive 2008/56/EC), the Natura 2000 areas under the Birds and Habitat Directives (Council Directive 2009/147/EC and Council Directive 92/43/EEC). The Waste Framework Directive (Council Directive 2008/98/EC) has also been identified by Contracting Parties as having implications for the management of dredged material, in addition to relevant national legislation.

Since 2000, the assessment and licensing procedures for dredged materials in most OSPAR countries have included action levels for contaminant loads based on OSPAR guidelines. Since 1998, OSPAR has also had guidelines in place on the dumping of fish waste. The management of dredged materials should respect the natural processes of sediment balance. Selecting the appropriate location for a dumpsite is essential to minimise environmental impact. Several dumpsites have been relocated by applying the OSPAR guidelines. For example, a planned site in the Weser estuary was relocated after a site survey detected a mussel bank. Dumpsites have also been relocated or closed to avoid impacts on MPAs, fisheries and shipping. The ban on dumping vessels or aircraft has been implemented successfully. A report on the use of OSPAR guidelines was presented to its Environmental Impacts of Human Activities (EIHA) Committee in 2020. Returns from Contracting Parties reported that 2014 dredging guidelines were being fully implemented in the majority of the OSPAR Maritime Area (Section 6.46 of OSPAR Feeder Report 2021 - Shipping and Ports ). Under NEAES 2030, OSPAR will assess, review and potentially revise the OSPAR criteria, guidelines and procedures relating to the dumping of wastes or other matter and to the placement of matter by 2023 (Operational Objective S7.O4).

Transport - Shipping and Transport infrastructure [Transport]:
See: Noise
Please refer to Important measures taken by other competent bodies for more information about measures implemented by other competent organisations relevant to OSPAR’s work to address threats from shipping activities, including those relating to prevention of ship strikes. See: OSPAR Feeder Report 2021 - Shipping and Ports

Input of anthropogenic sound (impulsive, continuous) [Substances, litter and energy]:
Underwater Noise Thematic Assessment
Many of the human activities that take place in the OSPAR Maritime Area generate noise that contributes to the general background level of noise in the sea and can have negative impacts on marine mammals. Anthropogenic sound sources are categorised as impulsive or continuous (ambient). Impulsive sound sources include percussive pile-driving for inshore and offshore construction (for example windfarms), seismic surveys (using airguns) to inspect subsea oil and gas deposits, explosions, and some sonar sources. Continuous sound sources are mainly from shipping. By 2025, OSPAR will agree a regional action plan setting out a series of national and collective actions and, as appropriate, OSPAR measures to reduce noise pollution (NEAES 2030 Operational Objective S8.O1).

Input of litter (solid waste matter, including micro-sized litter) [Substances, litter and energy]:
Marine Litter Thematic Assessment
Marine litter causes harm to marine mammals through entanglement or ingestion. OSPAR has been at the forefront of international efforts to tackle the marine litter problem since the adoption of its first Regional Action Plan on Marine Litter (RAP ML) (2014-2021). A Second Regional Action Plan on Marine Litter (RAP ML 2) was adopted in 2022 and will continue the work of preventing and significantly reducing marine litter in the North-East Atlantic, including action to build an evidence base for understanding harm and developing appropriate measures as well as an action to prevent abandoned, lost and discarded fishing gear and the Fishing For Litter initiative (OSPAR Recommendation 2016/01), a scheme that works with key stakeholders to remove marine litter from the sea and the seabed. 

The OSPAR Marine Litter Thematic Assessment reports that there are positive signs of a decrease in the quantities of litter found on OSPAR beaches and in the floating litter in the North Sea, over the last 10 years. When considered against the upward trend in plastic production and consumption in Europe over a similar period, this suggests that progress has been made on preventing plastics from entering the marine environment.  The successful implementation of this new RAP will be crucial to building on and maintaining momentum towards achieving OSPAR’s objective of preventing inputs of and significantly reducing marine litter.

Other relevant activities or pressures

Tourism and leisure infrastructure has been identified as an activity affecting marine mammals, but no measures have been taken by OSPAR directly to address these. Actions to raise awareness with respect to the OSPAR listed species, for example by targeting the general public, are being developed and implemented widely by Contracting Parties (see section 2.1). Commitment to monitoring and the enabling of monitoring mechanisms are urgently needed in order to evaluate adequately tourism and recreation pressure and its impact.

The OSPAR actions related to the management of hazardous and radioactive substances are relevant to marine mammals. For measures taken by OSPAR see Radioactive Substances Committee Thematic Assessment , and Hazardous Substances Thematic Assessment .

OSPAR has not taken measures to address the impacts of aquaculture on marine mammals.

Important measures taken by other competent bodies

This section highlights measures taken by other competent bodies that are important for improving the status of marine mammal populations in the North-East Atlantic.

General conservation measures

Under Article 13 of the EU Marine Strategy Framework Directive (Council Directive 2008/56/EC) (MSFD), EU Member States are required to take measures to achieve or maintain good environmental status by 2020. Status assessments under Article 8 and environmental targets under Article 10 help to identify where these measures are needed. According to the assessment published in 2018 (COM/2018/562 final) (EC, 2018) of the programmes and measures applicable to marine mammals, most Member States reported having taken spatial protection measures through the Habitats Directive to protect habitats, including breeding and feeding areas, with most of the new measures addressing underwater noise. Member States also made linkages to measures taken through regional maritime organisations as well as ASCOBANS. Other measures included reducing the impact from lost fishing gear, mitigation of oil pollution, awareness raising, and encouraging sustainable tourism. For the most part, good environmental status of marine mammals was not achieved by 2020. 

Under ASCOBANS, species action plans have been adopted for the harbour porpoise in the North Sea (2012) and the Western Baltic, Belt Sea and Kattegat (WBBSK) (2009), and for the North-East Atlantic common dolphin (2019), in order to improve data, mitigate the threats being faced by these species and build awareness. 

Blue whales have been protected worldwide since 1966, and no deliberate catch of blue whales has been recorded since 1978 (Cooke, 2018).

Fish and shellfish harvesting (professional, recreational) and Hunting and collecting for other purposes [Extraction of living resources]:
Hunting/ marine mammal harvesting:
As noted above, the management of fish and shellfish harvesting on marine mammals is outside the competence of the OSPAR Commission. However, OSPAR can communicate an opinion on these matters to the competent authorities for the protection and management of marine mammals, including the IWC, NAMMCO, and to other bodies regulating the relevant human activities, such as the International Maritime Organization (IMO) and the Arctic Council’s CAFF Working Group. The IWC is the main international organization in charge of protecting large whales in the world and assessing their status. NAMMCO is a regional body for cooperation in the conservation, management and study of cetaceans and pinnipeds in the North Atlantic. NAMMCO provides management advice to the Faroe Islands, Greenland, Iceland and Norway on the conservation status of blue whales. Blue whales are protected by all NAMMCO member countries. The Arctic Council is the leading intergovernmental forum promoting cooperation, coordination and interaction among the Arctic States, Arctic indigenous communities and other Arctic inhabitants on common Arctic issues, in particular on issues of sustainable development and environmental protection in the Arctic. 

Whale hunting has been allowed in limited quotas by Norway (minke whales) and Iceland (fin and minke whales).

The Norwegian seal hunt is restricted in terms of seal numbers, time and place. Harp seals are hunted in the Greenland Sea (West Ice) under quota. Unweaned pups and lactating mothers are fully protected. Licensed, recreational hunting for grey and harbour seals along Norway’s coast, and for ringed and bearded seals along the coast of Svalbard, is permitted under sub-national regulations (NAMMCO, 2021).

Incidental by-catch

In EU Member States, cetaceans are offered strict protection under Article 12 of the EU Habitats Directive (Council Directive 92/43/EEC) or equivalent national legislation. Additional obligations on Member States include the conservation of cetacean populations and the monitoring and mitigation of incidental by-catch and other anthropogenic impacts under the Marine Strategy Framework Directive (Council Directive 2008/56/EC) (MSFD) and the Technical Conservation Measures Regulation (Regulation (EU) 2019/1241). The latter includes technical measures for the conservation of fisheries resources and the protection of marine ecosystems, including actions to minimise incidental by-catch of cetaceans. Protected, Endangered and Threatened Species (PETS) by-catch monitoring is further required in the context of the EU-MAP (Regulation (EU) 2017/1004). National monitoring of by-catch by EU Member states is collated, evaluated and reported on by the International Council for the Exploration of the Seas (ICES). Beyond the EU, some OSPAR Contracting Parties have established national legislation: in Iceland, incidental by-catch of marine mammals must be recorded in fisheries logbooks according to Regulation 746/2016 on Catch Books. These measures focus on sustainable fisheries however, rather than on a broader ecosystem approach or on by-catch monitoring of PETS. The EU MAP is not well-suited to the dedicated monitoring of PETS in high-risk fisheries, since its main focus is on statistically sound random sampling of all commercial fisheries (EC-JRC-STEFC 2021).

Within the OSPAR Region, ASCOBANS has species action plans in place for harbour porpoise in the North Sea (2009), the Western Baltic, the Belt Sea and the Kattegat (2012) and for common dolphin in the North-East Atlantic (2019); these include actions relating to incidental by-catch. Individual countries also have action plans, for example, the Netherlands, see: Updated Conservation Plan for the Harbour Porpoise Phocoena phocoena in the Netherlands.

For cetaceans, examples of the population impacts identified by ICES include potential extinction of the local population of harbour porpoise off Iberia (Carlén et al., 2021); by-catch mortality of common dolphins or porpoises in excess of removal limits (set to meet the ASCOBANS conservation objective with a high likelihood; see Genu et al., 2021) in the Bay of Biscay and Iberian Coast Ecoregion, the Celtic Seas, the western English Channel and the Greater North Sea (ICES, 2021b); and by-catch mortality also in Icelandic Waters, the Barents Sea and the Norwegian Sea (ICES 2022b). ASCOBANS highlights that, in all parts of its agreement area, the annual by-catch rate for harbour porpoise is significantly above the ASCOBANS definition of 'unacceptable interactions', being, in the short term, a total anthropogenic removal above 1.7% of the best available estimate of abundance (ASCOBANS Resolution 3.3). For seals, the threshold was achieved for incidental by-catch mortality of grey seals. However, high incidental by-catch risk was found in the southern part of the Celtic Seas, therefore indicating a smaller local population size than is evident at the wider assessment unit level (see: OSPAR Indicator Assessment on Marine Mammal By-catch ). The ICES also reports that by-catch of seals in recent years in Icelandic waters is estimated to be 9–19% of local populations for harbour seal and 8–24% for grey seal; in the Norwegian Sea, grey seal pup production declined between 2007 and 2015 in mid-Norway, possibly as a result of increased by-catch (Bjorge et al., 2017), implying that existing measures are not enough.

The NEAES 2030 states that “OSPAR will work with relevant competent authorities and other stakeholders to minimise, and where possible eliminate, incidental by-catch of marine mammals, birds, turtles and fish so that it does not represent a threat to the protection and conservation of these species and will work towards strengthening the evidence base concerning incidental by-catch by 2025” (Operational Objective S7.O6).  This will increase attention on the effects of incidental by-catch, including for marine mammals; OSPAR should take into consideration, and where possible collaborate with, the relevant by-catch studies and working groups (in the framework of OSPAR, European Commission, ICES, Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS), ASCOBANS) and their conclusions in the future.

Entanglement

The entanglement of marine mammals in active gears as well as in Abandoned, Lost and Discarded Fishing Gear (ALDFG) is a persistent issue in the North-East Atlantic. Measures have been implemented to address this issue, including via the NEAFC Scheme of Enforcement Art 7, 7a and 7b, net marking, removal or disposal of unmarked or illegal gear and garbage at sea, and retrieval of lost gear; also, the FAO Voluntary Guidelines on the Marking of Fishing Gear.

Transport - Shipping and Transport infrastructure [Transport]:
The QSR 2010 identified physical and other impacts, including noise and collision with marine mammals, as one of the main threats from shipping. Ship strikes can cause death or injury to cetaceans, but the lack of good data on populations and on animals affected means that the impact is difficult to assess (EMSA/EEA, 2021). National reporting under ACSOBANS includes the reporting of deaths from possible ship strikes. Decreasing sea ice in Arctic waters is expected to provide greater access to marine traffic, increasing the risk to marine mammals. The IWC has developed a strategic plan for mitigating the impacts of ship strikes on cetacean populations (https://iwc.int/ship-strikes). The plan covers measures such as re-routing and speed reduction; better reporting of incidents; development and use of avoidance technologies; and  identifying high risk areas where high volumes of shipping overlap with high numbers of whales. The IWC also maintains a global database on ship strikes. The IMO developed guidance on reducing the risk of ship strikes with cetaceans in 2009 (MEPC.1/Circ.674), recognising that minor routeing changes in high-risk areas could lead to substantial reduction in strikes and was possibly the best measure for reducing ship strikes (MEPC 69). None of the high-risk areas so far identified in the plan is within the OSPAR region, although the Strait of Gibraltar is identified as a high-risk area within the Mediterranean for fin and sperm whales (Cates et al., 2017).

The designation of Particularly Sensitive Sea Areas (PSSAs) under the IMO is a response designed to address the potential environmental threat from shipping in ecologically sensitive areas. The guidance on the designation of PSSAs (Resolution A.982(24)) identifies these hazards as relating to operational discharges; accidental or intentional pollution including noise; and physical damage to habitats, and may include ship strikes of marine mammals. An example is the PSSA designation of Western European waters in 2004, in which the presence of emblematic marine mammal species is highlighted as one of the reasons for designation.

Case study:

In the United States, mandatory seasonal speed restrictions have been implemented since 2008 to reduce vessel strikes to northern right whales. A 2020 assessment of the effectiveness of these measures showed some signs of reduced ship strike and no impacts on vessel safety (NOAA, 2021).

Regional differences

There have been responses designed to address the status of marine mammals across the North-East Atlantic, both within and outside national jurisdiction. Owing to the increased level of human activities in the coastal zone, more responses relate to these activities.  Contracting Parties that are also EU Member States are obliged to implement the Habitats Directive, which affords protection to marine mammals, and to implement the MSFD, including through projects such as Mystic Seas, which also extends to the Wider Atlantic region (Region V) of the OSPAR Maritime Area. Within Arctic Waters (Region I), most measures are related to commercial exploitation of certain species, such as fin whale, minke whale, hooded and harp seals. There are also measures in place to prevent negative impacts resulting from offshore oil production. No measures are in place to address pressures from shipping, fisheries or noise.

Gaps and opportunities

Are we doing enough?

It is not possible to answer whether the existing measures are able to reduce the pressures and human activities that continue to undermine the status of marine mammal species in the North-East Atlantic. In some cases, such as the large whale species on the OSPAR List, the current status is principally the result of historic activity. These species remain in poor status, although at least for the blue whale there are some indications of improvement.

Are there other types of responses that could be undertaken by OSPAR to improve the status of marine mammals?

Incidental by-catch:

Measures to address marine mammal incidental by-catch are being implemented by the relevant competent organisations. However, marine mammal by-catch monitoring and management remains inadequate (ICES 2022a). Management requires objectives to be set in accordance with conservation objectives set by policy. In particular, the thresholds in the context of incidental by-catch of protected species such as marine mammals represent an upper limit for anthropogenic removals; that is, the limit beyond which the risk of not achieving conservation objectives is unacceptable. Threshold setting methods (Palialexis et al., 2021) rely on a management strategy evaluation framework that requires unambiguous quantitative and time-bound conservation objectives (Genu et al., 2021). These conservation objectives for marine mammals have yet to be set by policy makers in the North-East Atlantic (ASCOBANS, 2015b; ICES, 2007, 2009, 2013, 2020). OSPAR, via its Marine Mammal Expert Group, has interpreted the ASCOBANS conservation objective of restoring / maintaining populations to mean 80% of carrying capacity for assessing incidental by-catch, given the current lack of policy guidance on quantitative conservation objectives. Under the NEAES 2030, OSPAR has committed to work with the relevant competent authorities and other stakeholders to minimise, and where possible eliminate, incidental by-catch of marine mammals, birds, turtles and fish so that it does not represent a threat to the protection and conservation of these species, and will work towards strengthening the evidence base concerning incidental by-catch by 2025 (Operational Objective S7.O6). This gives increased attention to the effects of incidental by-catch, including for marine mammals. OSPAR will be able to take into consideration relevant incidental by-catch studies in the framework of its own expert groups, HELCOM (Convention on the Protection of the Marine Environment of the Baltic Sea Area – also known as the Helsinki Convention), the European Commission, the ICES, ACCOBAMS, ASCOBANS, and their future conclusions, in particular with respect to the current conservation objective that requires review in order to ensure that the applied level of caution is appropriate. See knowledge gap section in indicator assessment Marine Mammal By-catch.

In terms of potential future actions to address this gap, OSPAR could consider the following types of actions:

• Notify the IWC of its concern about the status and conservation of the OSPAR listed whale species populations and request that issues relative to the status of this stock and threats should be treated as priority issues within the IWC;
• Notify NAMMCO of its concern about the status and conservation of the OSPAR listed whale populations and request that issues relative to the status and threats should be treated as priority issues on the NAMMCO agenda;
• Given the expected opening of new shipping routes in the Arctic and the associated increase in shipping traffic, not only in the Arctic but also in the North-East Atlantic in general, OSPAR could notify the IMO of its concern about the potential danger of ship strikes.

Address marine litter:

Plastics in the ocean have impacts on ecosystem health, including harm to marine mammals through entanglement or ingestion, and economic impacts on sectors such as coastal tourism and fisheries. The Second Regional Action Plan on Marine Litter will cover the development of an evidence base for understanding harm as well other measures that could be developed within OSPAR, and also action to prevent, locate and retrieve Abandoned, Lost and Discarded Fishing Gear (ALDFG).

Address anthropogenic noise:

By 2025 OSPAR will agree a regional action plan setting out a series of national and collective actions and, as appropriate, OSPAR measures to reduce noise pollution (NEAES 2030 Operational Objective S8.O1).  This provides a good opportunity to take collective action to minimise this pressure on marine mammals.

Adapt responses in the light of climate change impacts:

The impacts of climate change will result in changes in habitat suitability and prey abundance and will require a dynamic approach to ensuring the effectiveness of the OSPAR MPA network for marine mammals. By 2023, and every six years thereafter, OSPAR will assess at regional scale the OSPAR network of Marine Protected Areas in respect of the resilience of marine biodiversity to climate change, with the aim of ensuring that the network provides a good representation of species and habitats and that its spatial design and management regime remains relevant (NEAES 2030 Operational Objective S11.O2).