Written evidence submitted by the Orkney Marine Mammal Research Initiative (MM0023)

Introduction

Orkney Marine Mammal Research Initiative (OMMRI) was launched in July 2020 with the aim of filling the historical gap in robust data and evidence regarding the position of marine mammals in Orkney waters. Although sightings of whales, dolphins and porpoises have been observed locally for many years, many have gone unrecorded, with very little has been done in terms of analysis of these records and certainly nothing to match the work that has been carried out around the rest of Scotland and the wider UK in recent years. We received out charitable status in September 2020.

OMMRI’s mission statement is ‘protecting Orkney’s marine mammals through research and education’. We strongly believe that instilling a sense of stewardship in the local community is vital to driving forward our understanding of how these animals use the waters around Orkney. In summer 2020 we established a Sightings Alerts Group using the WhatsApp messaging app so that both local residents and visitors to the islands could report their sightings in real time. This had a two-fold benefit:

1) OMMRI had an instant source of casual sightings data and

2) Everyone in the group knew which cetaceans they could see and where to find them.

By the summer of 2021 OMMRI was running two WhatsApp groups; both were over-subscribed, with a long waiting list and the group was moved to the Telegram app in order that everyone who wanted to be involved could be accommodated.

Having increased public interest in the marine mammals living around Orkney, OMMRI launched its Stewards of the Sea citizen science project in spring 2021. Volunteers are recruited and trained to undertake land based surveys in order that robust sightings data can be collected for analysis. To date OMMRI has trained 70 citizen scientists who, using a standard methodology, now regularly survey from around the Orkney coastline. Although in the early days Covid restrictions placed limits on training volunteers face to face, the use of virtual platforms enabled us to reach the populations of the outer isles as well as the Orkney mainland, thus involving communities who frequently miss out on projects.

Since its birth in 2020 OMMRI has been active in responding to renewable energy and aquaculture planning applications - our responses have been referred to and amplified by Ariane Burgess MSP among others. More recently, OMMRI was asked by Marine Scotland to respond to the West of Orkney Wind Farm Scoping document with OMMRI listed as a Key Consultee.

Finally, in a ground-breaking collaboration, OMMRI trustees volunteer as citizen scientists themselves, operating remotely under the guidance of the Scottish Marine Animal Strandings Scheme to undertake marine mammal post-mortems within Orkney. This enables us direct access to investigations into why these animals end up on Orkney’s coastlines and, as a result, we are well placed to comment on mortalities.

OMMRI is of the belief that the seas around Orkney require protection to ensure long-term viability for both the marine mammals that live in them and the communities that rely upon them. Our aim is always to effect positive change with regards to the health and sustainable development of the ocean and we welcome the opportunity to provide an Orkney perspective in responding to the UK Parliament Call for Evidence.

What is the status of marine mammal populations?

There has been very little comprehensive research on the cetaceans that frequent Orkney waters – with the one possible exception to this being killer whales (Orcinus orca) – and it is therefore almost impossible to comment with great confidence upon the presence or abundance of other species. Indeed this dearth of data is the main reason OMMRI came into existence.

Additionally, whilst most species are generally data deficient within Orkney waters, understanding of population status is muddied by the lack of consistency in survey efforts/assessments undertaken by large scale surveys (e.g. SCANS) and those for new projects. This is further exacerbated by a lack of public access to data when survey work has been funded privately.

Whilst at present there is no accurate baseline upon which to base claims that species presence or abundance is either increasing or decreasing, we are able to offer some comment upon the status of local marine mammal populations.

         We are seeing evidence that warmer water species such as common dolphin (Delphinus delphis) and striped dolphin (Stenella coeruleoalba) are extending their range into Orkney waters, in line with national trends of a northwards push.

         Fin whale are being recorded on migration and are not thought to be resident. Both July 2020 and 2021 saw live strandings of this species – both were in very poor condition and were unexpected for Orkney waters at that time of year.

         Minke whale are the most commonly recorded baleen whale in Orkney waters with animals recorded throughout summer and autumn. Difficult viewing conditions mean this species is probably under-recorded. Entanglement is a concern – particularly as females are highly likely to be pregnant, as  with the entangled minke that stranded in Sanday in 2019.

         Risso’s dolphin are the most commonly recorded cetacean in Orkney with animals recorded nearly year round in small pods. It is not known if the animals are resident or transitory or both.

         White beaked dolphin – traditionally considered to move south in the winter, this species is being recorded in winter months in Orkney although it is not known if these animals are the same individuals as those recorded during summer months. A number of animals stranded in 2021; all showed signs of good nutrition although health was compromised in other ways.

         Some pods of killer whale are now sufficiently frequently in the waters around Orkney and Shetland that they could be considered resident. These animals are known mammal feeders. Considering the status of the West Coast community, this could cause fertility issues over the long-term although this is not an issue presently.

         Harbour porpoise (Phocoena phocoena) are present year round but likely to be under-recorded partially due to difficult viewing conditions and partially due to a commonly held view of ‘it’s just a porpoise’. Likely resident in Orkney waters and typically recorded in single numbers, October sees an annual aggregation of 150 - 200 animals utilising the Longhope Bay area to the east of the island of Hoy. The reasons for this aggregation are currently unknown with theories put forward including mating and the abundance of prey for mothers and their calves. It is not known whether these animals are typically resident in Orkney waters or migrate here for the aggregation. Harbour porpoise are highly susceptible to anthropogenic pressures (such as noise and bycatch) so it is therefore vitally important that the aggregation be studied and understood in order that appropriate protection can be put in place.

Globally, many cetacean species are IUCN data deficient and, as a result, the status and health of many cetacean populations are currently unknown. Whilst knowledge of species status is fairly robust in some parts of the UK this is not yet the case in Orkney and it will require many more years of effort and comprehensive surveying to build an accurate picture of the health and status or our marine mammals.

Within Orkney, harbour seal population numbers are plummeting; conversely, grey seal numbers are steadily increasing. It has been suggested that the decline in harbour seal numbers is, at least in part, due to predation by both grey seals and killer whales; this is, at present, only hypothesis.  Investigations into this decline seem to have been on-going for some time but effort-based surveys ‘on the ground’ are few and far between and more funding is needed at local levels to ascertain the evidence for this decline and whether this is a natural situation or inter-species predation being driven by anthropogenic pressures.

How, and for what purpose, are marine mammals being killed?

Predation of harbour porpoise by killer whales and bottlenose dolphin is known to occur – the former for food and the latter, it seems, aggression/play. Bottlenose dolphin are rarely seen in Orkney waters but empirical evidence indicates their range is expanding into the region. This has the potential to place further pressure on our harbour porpoise population as a result.

We often remind our citizen scientists that ‘negative data is still data’. Considering the impact of bycatch on harbour porpoise populations elsewhere, we do find it surprising not to have more evidence of this occurring locally. This requires closer scrutiny in order to rule out bycaught harbour porpoise being used as bait, thereby reducing the likelihood of intact and identifiable animals being washed ashore.

Beyond whaling, what human behaviours are affecting whale populations and how?

The anthropogenic pressures placed upon cetaceans and other marine mammals are well known and widely reported upon. 

There is a general conception that Orkney waters are clean waters due to the fast flows around the isles. Whilst this is traditionally the case, increasing levels of finfish aquaculture and low understanding of the cumulative impact of this industry make it difficult to accurately assess levels of toxicity and the impact that these treatments are having on marine wildlife at the bottom of the food web that supports marine mammals.

Human activity around the Orkney coastline, whether for leisure or industry, further increases the pressure on marine mammal populations. Whilst OMMRI is of the belief that this is exacerbated by a lack of understanding rather than a lack of interest, we note that a recent local government survey seeking to understand how the Orkney coastline is used for leisure has been poorly received. This very much highlights the need to understand the community in which consultations and developments are taking place – pitching interactions at the wrong level or using systems heavily reliant upon good internet connections in regions where speeds are typically low, as is often the case, repeatedly results in low engagement and sub-optimal developments in the marine environment where the impact is less visible to folk. 

Entanglement in fishing lines is a particular concern in our region; 2019 saw two baleen whale entanglements in as many days with a female minke dead from net entanglement stranding on Sanday, immediately followed by an entangled humpback off Westray. The swift action of the fisherman in the latter case enabled trained volunteers to respond, successfully releasing the animal and ensuring gear was not lost. More recently (September 2021) a young male killer whale washed in dead on the west coast of Papa Westray. Investigations by SMASS confirmed from physical and physiological evidence that the animal had become caught in a creel line, struggled to free itself (tearing muscle along one side of its body as it arched and struggled) but was unable to reach the surface and drowned. That the animal washed in free of the line in which it was entangled indicates that the animal was cut free by the owner of the fishing gear. Whilst it is clearly unfortunate that this occurred, it is telling that the owner of the gear has, to this day, not come forward. The fear of possible repercussions shows that there is still much work to be done in terms of building trust between those that rely on fishing,  conservationists and governmental bodies. Solutions to the issue of entanglement need to be developed collaboratively in order for them to have the greatest chance of success.

Finally, we have noted a substantial increase in use of local waters by aquaculture vessels, leisure boats, jet skis etc. which will of course be elevating levels of noise pollution within the water column. This is further exacerbated by the growing number of large cruise liners visiting the archipelago during the spring and summer seasons with there being no apparent limits or restrictions in place in order to reduce the impact of these – a limit on numbers coming ashore each day has no influence on the number of days that vessels visit. Unfortunately, the global issue of ocean acidification and the corresponding percentage change in acoustic absorption coefficient at low frequencies is likely to exacerbate matters further, with already increased levels of noise now travelling over greater distances and thereby impacting upon species using waters further from the coast… animals who are less familiar with using sound for communication, navigation and foraging against a backdrop of industrial noise. 

There would be great benefit in being able to accurately quantify the impacts of industry/development and leisure use upon the marine environment at localised levels, to aid better understanding of how these impacts cumulatively ‘add up’ and how they have changed over time – aiding marine planners in their work and ultimately resulting in more truly sustainable developments being undertaken.

How effective are the global protections of marine mammals?

Outside of MPAs designated for cetaceans there is very little protection of marine mammals and often very little policing of their enforcement. However, we are a small, local grassroots organisation and whilst our feeling is that protections are inadequate, there are other organisations operating globally that are better placed to comment on this.

How can the UK better protect marine mammals?

It is vital that the UK government improves the strength and clarity of current legislation designed to protect marine mammals in UK waters. Clear and robust regulations and stronger monitoring of protected areas and improved community buy-in and understanding of the regulations is required if legislation is to be perceived as more than the paper exercise it is often dismissed as at the moment. 

Within Orkney waters we’ve seen increasing levels of leisure users over recent years and correspondingly noted an increasing number of incidents where harassment of marine mammals is flagged by members of the public as a concern. Investigation of these by the police is currently challenging due to difficulties in proving breaches of the law and consideration should be given on how to better educate water users (should the UK require licensing and minimum training in order to operate a powered vessel at sea?) and how to make legislation more enforceable.

On a related note, we feel that there is also a need to tighten legislation around ‘good Samaritan’ clauses – in order that this can only be used at the outset of any situation and only in the absence of trained responders from authorised and licensed rescue organisations under the supervision of a vet, such as those from BDMLR. This reduces the potential for individuals to inadvertently undertake actions that can be to the detriment of the animal.

A recent study by Heriot-Watt University concluded that the cumulative risk assessments prepared by aquaculture and harbour development in support of their planning applications are less than robust and that the standard of these has not improved over the last ten years. OMMRI has witnessed this ‘doing the minimum required’ approach in recent planning applications such as Orkney Island Council’s Faray Wind Farm application and Cooke Aquaculture Scotland’s application for a seventh fish farm off the coast of Papa Westray. Neither of these organisations had carried out scoping consultations with stakeholders before filing their applications. Genuine consultation with organisations on the ground (such as the recent request by Marine Scotland for scoping opinions ahead of the West of Orkney offshore windfarm development) should be the norm for all developments within the marine environment, with a higher standard set in legislation for impact and environmental assessments undertaken prior to planning consideration.

Furthermore, we believe it is essential that the UK takes a lead on developing solutions to  eradicate bycatch in UK and European waters. The funding of research and development into ropeless technologies, trialled in areas with high numbers of active creel fisheries is a vital first step but this must be supported by long-term funding that directly supports fishermen transitioning to ropeless gear, reinforced by legislation.

Finally, at present there is a very heavy reliance upon NGO to deliver research and educational programmes on the ground. Whilst these organisations are well placed to deliver such activities, the funding required to do so is sorely missing, hampering progress and diverting valuable time and effort into seeking grant funding for essential day to day activities.

Degradation of the marine environment is now sufficiently advanced that attempting to simply ‘protect’ is no longer sufficient; development and actions that lead to localised and wider scale improvement are now necessary in order to restore ocean health and ensure that marine mammals are able to thrive.

What role can the UK Government play to protect and promote the conservation of marine mammals internationally?

The UK has a long and proud tradition of animal welfare legislation. Each of the separate nations within the United Kingdom also has strong historical affiliations to the sea – together we are surrounded by, and depend upon, the oceans for a large part of our livelihood. We therefore feel that the UK Government should step-up and take action, leading and investing in conservation efforts, driving forward legislation and setting the standard to which other nations seek to attain on issues of marine mammal welfare and conservation.

Sharing of knowledge, skills and experience with other nations – as well as being willing to learn from the experiences of other nations – is crucial to ensure that the message of marine conservation and marine mammal conservation in particular is heard throughout the world and reinforced. This responsibility (and the funding of it) can not rest on the shoulders of NGOs alone.

Internationally, there is also a need for the UK Government to take a much stronger line with countries such as Japan, Iceland and the Faroe Islands with regards to their outdated whaling policies. Not only is whaling at such scale clearly unacceptable but, in the case of both the Faroes and Iceland, will also be impacting upon populations of that utilise UK waters. Public condemnation by the UK Government of whaling in general and incidents such as the 1,428 Atlantic white-sided dolphin killed last year by the Faroese is necessary. Applying pressure for change should be prioritised over economic gain.

May 2022