Wildlife crime at worrying levels while convictions at an all-time low warn conservationists – as new data reveals national marine mammal disturbance problem 

• Wildlife crime reporting figures remain persistently high, while fisheries crime prosecutions plummet and only tiny numbers of convictions made in other areas
• Data newly available for marine mammal disturbances in Devon, Kent and Yorkshire, builds on evidence of worrying levels of disturbance from Cornwall
• 1,290 reports of disturbance of mammals including seals, with such incidents posing a huge risk of harm to animals. The figures are likely to be just the tip of the iceberg, due to reliance on local volunteer group data [1]

Wildlife and Countryside Link’s new Wildlife Crime Report has found that reports of wildlife crime levels have remained stubbornly high since a surge during the Covid-19 pandemic, with 4,735 incidents reported in 2023. There were increased instances of persecution, harm or death being reported for badgers, bats and marine mammals in 2023. Yet convictions for wildlife crime remain shockingly few, with numbers at an all-time low when looking at all types of wildlife crime the report collects data on. 

One of the stand-out findings in the report is that expanded data collection on marine mammal disturbance has revealed a stark picture of disturbances of beloved marine wildlife across the country. Data collected by local wildlife groups in Cornwall, Devon, Kent and Yorkshire is building a clearer picture on the extent of seals, whales and dolphins being disturbed by humans – which risks severe to these marine mammals. 1,290 reports of disturbances were collected during 2023, impacting thousands of animals.

Marine mammal disturbance has increased in recent years in some part due to a rise in the number of people participating in outdoor activities on or near the coast including walking, paddleboarding, kayaking and jet skiing, as well as wildlife tours and wild swimming. Marine experts are working to educate the public on how to enjoy our beaches and oceans without putting the welfare of marine wildlife at risk. [2] 

It is an offence to hurt or recklessly disrupt whales and dolphins under the Wildlife & Countryside Act. The Act does not cover seal species but seal disturbance in Sites of Special Scientific Interest (SSSI) is prohibited where seals are a monitored feature of the SSSI.

One report from an SSSI in Cornwall saw well over 200 seals stampeding due to being disturbed by people walking too closely to them. Such incidents can cause huge harm and even death to the animals as they panic to enter the water (dragging themselves over rocks and often leaping from height into the sea). In Kent, one incident at an SSSI saw a group of 10 watercraft deliberately race each other next to 30 resting seals, including seal pups, leading to most of the seals panicking and flushing into the sea. Such disturbances can cause significant harm, for example causing animals to abandon preferred feeding or resting areas – affecting their health. And it can even cause deaths, including young animals become separated from their mothers.

On convictions, by far the biggest area of prosecutions has traditionally been fisheries crimes, with enforcement traditionally better resourced through funding from fishing rod licencing. However convictions have fallen by almost 80% since their peak in 2019 (see table 1), seeming to reflect decreased resourcing or willingness to prosecute by enforcement agencies. For other wildlife crimes just a handful of criminals are prosecuted each year.

Matt Browne, Director of Policy and Advocacy at Wildlife and Countryside Link, said: “Wildlife crime remains a stubborn problem across the country. Reports of crimes remain high while the number of convictions this year reached an all-time low. The picture for marine mammals disturbances revealed by new data really hits home in this year’s report revealing a national issue. The physical harm and even death caused to our cherished seals, dolphins, whales and porpoises when they’re maliciously or carelessly disturbed by people is exactly the sort of thing that must be tackled if the UK is to have a good chance of meeting its commitment to stopping the decline of nature by 2030.

“The Government has the chance to turn a corner on wildlife crime. Making it a notifiable offence would help police forces identify crime hotspots and plan accordingly. Better information can underpin better law enforcement, leading to improved protection for marine mammals and other wildlife threatened by crime.” [3]

Kit Stoner, CEO of Bat Conservation Trust said; “As a result of improved information sharing in the last few years we are getting a more accurate picture on the level of offending against bat species and their habitats, and that is reflected in the increased figures being reported annually. As we improve our sharing of data we anticipate the figures will continue to climb.

Development and tree felling without following legal processes, motivated by the perception that it will save time and money, remain the primary causes of bat crime. We are seeing some developers rolling the dice on bat crime. Many are gambling that any fine they pay if they are caught will be less than the cost of responsibly protecting bats on development sites. And sadly inadequate fines are all too common, even on the cases that do actually make it to court.

This situation could potentially worsen further, with less oversight and protections for wildlife, if relevant planning regulations are weakened in a Government race to reduce red-tape for growth. The Government and our legal system must ensure that wildlife crime doesn’t pay. Implementing tougher minimum fine and sentencing guidelines is essential, alongside ensuring planning regulation protects and speaks up for the wildlife that can’t speak for itself.”

To properly tackle the issue of wildlife crime, nature experts are calling for the following actions (most of which were also recommended by a UN report in 2021):

1. Making wildlife crimes notifiable to the Home Office, so such crimes are officially recorded in national statistics. This would better enable police forces to gauge the true extent of wildlife crime and to plan strategically to address it.
2. Increasing resources & training for wildlife crime teams in police forces. Significant investment in expanding wildlife and rural crime teams across police forces in England & Wales, would enable further investigations, and lead to further successful prosecutions. Funding for the National Wildlife Crime Unit should be increased in line with inflation, to allow the Unit to continue its excellent work.
3. Sentencing guidelines for wildlife crimes. No sentencing guidelines are currently in place for wildlife crimes so judges tend to err towards caution and the lower end of the sanction scale for wildlife crime convictions. The Sentencing Council should consult on sentencing guidelines in England and Wales for a range of key wildlife crimes, including breaches of the Wildlife & Countryside Act, Hunting Act, Protection of Badgers Act, Habitats Regulations and control of trade in endangered species (COTES) regulations.

Read the full report below