ClientEarth urges Spain to tackle dolphin and whale bycatch in Atlantic waters. ClientEarth has sent a formal letter to Spain’s Ministry of Agriculture, Fisheries and Food (MAPA) calling for urgent action to address the ongoing incidental capture of dolphins, porpoises and whales in Spanish Atlantic fisheries. The submission argues that Spain is still failing to implement the monitoring and conservation measures required under European law to assess and reduce marine mammal bycatch in the Cantabrian and North-Western fishing grounds, particularly in waters off Galicia. (1)
The capture of non-target species in fishing gear, commonly known as bycatch, is widely recognised as one of the most serious threats facing cetaceans in European waters. Scientific evidence has consistently identified bycatch as the primary human-induced pressure on several cetacean species, including common dolphins, bottlenose dolphins and harbour porpoises.
The waters off north-west Spain are among the most productive fishing grounds in Europe and support both significant fishing activity and an important diversity of marine mammals. Twenty-eight cetacean species have been recorded in the region, while the common dolphin, the most abundant cetacean in the north-east Atlantic, is also the species most frequently affected by bycatch.
Despite longstanding concerns and repeated scientific recommendations, cetacean mortality linked to fishing activities remains alarmingly high. Available estimates suggest that at least 2,000 cetaceans may be caught each year in Galician waters.
Arthur Meeus, lawyer at ClientEarth, said:
“Protecting dolphins, porpoises and other cetaceans is not only an environmental imperative; it is a legal obligation. But protection without monitoring is meaningless. Without robust monitoring, authorities cannot accurately assess the scale of bycatch, nor can they design effective solutions. Spain must act now to ensure that fisheries operate in a way that safeguards protected marine species, as required by the best scientific recommendations.”
Spain is subject to numerous legal frameworks (2), which require it to monitor, assess and reduce the incidental capture of protected marine species, and to ensure that it does not compromise their conservation status. The longer Spain waits to take its responsibilities, the greater the long-term socio-economic costs will be, as continued inaction will ultimately require stricter conservation measures. (3)
“Reducing bycatch of protected species is both achievable and necessary,” added Meeus. “The science is clear, the legal obligations are clear, and the tools already exist. What is needed now is implementation.”
(1) ClientEarth is calling on the Spanish authorities to:
- Implement monitoring programmes specifically designed to assess the occurrence and scale of cetacean bycatch;
- Rapidly adopt and enforce effective prevention and mitigation measures where risks are identified;
- Support the implementation of bycatch-reduction measures where scientific evidence shows cetaceans are at risk.
- Spain is currently developing a Royal Decree on the protection of cetaceans, sea turtles and seabirds from incidental capture in fisheries. The draft proposes measures including monitoring, reporting and mitigation requirements for fishing vessels. ClientEarth considers that the final text should fully comply with Spain’s obligations deriving from EU law and be effectively implemented and enforced. While the proposed Royal Decree represents an opportunity to strengthen protection for these species, the draft currently fails to address key shortcomings and does not introduce sufficiently meaningful measures.
(2) The relevant legal frameworks which Spain is subject to include the Habitats Directive, the Marine Strategy Framework Directive, the Common Fisheries Policy and regional agreements including the OSPAR Convention.
(3) Concerns regarding Spain’s compliance with these obligations are not new. In 2019, ClientEarth and 24 other NGOs submitted a complaint to the European Commission concerning failures by several Member States, including Spain, to address cetacean bycatch. The Commission subsequently launched infringement proceedings, concluding that Spain had not adopted sufficient monitoring measures and had failed to make full use of available conservation tools. In 2022, the Commission issued a reasoned opinion reiterating concerns about inadequate monitoring, enforcement and implementation of scientifically recommended measures.
This legal action is part of ClientEarth’s broader work to tackle bycatch of marine species across Europe, an issue that affects not only cetaceans but also seabirds and other protected marine wildlife. Bycatch remains one of the leading threats to marine biodiversity, yet effective solutions are available and already being implemented in some fisheries.
ClientEarth has also highlighted the urgent need for stronger action to protect seabirds affected by bycatch in European waters, including recent action concerning the failure of authorities in France to adequately monitor and address seabird bycatch.
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ClientEarth works in over 50 countries across Africa, the Americas, Asia-Pacific and Europe. We shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive.
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