Protected species: dolphins, whales and porpoises
Dolphins, whales and porpoises, known collectively as cetaceans, are given the highest possible protection in Scottish inshore waters.
All cetacean species found in Scottish territorial waters are classed as European protected species. They are given protection under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).
Cetaceans in waters more than 12 nautical miles from land are protected under the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2017.
You can see our summary of offences in relation to these protected species below. For the definitive list of offences, you should consult the actual legislation.
Discover more about cetaceans found in Scottish waters.
Offences: dolphins, whales and porpoises
In Scottish inshore waters, it is an offence to deliberately or recklessly:
kill, injure or capture a cetacean
disturb or harass a cetacean
damage or destroy a breeding site or resting place of such an animal
keep, transport, sell or exchange, or offer for sale or exchange any cetacean (or any part or derivative of one) obtained after 10 June 1994
Licensing allows named individuals to carry out actions that could otherwise constitute an offence. If you're planning any activities in the sea that could injure or disturb a cetacean, you must make sure you stay within the law.
Find out about licensing for dolphins, whales and porpoises.
Scottish Marine Wildlife Watching Code
The protection of marine European Protected Species from injury and disturbance: Guidance for Scottish Inshore Waters
More than 20 cetacean species can be seen in Scottish waters seven of which are common close to our coasts. Find out about each of these regular visitors.
Dolphins, whales and porpoises and licensing
Licensing can permit survey or research activities that might disturb cetaceans or put them at risk of injury.