The First International Conference on the Protection of the North Sea took place in response to concerns relating to the inputs of harmful substances to the North Sea.

However, in subsequent years, there have been increasing concerns regarding the effect of     fisheries, not only on the fish stocks themselves, but also on the North Sea ecosystem as a whole.

There is scope for a broadening of ecosystem considerations in fisheries management in the    future. Indeed, regional and national efforts are beginning to move towards an ecosystems-based approach, with countries and regional organisations realising that traditional approaches to    fisheries management are inadequate.

The international legal framework for an ecosystems-based approach to fisheries management is sufficient and comprehensive.

The 1982 Convention On The Law Of The Sea states that measures to conserve and manage   living resources within the EEZ, must take into account the effects of harvesting target species on species that are associated with, or dependent on, harvested species, while ensuring that living resources are not endangered by overexploitation.

The 1992 Convention on Biological Diversity states that degraded ecosystems shall be            rehabilitated and restored through the development and implementation of management plans and strategies, and promote the in-situ protection of ecosystems, natural habitats and the       maintenance of viable populations of species; that States must regulate and manage the           collection of biological resources from habitats, to ensure that the survival of in-situ species, populations and ecosystems is not threatened.

The 1995 Fish Stocks Agreement states that Parties must assess the impacts of fishing and other human activities on target species, and species that are part of the same ecosystem; that Parties must take into account the precautionary principle and uncertainties relating to data used in the development of conservation and management measures

The 1995 Jakarta Ministerial Statement on the Implementation of the Convention on Biological Diversity links conservation, the use of biodiversity and fishing activities, and establishes a new global consensus on the importance of marine and coastal biodiversity. The Mandate identifies ecologically sustainable use of marine and coastal living resources.

The 1995 FAO Code of Conduct for Responsible Fisheries states that fisheries management measures must ensure the protection of not only target species, but also non-target, associated or dependent species; that States must apply the precautionary principle in conserving, managing and exploiting fisheries resources and use selective fishing gear and reduce waste, discards and by-catch of non-target species; that States must implement appropriate measures to minimise wastes, discards, ghost-fishing, by-catch and negative impacts of fishing on associated or dependent species;that States should improve their understanding of the status of fisheries by collecting appropriate data and exchanging information with all relevant groups.

The EU Green Paper on Fisheries, refers to the implementation of multi-annual ecosystem      oriented management, and the introduction and promotion of the use of selectivity devices that reduce or eliminate the by-catch of non-target species, and of fishing methods that have a reduced physical impact on the environment.

There is indeed a need to implement the precautionary approach in the future fisheries and environmental management of the North Sea.

Principle 15 of the Rio Declaration states that in order to protect the environment, the             precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

The FAO Code of Conduct for Responsible Fisheries states that the precautionary principle must be applied in conserving, managing and exploiting fisheries resources and use selective fishing gear and reduce waste, discards and by-catch of non-target species.

The Esbjerg Declaration states that the precautionary principle is the guiding principle to achieve the objective of a sustainable, sound and healthy North Sea ecosystem.

It would seem that there is insufficient data relating to the extent and effect of accidental  by-catch of marine mammals and sea birds in the North Sea, the effects of the return to the sea of large quantities of dead organic material; indeed there appears to be insufficient data relating to the impact of fisheries on the whole ecosystem.

It is evident that the precautionary principle has not been adequately applied in conserving,  managing and exploiting fisheries resources, the use of selective fishing gear, and the reduction of waste and discards.

It would seem that the precautionary principle has not been applied at all, in relation to the by-catch of non-target species in general, and cetaceans in particular.
There would appear to be no reliable information on trends in the status of harbour porpoises (Phocoena phocoena) in the North Sea, but some evidence exists that they were more abundant in the southern North Sea and the Channel in past times.
There would appear to be no reliable information on trends in the status of bottlenose dolphins (Tursiops truncatus), but there is good historical evidence that these dolphins were more abundant and more widely distributed in the North Sea in past times.
There would appear to be no reliable information on the trends in the status of common dolphins (Delphinus delphis), white-sided dolphins (Lagenorhynchus acutus), white-beaked dolphins (Lagenorhynchus albirostris), Risso’s dolphins (Grampus griseus), striped dolphins (Stenella coeruleoalba,), killer whales (Orcinus orca), long-finned pilot whales (Globicephala melas), minke whales (Balaenoptera acutorostrata), fin whales (Balaenoptera physalus), sei whales (Balaenoptera borealis), sperm whales (Physeter macrocephalus),and humpback whales (Megaptera novaeangliae).


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