Given the lack of data regarding the status of cetacean populations in the North Sea, and the lack of emphasis placed on developing gear types and fishing techniques to reduce negative impacts on non-commercial species and their habitats, it would seem that there has been no application of the precautionary principle in relation to the issue of cetacean by-catch.

However, the issue of cetacean by-catch was the focus of a statement from the United Nations Environment Programme, April 16, 2001.  It stated, “Limits on the numbers of dolphins and  porpoises accidentally killed in fishing nets are urgently needed if healthy populations are to be restored to the North Sea. Members of an international conservation treaty backed by the United Nations Environment Programme are making the recommendation.
It is hoped that these by-catch limits will form part of a review of the Common Fisheries Policy (CFP) which has been launched by the Commission and which is due to be completed in
December 2002”.

Klaus Toepfer, the Executive Director of UNEP, stated that the decision to review the CFP
offered a "golden opportunity" to address the threat to dolphins and porpoises from trawlers and other types of fisheries, and that  “placing a clear limit on the levels of dolphins and porpoises being lost in fishing gear could play an important role in guaranteeing a recovery of these      charismatic and intelligent marine mammals in European waters…

Studies indicate that in some parts of the North Sea and adjacent waters, such as the Celtic Sea, 6 per cent of small cetaceans are being killed after becoming entangled in fishing nets. This may amount to more than 2,000 harbour porpoises annually in the Celtic Sea. Scientists advise that this level of by-catch is unsustainable and threatens to undermine conservation efforts".

It is estimated that 4% of the total population of harbour porpoises is killed each year in fishing nets in the North Sea, but there are no estimates for dolphin populations.

In their study, “Historical Overfishing and the Recent Collapse of Coastal Ecosystems”, Jackson et al state that “ severe overfishing drives species to ecological extinction because over fished populations no longer interact significantly with other species  … many more marine ecosystems may be vulnerable to collapse in the future”.
The study clearly demonstrates that when top predators, such as whales and dolphins are
removed in large numbers, the consequence is a total collapse of the marine ecosystem.

There are threats of serious or irreversible damage to cetacean populations in the North Sea, and lack of full scientific certainty must not be used as a reason for postponing cost-effective
measures to reduce cetacean by-catch.

More emphasis must be put on developing gear types and fishing techniques, which reduce
negative impacts on non-commercial species and their habitats.
Cetacean by-catch mitigation measures must be incorporated into the management
and exploitation of fisheries resources in the North Sea.

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