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Britain is about to undertake a mass sea-grass survey and BSAC have released this guidance on what to do if you see a sea horse.

This paragraph stood out to me:

If you take a photo DO NOT put it on social media - it is an offence. Keep your finding quiet, just you and your dive team, not the public at large

Now, I find it hard to believe that it's an offence to take a picture of a sea horse that you stumbled across by accident, even if you need a license to actively search for them.

Is this really accurate?

ScottishTapWater
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2 Answers2

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The Seahorse Trust states on their conservation page

In 2008 both British species of seahorse became protected as named species under the Wildlife and Countryside Act (1981). . .

Another achievement, in 2010, was the banning of the use of flash photography when photographing seahorses. This was banned on welfare grounds. After 41 years of experience we knew for certain that flash photography is harmful and kills seahorses.

It is now illegal to kill, take or disturb seahorses in British waters.

Presumably if you are close enough to photograph a seahorse, then you will be disturbing it (even without a flash), when you should be quietly leaving its vicinity, and that your business with them is only legal if you hold a licence to study them.

The Wildlife and Countryside Act uses the phrasing

intentionally or recklessly disturbs

If you accidentally disturb one, that is not an offence, but to continue to disturb it (by taking a photograph) could be considered to be intentional.

Weather Vane
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From cell phones' cameras I infer the point is not only taking the picture (as in to get the visible data you see when looking on a print), but all the meta data about the parameters about the recording including date, time, and geolocation known as exif data easily transmitted and readout by numerous programs.

An accidental geotagging by taking a photo already can be problematic for humans at land; a legal constrain on who is allowed to record such photos in order to prevent unwanted "visits" by others to protect endangered species thus doesn't appear strange.

Buttonwood
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