The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Protection of wild birds, their eggs and nests U.K.

34.—(1) Subject to regulations 35 and 49, a person is guilty of an offence if he deliberately—

(a) captures, injures, or kills any wild bird;

(b) takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

(c) takes or destroys an egg of any wild bird.

(2) Subject to regulations 35 and 49, a person is guilty of an offence if he keeps—

(a) any live or dead wild bird or any part of, or anything derived from, such a bird; or

(b) an egg of a wild bird or any part of such an egg.

(3) In any proceedings for an offence under this regulation—

(a) in relation to an offence under paragraph (1)(a), the bird in question is to be presumed to have been wild unless the contrary is shown; and

(b) in relation to an offence under paragraph (1)(b) or (c), if the prosecution prove that the nest or egg in question is of a bird which is a member of a species referred to in Article 1 of the Wild Birds Directive, it is to be presumed that the bird was a wild bird unless the contrary is shown.

(4) In any proceedings for an offence under paragraph (1), where this paragraph applies the defendant shall not be taken deliberately to have done anything prohibited by either of those paragraphs merely because—

(a) his actions had the result that he did the thing in question; and

(b) he intended those actions and knew that they might have that result.

(5) Paragraph (4) applies where the defendant shows that—

(a) the actions in question were for the purpose, and in the course, of sea fishing;

(b) he did not intend those actions to have the result in question; and

(c) he had taken any steps that could reasonably be taken to ensure compliance with the requirements or conditions of any relevant Community instrument.

(6) In paragraph (5), “any relevant Community instrument” means any instrument relating to sea fishing which—

(a) regulates such fishing for the purpose (whether or not the sole purpose) of minimising the extent to which it has a result of the kind referred to in paragraph (4) or the risk that it may have a result of that kind; and

(b) is adopted by any Community instrument under—

(i) Article 37(2) of the EC Treaty; or

(ii) Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(1) or any instrument adopted thereunder.

(7) In this regulation “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching.

(1)

O.J. No. L358, 31.12.02, p. 59.