The Conservation of Offshore Marine Habitats and Species Regulations 2017

Re-introduction of species U.K.

76.—(1) If the relevant administration considers that re-introducing a species to which this regulation applies into any part of the waters comprised in the offshore marine area might contribute to the conservation of that species, the relevant administration—

(a) must make arrangements for a study to be carried out to consider the desirability of doing so; and

(b) may, if the relevant administration considers it appropriate, carry out or cause to be carried out an investigation in accordance with paragraph (5) for the purpose of ascertaining whether the re-introduction of the species would contribute effectively to re-establishing the species at a favourable conservation status.

(2) Paragraph (3) applies if the study under paragraph (1)(a) concludes that any such re-introduction would be desirable—

(a) in the light of an investigation carried out under paragraph (1)(b); or

(b) where no such investigation has been carried out, subject to such an investigation being carried out and reaching a conclusion in the affirmative.

(3) Where this paragraph applies, and subject to paragraph (4), the relevant administration may make arrangements to re-introduce the species into such waters after—

(a) carrying out such an investigation; and

(b) consulting such persons as the relevant administration considers may have an interest in the re-introduction.

(4) The relevant administration must not proceed with the re-introduction unless the conclusion of the investigation carried out under paragraph (1)(b) is in the affirmative.

(5) Any investigation under paragraph (1)(b) must—

(a) consider whether the species concerned has been re-introduced in the territory of [F1 any] member States or elsewhere; and

(b) take account of any evidence relating to any such re-introductions which is relevant for the purposes of the investigation.

(6) This regulation applies to such species in Annex IV of the Habitats Directive as are native to the offshore marine area.

(7) Before the Secretary of State exercises any functions under this regulation in relation to the waters comprising the Scottish offshore region or the waters comprising the Welsh offshore region under this regulation, the Secretary of State must consult the Scottish Ministers or the Welsh Ministers, respectively.

(8) In this regulation, “the relevant administration” means—

(a) in relation to the re-introduction of species in any part of the waters comprised in the Scottish offshore region, the Scottish Ministers;

(b) in relation to the re-introduction of species in any part of the waters comprised in the Welsh offshore region, the Welsh Ministers; and

(c) in relation to the re-introduction of species in other any part of the waters comprising the offshore marine area, the Secretary of State.

Textual Amendments

F1 Word in reg. 76(5)(a) substituted (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 67; 2020 c. 1, Sch. 5 para. 1(1)