8. After regulation 36 (prohibition of certain methods of taking or killing wild animals) insert the following regulation—
36A.—(1) The Department shall make arrangements to establish a system for monitoring the incidental capture and incidental killing which takes place in Northern Ireland of animals of the species listed in Annex IV(a) to the Habitats Directive.
(2) In light of the information gathered from monitoring arranged under paragraph (1), or otherwise arranged for the purpose of Article 12(4) of the Habitats Directive, the Department shall make arrangements for the carrying out of further research for, or the taking of conservation measures as are necessary for, ensuring that such incidental capture or incidental killing does not have a significant negative impact on the species in question.
(3) The Department shall review the arrangements made under paragraphs (1) and (2) and if necessary revise those arrangements.
(4) In this regulation in relation to any marine area for the words “the Department” where they occur substitute “the Secretary of State”.”