44.—(1) In relation to the offshore marine area, the Secretary of State must make arrangements [F1in accordance with paragraphs (3) to (5)] for the surveillance of the conservation status of natural habitats of Community interest and species of wild flora and fauna of Community interest, and in particular priority natural habitat types and priority species.
(2) The Secretary of State must from time to time—
(a)consult the devolved administrations about the arrangements which he has made under paragraph (1);
(b)provide the devolved administrations with such information as he considers appropriate that has been derived from the surveillance arranged by him under paragraph (1); and
(c)review the arrangements he has made under paragraph (1) and, if he thinks it appropriate, revise those arrangements.
[F2(3) The joint committee must—
(a)assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—
(i)whether a habitat or species is a priority natural habitat type or priority species; and
(ii)the conservation status of the habitat or species; and
(b)advise the Secretary of State as to the need for such surveillance.
(4) The Secretary of State must ensure that the necessary surveillance is carried out on an ongoing basis.
(5) Surveillance for the purposes of this regulation may be carried out by—
(a)the joint committee; or
(b)any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State or the joint committee.
(6) In paragraphs (3) and (5)—
(a)“the joint committee” means the Joint Nature Conservation Committee; and
(b)a “relevant” habitat or species means a habitat or species in the offshore marine area of a type referred to in paragraph (1).]
Textual Amendments
F1Words in reg. 44(1) inserted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 6(a)
F2Reg. 44(3)-(6) inserted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 6(b)
45.—[F3(1) The Secretary of State must, as required in the light of information derived from surveillance carried out under regulation 44 or otherwise arranged for the purposes of Article 11 of the Habitats Directive, ensure that measures are taken for the purpose in paragraph (2).]
(2) The purpose referred to in paragraph (1) is to ensure that—
(a)the taking in the wild of specimens of a species listed in Annex V to the Habitats Directive, and
(b)the exploitation of any such specimens in the waters comprised in the offshore marine area,
are compatible with that species being maintained at a favourable conservation status.
(3) [F4Where measures are required under paragraph (1), the Secretary of State must] make arrangements for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of the species at a favourable conservation status.
(4) In so far as the Scottish Ministers have any function which may be exercised for the purpose mentioned in paragraph (2), paragraph (1) applies to the Scottish Ministers as it applies to the Secretary of State.
(5) The obligation of the Secretary of State under paragraph (1) shall be treated as satisfied in so far as it has been met by the Scottish Ministers.
(6) In so far as any Northern Ireland department has any function which may be exercised for the purpose mentioned in paragraph (2), paragraph (1) applies to that department as it applies to the Secretary of State.
(7) The obligation of the Secretary of State under paragraph (1) shall be treated as satisfied in so far as it has been met by any Northern Ireland department.
(8) Before the Secretary of State exercises any relevant function for the purpose of complying with paragraph (1), he must first consult—
(a)the Scottish Ministers, in the case of a relevant function exercisable for the purpose referred to in paragraph (9)(a); or
(b)the Department of the Environment in Northern Ireland, in the case of a relevant function exercisable for the purpose referred to in paragraph (9)(b).
(9) In this regulation, “relevant function” means any function of the Secretary of State exercisable for the purpose of—
(a)securing any result which may instead be secured by the exercise of any function of the Scottish Ministers; or
(b)securing any result which may instead be secured by the exercise of any function of any Northern Ireland department.
Textual Amendments
F3Reg. 45(1) substituted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 7(a)
F4Words in reg. 45(3) substituted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 7(b)
46.—(1) The Secretary of State must make arrangements [F5in accordance with paragraphs (3) to (5)] to establish a system for monitoring—
(a)the capture of animals of any species listed in Annex IV(a) to the Habitats Directive, and
(b)the killing of any such animals,
which (in either case) is incidental to any activity that takes place in the waters comprised in the offshore marine area.
(2) The Secretary of State must, from time to time—
(a)consult the devolved administrations about the arrangements he has made under paragraph (1);
(b)provide the devolved administrations with such information as he considers appropriate derived from the monitoring arranged by him under paragraph (1); and
(c)review the arrangements he has made under paragraph (1) and, if he thinks it appropriate, revise those arrangements.
[F6(3) The joint committee must, in relation to the species of animals listed in Annex IV(a) to the Habitats Directive which are found in the offshore marine area—
(a)identify the risks of incidental capture and killing to which those species are subject, and the activities which give rise to such risks;
(b)maintain a record of instances of incidental capture or killing of animals of those species of which the joint committee is aware as a result of the surveillance carried out under regulation 44, the monitoring carried out under this regulation, or otherwise;
(c)assess to what extent monitoring of incidental capture and killing is needed, having regard to—
(i)the risks identified under sub-paragraph (a);
(ii)the instances of incidental capture or killing recorded under sub-paragraph (b);
(iii)whether the species is a priority species; and
(iv)the conservation status of the species; and
(d)advise the Secretary of State as to the need for such monitoring.
(4) The Secretary of State must ensure that the necessary monitoring of incidental capture and killing is carried out.
(5) Monitoring for the purposes of this regulation may be carried out by—
(a)the joint committee;
(b)any other competent authority;
(c)any other person acting pursuant to, and in accordance with—
(i)an agreement with the Secretary of State or the joint committee; or
(ii)a condition of a licence or other authorisation granted by a competent authority.
(6) In paragraphs (3) and (5), “the joint committee” means the Joint Nature Conservation Committee.]
Textual Amendments
F5Words in reg. 46(1) inserted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 8(a)
F6Reg. 46(3)-(6) inserted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 8(b)
47.—[F7(1) The Secretary of State must, as required in the light of information derived from monitoring carried out under regulation 46 or otherwise arranged for the purposes of Article 12(4) of the Habitats Directive, make arrangements for further research, or ensure that conservation measures are taken, for the purpose specified in paragraph (2).]
(2) The purpose referred to in paragraph (1) is to ensure that the capture or killing (as the case may be) of animals of a species listed in Annex IV(a) to the Habitats Directive which is incidental to any activity that takes place in the waters comprised in the offshore marine area does not have a significant negative impact on that species.
(3) In so far as the Scottish Ministers have any function which may be exercised for the purpose mentioned in paragraph (2), the obligation mentioned in paragraph (1) to ensure that conservation measures are taken applies to the Scottish Ministers as it applies to the Secretary of State.
(4) The obligation of the Secretary of State under paragraph (1) shall be treated as satisfied in so far as it has been met by the Scottish Ministers.
(5) In so far as any Northern Ireland department has any function which may be exercised for the purpose mentioned in paragraph (2), the obligation mentioned in paragraph (1) to ensure that conservation measures are taken applies to that department as it applies to the Secretary of State.
(6) The obligation of the Secretary of State under paragraph (1) shall be treated as satisfied in so far as it has been met by any Northern Ireland department.
(7) Before the Secretary of State exercises any relevant function for the purpose of complying with paragraph (1), he must first consult—
(a)the Scottish Ministers, in the case of a relevant function exercisable for the purpose referred to in paragraph (8)(a); or
(b)the Department of the Environment in Northern Ireland, in the case of a relevant function exercisable for the purpose referred to in paragraph (8)(b).
(8) In this regulation, “relevant function” means any function of the Secretary of State exercisable for the purpose of—
(a)securing any result which may instead be secured by the exercise of any function of the Scottish Ministers; or
(b)securing any result which may instead be secured by the exercise of any function of any Northern Ireland department.
Textual Amendments
F7Reg. 47(1) substituted (30.1.2009) by Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 (S.I. 2009/7), regs. 1, 9