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

PART 4 ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS

Duties relating to surveillance and monitoring

Surveillance of conservation status of habitats and species

44.—(1) In relation to the offshore marine area, the Secretary of State must make arrangements 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.

Protection of certain animals and plants from exploitation

45.—(1) If the Secretary of State considers it necessary, in the light of information derived from surveillance arranged under regulation 44(1) or otherwise arranged for the purposes of Article 11 of the Habitats Directive, he must 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) Where the Secretary of State considers that measures are necessary under paragraph (1), he 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.

Monitoring incidental capture and killing

46.—(1) The Secretary of State must make arrangements 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.

Protection from incidental capture and killing

47.—(1) If the Secretary of State considers it necessary in the light of information derived from monitoring arranged under regulation 46(1) or otherwise arranged for the purposes of Article 12(4) of the Habitats Directive, he must 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.

Introduction of new species

Introduction of new species

48.—(1) Subject to regulation 49(11)—

(a) a person on an offshore marine installation commits an offence if he deliberately introduces into any relevant part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964(1) any live animal or plant of a kind having a natural range that does not include those waters; and

(b) a person in, or on board a ship in, any relevant part of the waters comprised in the offshore marine area commits an offence if, other than in accordance with paragraph (3), he deliberately introduces into any part of those waters any live animal or plant of a kind having a natural range that does not include those waters.

(2) For the purposes of paragraph (1), “relevant part” means any part where the introduction would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere).

(3) An introduction is in accordance with this paragraph if—

(a) it resulted from a discharge of water carried as ballast and the discharge was necessary for the purpose of protecting the safety of any person or ship; and

(b) all reasonably practicable steps were taken—

(i) to avoid its occurring in an area where it would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere); and

(ii) to minimise any risk of such prejudice.

(4) In any proceedings for an offence under paragraph (1)(b), a court must have regard to any guidance issued by the Secretary of State for the purposes of this paragraph about steps which may be taken to avoid committing an offence under paragraph (1)(b).

(5) In any proceedings for an offence under paragraph (1)(b), it is for the defendant to show that the introduction in question was in accordance with paragraph (3).

(6) A person guilty of an offence under this regulation is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(7) This regulation does not apply to any person on board a third country ship.

(1)

1964 c. 29. Section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23) section 37 and Schedule 3, paragraph 1. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 and 2001/3670.