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

Monitoring incidental capture and killing U.K.

46.—(1) The Secretary of State must make arrangements [F1 in 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.

[F2 (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

F1 Words 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)

F2 Reg. 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)