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

Monitoring incidental capture and killing U.K.

46.—(1)  [F1 The relevant administration] must make arrangements [F2 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) [F3 The relevant administration] must, from time to time—

(a) consult [F4 the other administrations] about the arrangements [F5 it] has made under paragraph (1);

(b) provide [F4 the other administrations] with such information as [F5 it] considers appropriate derived from the monitoring arranged by [F6 it] under paragraph (1); and

(c) review the arrangements [F5 it] has made under paragraph (1) and, if [F5 it] thinks it appropriate, revise those arrangements.

[F7 (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 [F8 the relevant administration] as to the need for such monitoring.

(4) [F9 The relevant administration] 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 [F10 the relevant administration] or the joint committee; or

(ii) a condition of a licence or other authorisation granted by a competent authority.]

[F11 (5A) Before the Secretary of State exercises any functions in relation to a matter in relation to which functions are also exercisable by the Scottish Ministers under this regulation, the Secretary of State must consult the Scottish Ministers.

(5B) The obligations of the Secretary of State under this regulation in relation to the Scottish offshore region are to be treated as satisfied in so far as corresponding obligations of the Scottish Ministers have been met by them.]

[F12 (6) In this regulation—

(a) in paragraphs (3) and (5), “the joint committee” means the Joint Nature Conservation Committee;

(b) “the other administrations” means the administrations other than the relevant administration, and for this purpose “the administrations” means the Secretary of State and the devolved administrations; and

(c) “the relevant administration” means—

(i) in relation to the monitoring of activity taking place in the offshore marine area, the Secretary of State; and

(ii) in relation to the monitoring of activity taking place in the Scottish offshore region, the Scottish Ministers;]

Textual Amendments

F1 Words in reg. 46(1) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(a)

F2 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)

F3 Words in reg. 46(2) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(a)

F4 Words in reg. 46(2)(a)(b) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(b)(ii)

F5 Words in reg. 46(2)(a)-(c) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(b)(i)

F6 Word in reg. 46(2)(b) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(b)(iii)

F7 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)

F8 Words in reg. 46(3)(d) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(a)

F9 Words in reg. 46(4) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(a)

F10 Words in reg. 46(5)(c)(i) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(a)

F11 Reg. 46(5A)(5B) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(c)

F12 Reg. 46(6) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 22(d)