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

Re-introduction of species

69.—(1) If the Secretary of State considers that re-introducing a species to which this regulation applies into any part of the waters comprised in the offshore marine area might contribute to the conservation of that species, he—

(a) must make arrangements for a study to be carried out to consider the desirability of doing so; and

(b) may, if he considers it appropriate, carry out or cause to be carried out an investigation in accordance with paragraph (5) for the purpose of ascertaining whether the re-introduction of the species would contribute effectively to re-establishing the species at a favourable conservation status.

(2) Paragraph (3) applies if the study under paragraph (1)(a) concludes that any such re-introduction would be desirable—

(a) whether in the light of an investigation carried out under paragraph (1)(b); or

(b) where no such investigation has been carried out, subject to such an investigation being carried out and reaching a conclusion in the affirmative.

(3) Where this paragraph applies, and subject to paragraph (4), the Secretary of State may make arrangements to re-introduce the species into such waters after—

(a) carrying out such an investigation; and

(b) consulting such persons as he considers may have an interest in the re-introduction.

(4) The Secretary of State must not proceed with the re-introduction unless the conclusion of the investigation carried out under paragraph (1)(b) is in the affirmative.

(5) Any investigation under paragraph (1)(b) must—

(a) consider whether the species concerned has been re-introduced in the territory of other member States or elsewhere; and

(b) take account of any evidence relating to any such re-introductions which is relevant for the purposes of the investigation.

(6) This regulation applies to such species in Annex IV of the Habitats Directive as are native to the offshore marine area.