PART 4Additional protection of habitats and wild animals and plants
Surveillance and monitoring
Monitoring of incidental capture and killing52
1
The appropriate authority must make arrangements in accordance with paragraphs (4) to (6) to establish a system to monitor the incidental capture or killing of animals of the species listed in Annex IV(a) to the Habitats Directive.
2
In respect of the arrangements made by the Secretary of State under paragraph (1), the Secretary of State must, from time to time—
a
consult the devolved administrations;
b
provide the devolved administrations with such information as the Secretary of State considers appropriate that has been derived from the monitoring which has been arranged; and
c
review those arrangements and, if appropriate, revise them.
3
In respect of the arrangements made by the Welsh Ministers under paragraph (1), the Welsh Ministers must, from time to time—
a
consult the Secretary of State and the other devolved administrations;
b
provide the Secretary of State and the other devolved administrations with such information as the Welsh Ministers consider appropriate that has been derived from the monitoring which has been arranged; and
c
review those arrangements and, if appropriate, revise them.
4
The appropriate nature conservation body must, in relation to the species of animals listed in Annex IV(a) to the Habitats Directive which are found in England or Wales—
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 nature conservation body is aware as a result of the surveillance carried out under regulation 50, 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 appropriate authority as to the need for such monitoring.
5
The appropriate authority must ensure that the necessary monitoring of incidental capture and killing is carried out.
6
Monitoring for the purposes of this regulation may be carried out by—
a
a nature conservation body;
b
any other competent authority;
c
any other person acting pursuant to, and in accordance with—
i
an agreement with the appropriate authority or a nature conservation body; or
ii
a condition of a licence or other authorisation granted by a competent authority.