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.