Changes to habitat
regulations and new offshore marine conservation regulations
DEPARTMENT FOR
ENVIRONMENT, FOOD AND RURAL AFFAIRS News Release (224/07) issued by
The Government News Network on 20 July 2007
Information Bulletin
Dolphins, marine turtles, otters and other European Protected
Species** are to benefit from increased protection from this summer.
Stronger laws will be created for the protection of European
Protected Species and their habitats. Defra is reminding people
that they will be brought into force on 21 August 2007.
These new regulations implement EC legislation (the Habitats
Directive), by making changes to the Habitats Regulations, and by
introducing the new Offshore Marine Conservation Regulations.
The removal of defences from the Habitats Regulations will mean
that those carrying out activities that may have the effect of
killing, capturing or disturbing, or damaging or destroying a
breeding site or resting place of these species will now have to
give greater consideration to whether the risk that their proposed
activity may have such effects on these species can be avoided.
It is recommended that operators follow good practice guidance
issued by Natural England and the Forestry Commission. This gives
advice on assessing the presence of European Protected Species,
assessing the possible impact of operations and practical
strategies for avoiding committing offences. If an offence cannot
be avoided the operator may seek a licence.
The new Offshore Marine Conservation Regulations will extend
protection to marine species, wild birds and habitats out to 200
nautical miles. A number of Special Areas of Conservation and
Special Protection Areas in the offshore area will be identified
and protected. The Joint Nature Conservation Committee will
consult on the first seven draft sites later this year.
Notes to editors
1) Amendments to Habitats Regulations
For more information on the amendments to the Habitats
Regulations: http://www.defra.gov.uk/wildlife-countryside/ewd/index.htm
For licences in England, issued by Natural England further
information is available on:
http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/default.htm
For advice and further information contact:
Wildlife Management and Licensing Service, Natural England,
Burghill Road, Westbury-on-Trym, Bristol. BS10 6NJ Tel: 0845
6014523 (local rate)
For licences in Wales:
Species Protection Team, Countryside Council for Wales, Maes Y
Ffynnon, Penrhosgarnedd, Bangor. Gwynedd LL57 2DW 01248 385653 http://www.ccw.gov.uk
Or:
Nature Conservation & Biodiversity Branch, Environment,
Conservation & Management Division, Welsh Assembly Government,
Unit 9 Cefnllan Science Park Aberystwyth SY23 3AH 01970 610216
2) The Offshore Marine Conservation Regulations
For more information on the Offshore Marine Conservation Regulations:
http://www.defra.gov.uk/marine/biodiversity/index.htm
The Marine and Fisheries Agency will be responsible for issuing
wildlife licences under these Regulations. Certain strict tests
will have to be met for a licence to be issued in order to ensure
that the affected species are adequately protected. http://www.mfa.gov.uk
3) These two sets of Regulations will fulfil our obligation to
complete our transposition of the Habitats Directive, following a
judgment of the European Court of Justice. Both sets of
Regulations prohibit deliberate capture and killing of protected
species, or damage to their breeding sites and resting places.
"Deliberate" has a broad meaning in this context having
been interpreted by the European Court of Justice to include
"accepting the possibility" of such capture or killing
even when it was not intended (see paragraph 71 of ECJ case C-221/04).
Sea fishing is an area of exclusive European Community competence
under the EC Common Fisheries Policy. Therefore the offences in
these Regulations will not apply to fishing causing bycatch of
protected species (non-intentional capture or killing), provided
those responsible for it have taken any reasonable steps that can
be taken to comply with Community legislation regulating fishing activity.
4) ** European Protected Animals (whose natural range includes GB):
Bats, Horseshoe (all species) Rhinolophidae
Bats, Typical
(all species) Vespertilionidae
Common Otter Lutra
lutra
Dolphins, porpoises and whales (all species)
Cetacea
Dormouse (but not edible or fat dormouse) Muscardinus
avellanarius
Great crested newt (or warty) Triturus
cristatus
Large Blue Butterfly Maculinea arion
Marine
Turtles Caretta caretta, Chelonia mydas, Lepidochelys kempii,
Eretmochelys imbricate, Dermochelys coriacea
Natterjack Toad
Bufo calamita
Sand Lizard Lacerta agilis
Smooth Snake
Coronella austriaca
Sturgeon Acipenser sturio
Wild cat
Felis silvestris
** European Protected Plants (whose natural range includes
GB):
Creeping Marshwort Apium repens
Early Gentian
Gentianella anglica
Fen Orchid Liparis loeselii
Floating
leaved water Plantain Luronium natans
Killarney Fern
Trichomanes speciosum
Lady's Slipper Cypripedium
calceolus
Shore Dock Rumex rupestris
Slender Naiad Najas
flexilis
Yellow Marsh Saxifrage Saxifraga hirculus
***European Protected Species are defined in our legislation as
species listed in Annex IV to the Habitats Directive whose natural
range includes any area in GB. Note that the possession, control,
transport, sale and exchange offences in the new Regulations are
not limited to species whose natural range includes GB. Hence the
use of "protected European species" in the paragraph
above relating to the trade of non-natives.
5) Offshore Marine Special Areas of Conservation
The Joint Nature Conservation Committee, responsible for the
identification of Special Areas of Conservation (SACs) and Special
Protection Areas (SPAs) beyond 12nm from the coast, is due to
consult on the first tranche of seven draft offshore marine SACs
later this year.
The seven draft SACs are: North Norfolk Sandbanks and Saturn
Reef, Haig Fras, Darwin Mounds, Wyville Thomson Ridge, Braemar
Pockmarks, Scanner Pockmark, and Stanton Banks.
These areas contain rare and/or threatened habitats within the
marine environment which require protection from certain impacting activities.
Information on the consultation process will be made available
at: http://www.jncc.gov.uk/marineconsult
Public enquiries 08459 335577;
Press notices are available on
our website http://www.defra.gov.uk
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