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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

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