WIREDGOV

• the Marine Management Organisation (MMO) will be responsible licensing in the marine environment (this applies to all activities undertaken seaward of the mean low water mark), and
• Natural England will be responsible for licensing in the terrestrial environment (this applies to all activities undertaken landward of the mean low water mark)

If you are interested in applying for a licence for a species that is found in both the marine and terrestrial environments then who you apply to for a licence depends where you want to carry out the activity.

For example, cormorants spend time at sea and on land, but are sometime shot under licence to protect fisheries in the vicinity of inland waterways where predation occurs. In this case the licensing authority will be Natural England.

If you need further information about marine licensing by the Marine Management Organisation, please contact Claire Bowers (Tel: 0191 3762512; email: clarie.bowers@mfa.gsi.gov.uk).

Changes to General licences

Natural England issues a series of General Licences, allowing people to carry out activities that affect protected species without the need to apply for a personal licence. From 1 April 2010, Natural England’s general licences will only permit activities undertaken landward of the mean low water mark. The Marine Management Organisation will be responsible for licensing activities seaward of this mark.

Questions and Answers

Please read the following important advice before contacting the Natural England Licensing Unit with a query about licensing in the marine environment:

Question 1: What happens to Natural England licences that expire after 31 March 2010?

Answer: All licences issued by Natural England with expiry dates after 31 March 2010 remain valid until expiry date stated on the licence (unless they are revoked by the Marine Management Organisation).

Question 2: What happens if I need to amend or extend my Natural England licence after 31 March?

Answer: After 31 March only the Marine Management Organisation (MMO) can amend licences issued by Natural England for species or activities in the marine environment. You will need to contact the MMO for advice.

Question 3: What happens to licence applications submitted to Natural England before 1 April 2010?

Answer: Natural England will endeavour to assess all marine licence applications it receives prior to the 1 April by that date. Any that have not been completed will be passed to the Marine Management Organisation for completion (as Natural England will no longer have the legal authority to issue licences). Natural England will, however, work closely with the MMO to ensure that these applications are processed within the normal 30 working day deadline. Any applications received by Natural England after the 31 March will be transferred to the MMO.

Question 4: What happens if the species I want a licence for is found both landward and seaward of the mean low water mark; who do I apply to for a licence from?

Answer: This will depend on where you want to undertaken the licensed activity.

1) If you only want to undertake the activity on one side or other of the mean low water mark ‘boundary’ then you apply only to the licensing team responsible for that area.

2) If you want to undertake the activity on both sides of the boundary then you should, in the first instance, contact either the Marine Management Organisation (if mostly taking place below MLWM) or Natural England (if mostly taking place above MLWM) for advice.

Question 5: Under which laws will the Marine Management Organisation issue licences?

Answer: From the 1 April the Marine Management Organisation (MMO) will consider all applications for licences for activities taking place seaward of the mean low water mark for the following legislation:

• Wildlife and Countryside Act 1981 (as amended)

• Conservation of Habitats and Species Regulations 2010 (please note that these regulations replace the Conservation (Natural Habitats &c.) Regulations 1994)

and all applications for licences under

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

• The Conservation of Seals Act 1970 (except for seals in rivers, which Natural England will continue to administer on behalf of the MMO)