The Offshore Habitats
Regulations fulfil the UK’s duty to comply with European law beyond
inshore waters and ensure that activities regulated by the UK that
have an effect on important species and habitats in the offshore
marine environment can be managed. Under the Regulations, competent
authorities i.e. any Minister, government department, public body,
or person holding public office, have a general duty, in the
exercise of any of their functions, to have regard to the EC
Habitats and Birds Directives.
Designation of sites to protect
important habitats and species
The Regulations enable the
designation and protection of areas that host habitats and species
of European importance in the offshore marine area. Once designated
these sites will be known as:
In the offshore marine area,
these sites are defined collectively in the Regulations as
‘European offshore marine sites’ and, together with all other
terrestrial and marine SACs and SPAs across the EU, will form a
network of sites known as Natura 2000.
To prevent damage to these
sites, competent authorities that grant authorisations for
activities in the offshore area will have to ensure that any
licences that are issued or reviewed do not result in an adverse
effect on a site’s integrity. Other measures may also be taken to
protect sites, such as conservation measures, management schemes
and guidance. In addition, a new offence covers otherwise
unregulated activities, such as research activities and scuba
diving, and prohibits damage to protected species and habitats in a
site. More detail on these site
protection measures and European marine sites’ management status is
available through JNCC.
The Joint Nature
Conservation Committee (JNCC) is the Government’s scientific
adviser on marine nature conservation issues in the offshore area.
JNCC will play a key role in identifying
SACs and identifying SPAs and providing guidance and
advice to marine stakeholders on conservation matters relating to
these Regulations.
Protection of species
There are a number of
provisions in the Regulations that will protect marine species and
wild birds from harmful activities, by the introduction of new
offences. Wild animals known as European protected species (listed
in the Annex IV of the Habitats Directive) will be protected in the
offshore marine area. These animals are cetacea (whales, dolphins,
porpoises), marine turtles and the common sturgeon. Wild Birds will
receive similar protection. It will be an offence to:
- deliberately capture,
injure or kill any wild bird or any wild animal of a European
protected species;
- deliberately disturb
animals of European protected species in such a way as to be likely
significantly to affect the ability of any significant group of
animals of that species to survive, breed or rear or nurture their
young, or the local distribution or abundance of the species;
(JNCC guidance
on deliberate disturbance of marine European Protected Species
is available)
- damage or destroy, or do
anything to cause the deterioration of a breeding site or resting
place of a European Protected species;
- take, damage or destroy the
nest of any wild bird while that nest is in use or being
built;
- take or destroy an egg of
any wild bird or deliberately take or destroy the eggs of a
European protected species;
- keep or transport, sell or
offer for sale any live or dead wild bird (or egg), European
protected species, or certain plants which were taken from the
wild, or any part of or anything derived from such a wild bird,
animal or plant. (Certain populations of species are exempt from
these offences).
- deliberately introduce any
live non-native animal or plant which would
give rise to a risk of prejudice to natural habitats within their
natural range or a risk of prejudice to wild native flora or
fauna.
- take or kill certain wild
animals through indiscriminate or prohibited means such as through
use of explosives, poisons or semi-automatic weapons.
The Regulations take account
of the fact that the regulation of commercial fishing activities is
conducted in the framework of the Common Fisheries Policy (for
which the European Community has exclusive competence). Where
particular types of fishing in this area are having an
unintentional adverse affect on European Protected Species (such as
the common dolphin), the UK Government will put forward a case to
the European Commission seeking a closure or modification to a
particular fishing activity. This will allow a case by case
approach to the protection of European Protected Species from
fishing activities. The offences in these Regulations will not
therefore apply to fishing causing bycatch,
provided those responsible for it did not intend to bycatch
protected species and took any reasonable steps that could be taken
to comply with Community legislation regulating fishing activity
and bycatch. Any fisherman purposefully killing a protected species
(for example by shooting it) will still be liable to
prosecution.
Where further information and
guidance will be available
The
Defra website will provide a central point where further
guidance on the Offshore Marine Habitats Regulations can be
accessed as it becomes available.