There are a number of mechanisms to protect
European offshore marine sites under the Offshore Marine Conservation (Natural Habitats,
& c.) Regulations 2007. These may have an effect on
stakeholders as follows:
- Competent authorities must establish the
conservation measures they consider necessary to enable the species
or habitats for which a site is designated to achieve favourable
conservation status. They must also ensure that appropriate steps
are taken to avoid the deterioration of habitat, or the
disturbance of
species for which a site is designated, in so far as such
disturbance could significantly affect the conservation of the
species;
- Competent authorities which grant
authorisations for activities (e.g. licences), such as Government
departments, Devolved Administrations or any other body exercising
public functions, have to ensure that Appropriate Assessments are
carried out in respect of activities in the offshore marine area
where they are likely to have a significant effect on Natura sites.
If the competent authority is unable to rule out an adverse effect
on the integrity of a European offshore marine site or European
site (a terrestrial site or a site within 12 nautical miles), the
activity can only be authorised when there is no alternative and if
there are imperative reasons of overriding public interest. Should
this be the case, compensatory measures must be taken to maintain
the integrity of the Natura 2000 network of sites. Competent
authorities must also review certain authorisations that were
granted before a site was designated as a European offshore marine
site or a European site i.e. where the integrity of the site might
be affected by the authorised activity;
- Management schemes may be set up by competent
authorities, which set out how they will carry out their functions,
in a way that will provide protection to a site.
- Site specific guidance may be provided by
JNCC or by competent authorities (about industry issues) to try to
ensure that marine users do not cause damage or deterioration to a
site;
- A site offence has been introduced which
covers activities that would otherwise be unregulated, e.g.
research activities, scuba diving, recreational activities. Under
this offence, the disturbance of
wild animals or wild birds for which the site is
designated is prohibited. The disturbance must be such that it is
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 likely significantly to affect the local
distribution or abundance of that species.
It is also an offence under this provision to
intentionally or recklessly damage or destroy the habitat for which
the site is being protected or a habitat upon which the protected
marine species or wild bird for which the site is designated is
dependent.
Information on European marine sites’ management status is
available through JNCC.