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The deliberate disturbance of marine European Protected Species

Guidance for English and Welsh territorial waters and the UK offshore marine area 

 

Amendments to the Habitats Regulations for England and Wales and the new Offshore Marine Regulations came into force on 21 August 2007. Both Regulations revised the definition of disturbance of European Protected Species (EPS). These are species listed on the Annex IV to the Habitats Directive and include all species of cetaceans and turtles occurring in European waters and the Altantic sturgeon.

 

It is now an offence to deliberately disturb wild animals of EPS in such a way as to be likely significantly to affect:

 

a) the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young; or

b) the local distribution or abundance of that species.

 

The JNCC (with input from Natural England and Countryside Council for Wales) is required to provide advice on interpreting regulation 39(1)(b) from the point of view of nature conservation, by drafting guidance for those carrying out activities in the marine environment, to help determine when an offence might be committed, how it can be avoided and, if appropriate, when a wildlife licence might be required.

 
Final guidance underwent a public consultation between 12 March2008 and 4 June2008. Feedback from the consultation is being considered at the moment.  Final guidance will be published later this year.
 
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