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.