NEWS RELEASE
Date: 22 June 2007
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Greater conservation for European protected species
Dolphins, marine turtles, otters and other European Protected Species** are to benefit from increased protection from this summer.
Stronger laws will be created for the protection of European Protected Species and their habitats. These new laws, which implement EU legislation, will be brought in on 21 August 2007, by changes to the Habitats Regulations, and introduction of the new Offshore Marine Conservation Regulations.
People will now have to consider, in a wider range of circumstances, the presence of these protected species and their breeding sites or resting places.
Anyone who wishes to possess specimens of a protected species will now need a genuine reason for doing so, and will have to demonstrate this is compatible with the Regulations. Tougher rules on the trading of protected European species which are non-native to the UK*** will act as a deterrent to the killing or taking of such species from the wild.
Biodiversity Minister, Barry Gardiner, said:
“The changes to the Habitats Regulations will provide improved protection for European Protected Species, and just as importantly, improved protection for their habitats. Those carrying out activities that may affect these species will now have to consider whether the activity is really necessary. If it is, and the potential effects on these species cannot be avoided, they should apply for a licence from the relevant authority.”
The new Offshore Marine Conservation Regulations will extend protection out to 200 nautical miles.
Marine and Fisheries Minister, Ben Bradshaw, said:
“Protection is being given to marine species, wild birds and habitats mainly through tougher laws and improved protection of the marine environment. To help do this we will also be identifying and protecting a number of Special Areas of Conservation and Special Protection Areas in the offshore area. We will consult on the first seven draft sites later this year.
“The new Offshore Marine Conservation Regulations apply to all sea users in the offshore area and prohibit the deliberate killing or disturbance of European Protected Species, including dolphins, turtles and sturgeon.”
Notes to editors
1) These two sets of Regulations will fulfil our obligation to fully transpose the Habitats Directive, following a judgement of the European Court of Justice. Both sets of Regulations prohibit deliberate capture and killing of protected species, or damage to their breeding sites and resting places. “Deliberate” has a broad meaning in this context having been interpreted by the European Court of Justice to include “accepting the possibility” of such capture or killing even when it was not intended (see paragraph 71 of ECJ case C-221/04).
It will no longer be a defence to show that the killing, capture or disturbance of such species or the destruction or damage of their breeding sites or resting places was the incidental and unavoidable result of a lawful activity.
Sea fishing is a European Community competence. Therefore the offences in these Regulations will not apply to fishing causing bycatch of protected species (non intentional capture or killing), provided those responsible for it have taken any reasonable steps to comply with Community legislation regulating fishing activity.
2) ** European Protected Animals (whose natural range includes GB):
Bats, Horseshoe (all species) Rhinolophidae
Bats, Typical (all species) Vespertilionidae
Common Otter Lutra lutra
Dolphins, porpoises and whales (all species) Cetacea
Dormouse (but not edible or fat dormouse) Muscardinus avellanarius
Great crested newt (or warty) Triturus cristatus
Large Blue Butterfly Maculinea arion
Marine Turtles Caretta caretta, Chelonia mydas, Lepidochelys kempii, Eretmochelys imbricate, Dermochelys coriacea
Natterjack Toad Bufo calamita
Sand Lizard Lacerta agilis
Smooth Snake Coronella austriaca
Sturgeon Acipenser sturio
Wild cat Felis silvestris
** European Protected Plants (whose natural range includes GB):
Creeping Marshwort
Early Gentian
Fen Orchid
Floating leaved water Plantain
Killarney Fern
Lady's Slipper
Shore Dock
Slender Naiad
Yellow Marsh Saxifrage
***European Protected Species are defined in our legislation as species listed in Annex IV to the Habitats Directive whose natural range includes any area in GB. Note that the possession, control, transport, sale and exchange offences in the new Regulations are not limited to species whose natural range includes GB. Hence the use of “protected European species” in the paragraph above relating to the trade of non-natives.
3) Amendments to Habitats Regulations
For more information on the amendments to the Habitats Regulations: http://www.defra.gov.uk/wildlife-countryside/ewd/index.htm
For licences in England, issued by Natural England further information is available on:
http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/default.htm
For advice and further information contact:
Wildlife Management and Licensing Service, Natural England, Burghill Road, Westbury-on-Trym, Bristol. BS10 6NJ Tel: 0845 6014523 (local rate)
For licences in Wales:
Species Protection Team, Countryside Council for Wales, Maes Y Ffynnon, Penrhosgarnedd, Bangor. Gwynedd LL57 2DW 01248 385653 http://www.ccw.gov.uk
Or:
Nature Conservation & Biodiversity Branch, Environment, Conservation & Management Division, Welsh Assembly Government, Unit 9 Cefnllan Science Park Aberystwyth SY23 3AH 01970 610216
4) The Offshore Marine Conservation Regulations
For more information on the Offshore Marine Conservation Regulations:
http://www.defra.gov.uk/marine/biodiversity/index.htm
The Marine and Fisheries Agency will be responsible for issuing wildlife licences under these Regulations. Certain strict tests will have to be met for a licence to be issued in order to ensure that the affected species are adequately protected. http://www.mfa.gov.uk
5) Offshore Marine Special Areas of Conservation
The Joint Nature Conservation Committee, responsible for the identification of Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) beyond 12nm from the coast, is due to consult on the first tranche of seven draft offshore marine SACs later this year.
The seven draft SACs are: North Norfolk Sandbanks and Saturn Reef, Haig Fras, Darwin Mounds, Wyville Thomson Ridge, Braemar Pockmarks, Scanner Pockmark, and Stanton Banks.
These areas contain rare and/or threatened habitats within the marine environment which require protection from certain impacting activities.
Information on the consultation process will be made available at: www.jncc.gov.uk/marineconsult
End
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Page published: 22 June 2007