Other Marine Legislation

As of 21st August 2007, the UK Government brought into force the Offshore Marine Conservation Regulations and amended the Conservation (Natural Habitats, & c.) Regulations of 1994.

Until now, the UK had failed to fully implement the protective measures of the 1992 EC Habitats Directive beyond 12 nautical miles - the new regulations will be applicable from 12 - 200 nautical miles from shore and will additionally apply to all parts of the UK continental shelf (which in some places extends beyond 200nm).

The Offshore Marine Regulations will make it illegal to deliberately kill or significantly disturb a protected species (such as dolphins) in the offshore area. Whilst they also enable the designation and protection of areas that host certain important habitats and species, as Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) for wild birds, they will not enable the creation of Highly Protected Marine Reserves (HPMRs) where all extractive and damaging activities would be prohibited.

We are calling upon the Marine Bill to enable the creation of a series of HPMRs to provide the protection which the UK's marine life so desperately needs.
Click for further information on the Offshore Marine Regulations

The amended Conservation (Natural Habitats, & c.) Regulations of 1994, come in response to two judgements from the European Court of Justice (ECJ), which ruled that the species protection provisions in the Habitats Regulations were not compatible with the strict species protection regime required by Articles 12 and 13 of the Habitats Directive. A separate judgement ruled that trade of all species listed on Annex IV of the Directive should be prohibited and not just those found in Great Britain.

The revised regulations have amended the offences, provided further defences, considered licensing, surveillance, protection and enforcement and subsequently amended the Wildlife & Countryside Act 1981.
Click here for further information on the regulations

Both Regulations have a revised definition of disturbance and the Offshore Marine Regulations extend the offence to areas of UK jurisdiction beyond 12 nm. It is now an offence (under regulation 39(1)(b) of both to deliberately disturb wild animals of a European Protected Species (EPS, species in the Annex IV of the Habitats Directive) 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.

As such the Joint Nature Conservation Committee (JNCC) have recently conducted a public consultation Guidance for English and Welsh territorial waters and the UK offshore marine area.
To read Marine Connection’s response click here