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Offshore Marine Regulations 2007

The Offshore Marine Regulations 2007 external site  (as amended) (OMRs) implement the species protection requirements of the Habitats and Birds Directives in the offshore marine area, offshore marine installations and certain ships and crafts.  This law affords protection to certain marine species found beyond 12 nautical miles from the Scottish coastline.  However the law is not identical to that given to species using Scottish territorial (inshore) waters.  Please note that the following is only a summary of some of the main areas of the law. 

The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 external site (as amended) detail the law in relation to oil and gas activities carried out on the UK continental shelf. 

The Schedules

Like the Habitats Regulations 1994 (as amended in Scotland) which transpose the requirements of the Habitats Directive into Scots law, the OMRs have Schedules attached to them.  These Schedules categorise the protection afforded to certain species.

  • Schedule 1 - European protected species (EPS) of animals
  • Schedule 2 - Excluded populations of certain species
  • Schedule 3 - Animals which may not be taken or killed in certain ways

 Note:  There are no EPS of plants in these regulations.

The offences

Under Part 3 of the OMRs, it is an offence to:

  • deliberately capture, kill or injure a wild EPS or any wild bird;
  • deliberately damage or destroy a bird's nest whilst it's in use or being built;
  • damage or destroy, or cause deterioration of the breeding sites or resting places of an EPS;
  • deliberately take or destroy the eggs of an EPS or any wild bird; 
  • deliberately disturb EPS (in particular disturbance which is likely to impair their ability to survive, breed, reproduce, nurture their young, migrate or hibernate, or which might affect significantly their local distribution or abundance);
  • keep, transport, sell or exchange live or dead specimens or items derived from a bird or any species of plant or animal listed on Annex IV of the Habitats Directive.

Also like the Habitats Regulations, certain methods of killing or taking EPS or wild birds, or those species listed on Schedule 3 to the OMRs are illegal.  Further, any means of capturing or killing which is indiscriminate and capable of causing the local disappearance of, or serious disturbance to any species of wild bird or a population of EPS or Schedule 3 species is not allowed. 

A range of defences apply including a netsman's defence and those in relation to tending injured animals and birds and humane destruction and disposal of those which are seriously injured with no reasonable chance of recovery.  In these instances it's necessary to prove that no satisfactory alternatives were available and that the actions were compatible with the species being maintained at a favourable conservation status.

Guidance on what constitutes deliberate disturbance to EPS external site , or damage, destruction or causing deterioration of a breeding site or resting place of an EPS is being produced by the Joint Nature Conservation Committee (JNCC).

Licences

Licences may be granted by the Secretary of State which would allow otherwise illegal activities to go ahead.  Certain tests must all be passed before a licence can be issued which vary according to the species concerned.  In addition, the Secretary of State must seek advice from JNCC on whether a licence should be granted.  JNCC may approach us for advice on some occasions (e.g. where the licence application affects species using inshore as well as offshore waters).

Enforcement

Penalties for the various offences under the OMRs vary according to the species and crime involved.  Investigations are undertaken by 'wildlife officers' appointed by the Secretary of State who have a range of powers including the power to enter and inspect ships and marine installations to ascertain if an offence has been committed.