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4. After regulation 9 (meaning of “European Site” in these Regulations) insert—
9A.—(1) The Department shall make arrangements for the surveillance of the conservation status of natural habitats of Community interest and species of Community interest, and in particular priority natural habitat types and priority species.
(2) Where, in the case of any species of wild fauna and flora listed in Annex V to the Habitats Directive, the Department considers that the results of surveillance arranged under paragraph (1), or otherwise arranged for the purpose of Article 11 of the Habitats Directive, makes it necessary to do so, it shall make arrangements for ensuring that the taking in the wild of specimens of such species, and their exploitation, is compatible with their being maintained at a favourable conservation status.
(3) Any arrangements to be made under paragraph (2) shall include arrangements for the continuation of the surveillance under paragraph (1), for the purpose of establishing whether the taking in the wild of specimens of such species, and their exploitation, are compatible with their being maintained at a favourable conservation status.
(4) The Department shall, from time to time, review the arrangements made under paragraphs (1), (2) and (3) and if appropriate, revise those arrangements.
(5) In this regulation in relation to any marine area for the words “the Department” where they occur substitute “the Secretary of State”.”
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