The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2009

Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

6.  In regulation 36A (monitoring incidental capturing and killing)—

(a) in paragraph (1), after “arrangements”, insert “in accordance with paragraphs (1A) and (1B)”;

(b) after paragraph (1) insert—

“(1A) The Department shall, in relation to the species of animals listed in Annex IV(a) to the Habitats Directive which are found in Northern Ireland—

(a) identify the risks of incidental capture and incidental killing to which those species are subject, and the activities which give rise to such risks;

(b) maintain a record of instances of incidental capture or incidental killing of animals of those species;

(c) assess to what extent monitoring of incidental capture and incidental killing is needed, having regard to—

(i) the risks identified under sub-paragraph (a);

(ii) the instances of incidental capture or incidental killing recorded under sub-paragraph (b);

(iii) whether the species is a priority species; and

(iv) the conservation status of the species; and

(d) ensure that monitoring of incidental capture and incidental killing is carried out.

(1B) Monitoring for the purposes of this regulation may be carried out by—

(a) the Department;

(b) any other competent authority; or

(c) any other person acting pursuant to, and in accordance with—

(i) an agreement with the Department; or

(ii) a condition of a licence or other authorisation granted by a competent authority.”; and

(c) for paragraph (4) substitute—

“(4) In this regulation, in relation to any marine area—

(a) for the words “the Department” where they occur substitute “the Secretary of State” (but see subparagraph (b));

(b) the activities referred to in paragraphs (1A)(a) to (c) and (1B)(a) shall be carried out by the Department on behalf of the Secretary of State.”.