Offshore Marine Regulations 2017
Certain marine species found more than 12 nautical miles from Scotland’s coastline are protected under the Offshore Marine Regulations 2017.
Certain marine species found more than 12 nautical miles from Scotland’s coastline are protected under the Offshore Marine Regulations 2017.
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2017 implement the species protection requirements of the Habitats and Birds Directives offshore (more than 12 nautical miles from the coast).
The Offshore Marine Regulations apply to:
The protection given by this legislation is not the same as the protection given species found in Scotland’s territorial (inshore) waters.
You can see our summary of offences in relation to marine protected species below. For the definitive list of offences, you should consult the actual legislation.
The schedules attached to the Offshore Marine Regulations categorise the protection given to certain species:
Under Part 3 of the Offshore Marine Regulations, it is an offence to:
It is also illegal to use with any European protected species, wild bird species or Schedule 3 species:
There are various exceptions to – or defences against – the offences set out by the legislation, including:
You will have to prove that there was no satisfactory alternative and that your actions were compatible with the species being maintained at a favourable conservation status.
Scottish Ministers may grant licences to permit activities that would otherwise constitute an offence under the Offshore Marine Regulations.
Before a licence can be issued:
JNCC may approach NatureScot for advice on some occasions – for example, where a licence application affects species using inshore waters as well as offshore waters.