Marine Wildlife Licensing

Who regulates marine wildlife licences?

Responsibility for marine wildlife licensing in Northern Ireland sits with DAERA Marine and Fisheries Division. Wildlife licensing for protected terrestrial animals, birds and plants remains the responsibility of the Northern Ireland Environment Agency (NIEA).

When do you need a wildlife licence?

A wildlife licence may be needed if your activity could disturb, injure, take, transport or otherwise affect a protected marine species. Licences are only issued where legal requirements are met and no satisfactory alternative exists.

You should consider mitigation measures first to avoid or minimise impacts on protected species. A wildlife licence should generally be regarded as a last resort where impacts cannot be avoided and the activity still needs to proceed.

Marine Protected Species

Marine Protected Species are listed in the schedules to the following legislation:

• The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) (the Habitats Regulations) | legislation.gov.uk
• The Wildlife (Northern Ireland) Order 1985 (as amended) (the Wildlife Order) | legislation.gov.uk

The level of protection varies between species. In some cases, protection applies only within specific sites. For highly mobile species, protection may apply wherever they are found.

The table below summarises marine species currently protected under nature conservation legislation and the offences that may be committed through deliberate or reckless acts.

Species Group	Marine Species	Legislation	Offences
European Protected Species	All whales, dolphins and porpoises All marine turtles	Habitats Regulations - Schedule 2	Kill, injure, disturb, take, transport, trade
Seals	Common (Harbour) seals	Habitats Regulations - Schedule 3	Kill or take by specific methods
	Grey seals	Wildlife Order - Schedules 5, 6 & 7	Kill, injure, disturb, take, transport, trade
Sharks	Basking shark	Wildlife Order - Schedules 5, 6 & 7	Kill, injure, disturb, take, transport, trade
Angel shark	Wildlife Order - Schedule 5	Kill, injure, take, (within coastal waters – 6 nautical miles)
Skates	Common skate	Wildlife Order – Schedule 5	Kill, injure, take, (within coastal waters – 6 nautical miles)
Seahorses	Short snouted seahorse Spiny seahorse	Wildlife Order – Schedules 5, 6 & 7	Kill, injure, take, transport, trade
Lobster	Spiny lobster	Wildlife Order – Schedule 5, 6 & 7	Kill, injure, take, transport, trade
Mussels	Fan mussel	Wildlife Order – Schedule 5, 6 & 7	Kill, injure, take, transport, trade
Sea urchin	Common sea urchin	Wildlife Order - Schedule 7	Transport or trade

In addition to the offences listed in the table, it is an offence to knowingly provide false information when applying for a wildlife licence or to breach any licence condition.

Under both the Wildlife Order and the Habitats Regulations, an offence is deemed to have been committed in the place where the offender is found or first brought after committing the offence.

Activities that may require a licence

Habitats Regulations licences

Regulation 40 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) allows the Department to issue licences for activities including:

• introducing protected species to particular areas;
• protecting zoological or botanical collections;
• preserving public health or public safety;
• imperative reasons of overriding public interest, including social, economic or environmental reasons;
• preventing the spread of disease; and
• preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, pasture, property or fisheries.

Note: Following amendments introduced by the Fisheries Act 2020, licences cannot be granted for the killing, injuring or taking of seals (pinnipeds) for the purpose of preventing damage to fisheries.

Wildlife Order licences

Article 18 of the Wildlife (Northern Ireland) Order 1985 (as amended) allows the Department to issue licences for activities including:

• scientific, research or educational purposes;
• photography, filming and other recording activities;
• preventing the spread of disease;
• preserving public health or public safety;
• ringing, marking or examining marked wild animals;
• conserving wild animals or introducing them to particular areas;
• protecting zoological or botanical collections; and
• preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, pasture, property or fisheries.

Note: Following amendments introduced by the Fisheries Act 2020, licences cannot be granted for the killing, injuring or taking of seals (pinnipeds) for the purpose of preventing damage to fisheries.

Types of marine wildlife licence

DAERA Marine and Fisheries Division can provide advice on individual cases. However, applicants are responsible for determining whether their proposed activity could affect a protected species and whether a wildlife licence may be required.

Science, Research and Education

Most wildlife licences are issued to researchers and scientists undertaking work that improves understanding or conservation of protected species.

Examples include:

• collecting samples for genetic analysis;
• tagging or tracking animals; and
• undertaking scientific surveys.

Wildlife Tourism

Wildlife licences may be issued to enable photography or filming of protected species where no satisfactory alternative is available. Licences may also be issued where photography or filming forms part of a wider research project.

Marine Construction

Some marine developments may require a wildlife licence where construction activities could temporarily disturb cetaceans (whales, dolphins and porpoises), for example through underwater noise generated during offshore construction works.

Such projects may also require a Marine Licence and appropriate mitigation measures. Wildlife licences will generally only be considered where impacts cannot be reduced to acceptable levels through mitigation and where there are overriding public interest reasons for the activity.

Preventing Serious Damage to Fisheries

The legislation includes provisions relating to the prevention of serious damage to fisheries. However, following amendments introduced by the Fisheries Act 2020, wildlife licences cannot be granted for the killing, injuring or taking of seals (pinnipeds) for the purpose of preventing damage to fisheries. Applicants should consider alternative management and mitigation measures where interactions with protected species occur.

Possession of Specimens, Parts or Derivatives of Protected Marine Species

A wildlife licence may be required to possess specimens, parts or derivatives of protected marine species.

This may include possession for:

• scientific purposes;
• educational purposes;
• zoological collections; or
• personal collections.

How to apply

Applicants may approach Marine and Fisheries Division at any stage, but early engagement is strongly recommended.

Early discussions are particularly beneficial for large or complex projects and can help identify information requirements and potential issues before a formal application is submitted.

Marine and Fisheries Division will acknowledge receipt of a completed application within five working days. Once all information required to determine the application has been received, a decision will normally be made within six weeks (30 working days).

As part of the assessment process, the Marine Conservation Officer may consult with DAERA colleagues, including the Marine Strategy and Licensing Team and local Marine Rangers where appropriate.

Information Requirements

The information required will depend on the nature of the activity and the risk of a wildlife offence occurring.

Applicants may be asked to provide:

• a scientific report;
• an environmental risk assessment;
• details of alternative approaches considered; and
• details of proposed mitigation measures.

Where insufficient information is provided, applicants will be asked to submit additional information. Applications will normally remain open for up to six months while further information is being gathered.

If the required information is not received within six months and no further contact has been made, the application will be treated as withdrawn.

Application Online

• Online Wildlife Licensing System

Before you apply

You should:

• identify the protected species that may be affected;
• consider whether there are alternative approaches;
• identify mitigation measures to avoid or reduce impacts;
• prepare supporting environmental information;
• contact DAERA early for complex projects; and
• submit all required information with your application.

Withdrawal of Applications

Applications may be withdrawn at any stage by contacting the Marine Conservation Officer responsible for the case.

Wildlife Licence Decision

If a licence is granted, the applicant will receive a Wildlife Licence Certificate by email or post and must confirm acceptance of any licence conditions within 10 working days.

Once accepted, the licence holder may undertake the authorised activity in accordance with the conditions of the licence.

Where an application is refused, reasons for refusal will be provided on request.

Emergency Licences

In exceptional circumstances, a wildlife licence may be issued within a shorter timeframe.

Emergency applications will be considered on a case-by-case basis and may initially be supported by information provided by telephone. Any emergency licence granted will normally be temporary until a full assessment can be completed.

Further Information and Guidance

Marine and Fisheries Division can provide advice and guidance on wildlife licensing requirements where appropriate.

• Marine wildlife licensing guidance for applicants
• Watchout for Wildlife Crime – Marine Wildlife Disturbance

Get advice

For advice on marine wildlife licensing, contact the DAERA Marine Wildlife Licensing.