Wildlife
(Areas of Special Protection) (Jersey) Order 2022
1 Interpretation[1]
In this Order –
“Area of Special Protection”
means an area designated as an Area of Special Protection under Article 2
or 2A and the airspace above that area;
“authorised person” means –
(a) an owner or occupier of
premises within an Area of Special Protection;
(b) a person supplying
emergency services to a breeding area;
(c) a person exercising a
right of access or entry to a breeding area under a statutory provision;
(d) a person given authorisation
to enter a breeding area by a person described in paragraph (a) for the
purpose of visiting, staying in, or carrying out maintenance work in relation
to, premises within a breeding area; or
(e) a person given
authorisation to enter a breeding area by the Minister in writing;
“breeding area” means a bird breeding
area within an Area of Special Protection, and which is indicated in each
Schedule as the area within and including the solid red line;
“land” includes the foreshore,
being the land that lies between the limits of the highest and lowest tides;
“Les Ecréhous” has the meaning
given in Regulation 1 of the Sea Fisheries (Les Ecréhous)
(Jersey) Regulations 2018;
“Les Minquiers” has the
meaning given in Regulation 1 of the Sea Fisheries (Les
Minquiers) (Jersey) Regulations 2007;
“relevant breeding period”
means –
(a) in relation to the areas
described in Articles 2(1)(a) and 2A(1), the period between
1st February and 31st August (inclusive of those dates) in any year;
(b) in relation to the areas
described in Article 2(1)(b), (c) and (d), the period between 1st April
and 31st August (inclusive of those dates) in any year.
2 Areas of Special
Protection – Les Ecréhous[2]
(1) The following areas within
Les Ecréhous are designated as Areas of Special Protection –
(a) the area that
comprises –
(i) the breeding area on Maîtr’Île,
which is bounded by the high water mark; and
(ii) the area outside the
breeding area which is within and including the 150m boundary line,
as indicated in Schedule 1;
(b) the area that
comprises –
(i) the breeding area on La Blanche Île, the
boundary of which is cordoned, as far as practically possible, and signed; and
(ii) the area outside the
breeding area which is within and including the 150m boundary line,
as indicated in Schedule 2;
(c) the area that
comprises –
(i) the breeding area on La Grande Brecque,
which is bounded by the high water mark; and
(ii) the area outside the
breeding area which is within and including the 150m boundary line,
as indicated in Schedule 3;
(d) the area that
comprises –
(i) the breeding area on La Marmotière, the
boundary of which is cordoned and signed; and
(ii) the area outside the
breeding area which is within and including the 150m boundary line,
as indicated in Schedule 4.
(2) The 150m boundary line is to be drawn so
that the area which is bounded by it includes every location that is 150m from
the boundary of the breeding area in question, measured horizontally in any
direction outwards from any point on the boundary (and is indicated in each of
Schedules 1 to 4 by the white dashed line).[3]
(3) The area described in paragraph (1)(a)
is designated as an Area of Special Protection in order to
protect the breeding activities, nesting and young of protected wild birds, in
particular European shags (Phalacrocorax aristotelis)
and great cormorants (Phalacrocorax carbo).
(4) The areas described in paragraph (1)(b),
(c) and (d) are designated as Areas of Special Protection in
order to protect the breeding activities, nesting and young of protected
wild birds, in particular the common tern (Sterna
hirundo), the roseate tern (Sterna dougallii)
and oystercatchers (Haematopus ostralegus).
2A Areas of Special
Protection – Les Minquiers[4]
(1) The
following areas within Les Minquiers are designated as Areas of Special Protection –
(a) the
area that comprises –
(i) the
breeding area on Maîtresse Ȋle, the boundary
of which is cordoned, as far as practically possible, and signed, and
(ii) the
area outside the breeding area which is within and including the 150m boundary
line,
as indicated in
Schedule 5;
(b) the
area that comprises –
(i) the
breeding area on Les Maisons, which is bounded by the high-water mark, and
(ii) the
area outside the breeding area which is within and including the 150m boundary
line,
as indicated in
Schedule 6.
(2) The
150m boundary line is to be drawn so that the area which is bounded by it
includes every location that is 150m from the boundary of the breeding
area in question, measured horizontally in any direction outwards from any
point on the boundary (and is indicated in each of Schedules 5 and 6 by
the white dashed line).
(3) The area described in paragraph (1)(a) is designated
as an Area of Special Protection in order to
protect the breeding activities, nesting and young of protected wild birds, in
particular common terns (Sterna hirundo), great
cormorants (Phalacrocorax carbo), European
shags (Phalacrocorax aristotelis) and great
black-backed gulls (Larus marinus).
(4) The
area described in paragraph (1)(b) is designated as an Area of Special
Protection in order to protect the breeding
activities, nesting and young of protected wild birds, in particular great
cormorants (Phalacrocorax carbo), European
shags (Phalacrocorax aristotelis) and great
black-backed gulls (Larus marinus).
3 Prohibition of entry[5]
It is an offence for a person other than an authorised person to
enter a breeding area, except in an emergency, during the relevant breeding
period.
4 Prohibited activities
(1) It is an offence for a person to do any of
the following within an Area of Special Protection during the relevant breeding
period –
(a) operate a vessel at a
speed of 5 knots or more, except in the case of an emergency;
(b) use or operate an unmanned
aerial vehicle, unless authorised in writing by the Minister;
(c) use or operate a laser;
(d) discharge a firearm or
ceremonial gun;
(e) light a firework;
(f) light a bonfire (except
for a barbecue);
(g) bring a dog on to land,
unless authorised in writing by the Minister;
(h) play a recording of bird
song, bird calls or other sounds which may attract, alarm or otherwise disturb
a protected wild bird;
(i) play music at a volume which
may alarm or otherwise disturb a protected wild bird;
(j) move or otherwise
interfere with the boundary, or a cordon or sign marking the boundary, of a
breeding area (as indicated in Schedules 1 to 6), unless authorised in
writing by the Minister.[6]
(2) It is an offence for a person to cause an
unmanned aerial vehicle to enter an Area of Special Protection during the
relevant breeding period, unless authorised in writing by the Minister.
(3) In this Article –
“firearm” has the meaning
given in Article 1(1) of the Firearms (Jersey) Law 2000;
“unmanned aerial vehicle”
includes a drone and a model aircraft.
5 Requirements to inform
(1) An owner or occupier of premises within an
Area of Special Protection who authorises a person to enter the Area during the
relevant breeding period for the purpose of visiting,
staying in or carrying out maintenance work in relation to the premises
must, before the person first enters the Area, inform the person of the
requirements of this Order relating to the Area.
(2) A person who operates a vessel that brings
a person on to land within an Area of Special Protection during the relevant
breeding period must, before the person first disembarks the vessel on to the
land, inform the person of the requirements of this Order relating to the Area.
(3) It is an offence for a person to fail to
comply with this Article.
6 Penalties
A person who commits an offence under this Order is liable to a fine
of level 3 on the standard scale.
7 Citation and commencement
This Order may be cited as
the Wildlife (Areas of Special Protection) (Jersey) Order 2022 and comes into
force 7 days after it is made.