Marine European Protected Species and basking sharks: licensing

Do I need an EPS or basking shark licence 

If any activity is likely to cause disturbance or injury to a marine EPS (within 0-200 nautical miles (nm)) or a basking shark (within 0-12nm), a licence is required to undertake the activity legally.

A licence may be granted to undertake such activities if certain strict criteria are met:

• there is a licensable purpose
• there are no satisfactory alternatives
• the actions authorised will not be detrimental to the maintenance of the population of the species concerned at favourable conservation status in their natural range

Marine European Protected Species

The licensing of marine EPS in Scotland is shared between several regulators depending on the purpose and location of the activity in question. 

For activities taking place within 0-12 nm of the coast (the Scottish territorial sea), EPS are protected under The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). 

For commercial activities, including geophysical or seismic surveys (including those related to oil and gas), port and harbour developments and the installation of renewable energy devices Marine Directorate – Licensing Operations Team (MD-LOT) (on behalf of the Scottish ministers) is the licensing authority. 

For activities relating to scientific research or conservation, NatureScot is the licensing authority.

For activities taking place in Scottish waters beyond 12-200 nm (the offshore marine area), EPS are protected under The Conservation of Offshore Marine Habitats and Species Regulations 2017. MD-LOT is the licensing authority for all activities except those in relation to certain reserved matters (including oil and gas). If you require further information in relation to this, contact MD-LOT.

Basking sharks

If an activity taking place within 0-12 nm (the Scottish Territorial Sea) is likely to cause to disturbance or injury to basking sharks (Cetorhinus maximus), a licence is required to undertake activity legally. MD-LOT is the licensing authority for commercial activities under the Wildlife and Countryside Act 1981 (as amended). 

For activities relating to scientific research or conservation, NatureScot is the licensing authority.