Wildlife legislation in the UK is very complex, the level of protection afforded to a site depends on whether the site supports habitats or species of local, national or European importance and whether the site has been designated to protect those features. Legislation also varies between England/Wales, Scotland and Northern Ireland. The main pieces of legislation that offer coastal authorities an opportunity to manage personal watercraft use are detailed below:

Part I of the Wildlife & Countryside Act 1981 as amended by the Countryside Rights of Way Act 2000 makes it an offence for any person to intentionally or recklessly disturb any Schedule 5 animal while it is occupying a structure or place which it uses for shelter or protection. It is additionally an offence to intentionally or recklessly disturb cetaceans (whales and dolphins) or basking sharks in the wild. As with the protection of birds, it is a defence that an act was the incidental result of a lawful operation and could not be reasonably avoided. This raises the necessity to inform and educate personal watercraft users of the appropriate and responsible way to behave around marine species.

Relevant sections of the 1981 Wildlife & Countryside Act provide the principle national site protection designation in England and Wales; Sites of Special Scientific Interest (SSSIs) but also provides for the designation of Marine Nature Reserves (MNRs). SSSIs only extend down to the mean low water mark, however within many estuaries, the designation can cover the whole area to the mouth of the estuary. Much of the provisions of section 28 impose duties on the owners and occupiers of SSSIs and on public bodies who may exercise powers in relation to designated sites. However, there is also an offence of intentionally or recklessly damaging or destroying notified interest or disturbing notified fauna.

For further advice on the location of SSSIs refer to your local/regional Nature Conservation office (English Nature, Scottish Natural Heritage, Countryside Council of Wales).

International/European Sites

In coastal areas protected under the Birds and Habitats Directive3, management and the development of a management scheme is the responsibility of all authorities who have a statutory responsibility (relevant authorities) for management within or adjacent to the site.

Any activity considered to have an impact upon the features of nature conservation importance can be managed through the statutory management scheme. Local and harbour authorities are relevant authorities for the purposes of the regulations affecting management of these sites and can manage use of personal watercraft through the management scheme process.

In general relevant and competent authorities have a duty under the Habitats Regulations4 to exercise their existing functions so as to secure compliance with the Directive, in addition to this the appropriate nature conservation body (English Nature, Countryside Council for Wales, Scottish Natural Heritage) may make byelaws for the protection of a European Marine Site under section 37 of the Wildlife & Countryside Act 1981 (byelaws for protection of marine nature reserves).