Offshore oil and gas operators in UK waters need a licence before any work that could kill, injure, or disturb protected wild birds, habitats, or species, under guidance from OPRED. The rules sit in the Conservation of Offshore Marine Habitats and Species Regulations 2017, which govern the "offshore area" beyond 12 nautical miles from the UK's territorial sea baseline.
What the regulations cover
The 2017 regulations consolidate an earlier 2007 version and implement the EU Birds Directive and Habitats Directive in UK offshore waters. They let regulators designate Special Areas of Conservation for habitats and marine species, and Special Protection Areas for wild birds. They also set up a licensing system covering any marine activity that could kill or injure a protected species, disturb it in a way that could harm its ability to survive, breed, or raise young, or affect a species' local numbers or range.
Regulation 40, in Part 3 of the regulations, protects wild birds and their eggs and nests in UK offshore waters. That can restrict or prohibit certain activities at certain times of year, depending on which bird species is present and where. OPRED tells operators to weigh whether wild birds could affect planned work, including decommissioning and plug and abandonment jobs such as rig mobilization. Where a project needs one, Regulation 55 allows an application for a wild birds licence.
Any environmental submission to OPRED, including Environmental Appraisals and Environmental Assessment Justifications, should include baseline data on the bird species and populations at the site and assess how the proposed work would affect them. OPRED is preparing fuller advice on wild bird protection for industry and says it is working with operators case by case in the meantime.
Kittiwakes are the main issue offshore
OPRED's casework so far shows black-legged kittiwakes are the main bird species nesting on offshore installations, typically ones already in "lighthouse mode" ahead of dismantling, meaning they are unmanned and left running only safety and navigation systems. Gathering nesting-bird data on an offshore platform is difficult, so OPRED asked the Joint Nature Conservation Committee (JNCC) for advice on how to survey kittiwakes on installations. JNCC issued that advice note in March 2021, alongside recording forms and a separate signposting document on kittiwake data and resources for operators to use in their applications.
JNCC's guidance is described as advice "at this time," and OPRED says the survey methods still need full offshore testing, with updates possible based on feedback. Operators planning a survey, especially one that departs from the JNCC method or covers other bird species, are told to discuss it with their OPRED Environmental Manager first.
How operators apply for a licence
Applications for European Protected Species (EPS) injury or disturbance licences, covering waters off England and the offshore area off Northern Ireland, Scotland, and Wales, go through the UK Energy Portal. Operators can file a standalone application, or attach the request to another Portal filing, such as a geological survey application, if the two are linked. For internal or territorial waters off Northern Ireland, Scotland, and Wales, licensing is instead handled by the relevant devolved administration.
An EPS injury or disturbance licence is currently only required for acoustic surveys where JNCC or another statutory nature conservation body has told the applicant that their geological survey consent must also carry that licence. In those cases, the reporting already required under the survey consent covers the EPS licence too, with no extra reporting on top.
