Policy and Legislation

The Wildlife and Countryside Act 1981 – Makes it an offence to release or allow to escape into the wild any plant or animal which is not ordinarily resident in Great Britain (i.e. non-native) and is not a regular visitor to Great Britain in a wild state (i.e. migratory) or is listed in Schedule 9 to the Act.

The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 – Strict restrictions preventing species of special concern from being brought into Great Britain, kept, bred, transported, placed on the market, used or exchanged, allowed to reproduce, grown or cultivated, or released into the environment. Referred to as the ‘Retained Regulation’.

The Invasive Alien Species (Enforcement and Permitting) Order 2019 – Contains provisions relating to offences, penalties, enforcement, licensing and permitting in order to meet requirements of the Retained Regulation. Article 3 contains offences around the importing, keeping, breeding, purchasing, and releasing or allowing to escape into the wild of species of special concern.

Marine Strategy Regulations 2010 – Aims to reduce human impacts on the marine environment, including INNS. Descriptor 2 of the strategy states that “non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystem.”

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 – Establishes a framework to achieve or maintain good ecological status of waterbodies, including transitional and coastal waters. INNS could affect the ecological status of waterbodies.

The Welsh National Marine Plan 2019 – Under Policy ENV_03, proposals should assess the likely risk of introducing or spreading INNS and put in place reasonable biosecurity measures where necessary to reduce or stop their introduction or spread.

GB Non-Native Species Strategy – Outlines a coordinated approach across government and organisations to manage the threat of INNS, following the principles of prevention, rapid detection and early eradication, and long-term control as set out by the Convention on Biological Diversity.

A note on Consents

The marine licensing process assesses the environmental impact of licensable activities, including the potential introduction or spread of INNS. As part of this, advice from consultees such as Natural Resources Wales may include recommendations for best practice biosecurity, such as developing a biosecurity plan.
This plan may become a condition of the marine licence.

Similar biosecurity considerations are required for any activities involving SSSI (Site of Special Scientific Interest) consents to protect sensitive areas from INNS risks.

Commercial shipping

The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022 – (2022 No.737) implements the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004. The Regulations establish standards and procedures for the management and control of ships’ ballast water and sediments. They also establish a survey and certification regime for ships and prescribe technical requirements relating to ballast water management systems installed on ships. They also require the provision of sediment reception facilities at shipyards where the cleaning or repair of ballast tanks of ships to which the Regulations apply occurs.

The IMO has replaced an existing resolution (MEPC.207(62)) with Resolution MEPC.378(80) 2023 Guidelines for the Control and Management of Ships’ Biofouling to Minimize the Transfer of Invasive Aquatic Species. These guidelines aim to provide a globally consistent approach to stakeholders on the control and management of biofouling, which will contribute to minimising the risk of transferring invasive aquatic species from biofouling on ships. These guidelines are recommended, rather than mandatory, but following them would address the risk of transporting INNS and may also improve a ship’s hydrodynamic performance, enhance energy efficiency and reduce air emissions from ships.

Summary of the core requirements for the Ballast Water Management Convention and the IMO Guidelines for the Control and Management of Ship’s Biofouling

Convention / Guideline	Core requirements
The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (BWMC)	A ballast water management plan, including a detailed description of the ship’s implementation of ballast water management requirements, such as its ballast water treatment system or ballast water exchange protocol. A ballast water record book documenting ballast uptake, treatment and discharge. An International Ballast Water Management Certificate, issued by or on behalf of the State to certify that the ship carries out ballast water management in accordance with the BWMC. To obtain a certificate, the ship must have a Ballast Water Management Plan.
IMO Guidelines for the Control and Management of Ship’s Biofouling to minimise the transfer of invasive aquatic species, 2023	Consider biofouling risks, and how they can be reduced, as early as the ship design and construction phase. Ensure use of an appropriate antifouling system, based on technical advice and with particular attention to hard-to-reach areas most susceptible to biofouling accumulation. Develop and implement a Ship-Specific Biofouling Management Plan, including details of the ship’s hard-to-reach areas, the antifouling system in use, cleaning, maintenance and repair procedures, a monitoring and inspection schedule, and a contingency plan. Undertake regular biofouling monitoring and inspections, prompting contingency actions to reduce biofouling risk when required. Create and maintain a Biofouling Record Book, including cleaning and inspection reports.

Convention / Guideline

Core requirements

The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (BWMC)

A ballast water management plan, including a detailed description of the ship’s implementation of ballast water management requirements, such as its ballast water treatment system or ballast water exchange protocol.
A ballast water record book documenting ballast uptake, treatment and discharge.
An International Ballast Water Management Certificate, issued by or on behalf of the State to certify that the ship carries out ballast water management in accordance with the BWMC. To obtain a certificate, the ship must have a Ballast Water Management Plan.

IMO Guidelines for the Control and Management of Ship’s Biofouling to minimise the transfer of invasive aquatic species, 2023

Consider biofouling risks, and how they can be reduced, as early as the ship design and construction phase.
Ensure use of an appropriate antifouling system, based on technical advice and with particular attention to hard-to-reach areas most susceptible to biofouling accumulation.
Develop and implement a Ship-Specific Biofouling Management Plan, including details of the ship’s hard-to-reach areas, the antifouling system in use, cleaning, maintenance and repair procedures, a monitoring and inspection schedule, and a contingency plan.
Undertake regular biofouling monitoring and inspections, prompting contingency actions to reduce biofouling risk when required.
Create and maintain a Biofouling Record Book, including cleaning and inspection reports.

Aquaculture

Marine and Coastal Access Act 2009: Regulates marine activities, including aquaculture, across the UK. It provides a framework for sustainable management of the marine environment through fisheries and aquaculture, marine licensing, marine planning, and conservation powers.

The Sea Fisheries (Shellfish) Act 1967: Provides local shellfisheries management powers through the use of Several and/or Regulating Orders.
These orders give certain rights to manage shellfish fisheries within prescribed areas, often to allow for sustainable management and cultivation.

The Molluscan Shellfish (Control of Deposit) Order 1974 – Allows the Welsh Government to control the deposition of shellfish, particularly when shellfish are being moved between different locations, providing a mechanism for risk reduction of this pathway.

Aquatic Animal Health (England & Wales) Regulations 2009 and The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020, managed and enforced by the Fish Health Inspectorate, require Aquaculture Production Businesses (APBs) to register and be authorised to operate within marine and freshwater environments primarily to control the spread of disease.

- For a shellfish farm to be authorised, a Biosecurity Measures Plan should be put in place to control the spread of diseases. This is a standard requirement under the Aquatic Animal Health (England & Wales) Regulations to ensure that disease risks are managed. The regulation controls fish and shellfish diseases, but contains no specific measures to enforce control of the spread of shellfish pests, including INNS.

Alien and Locally Absent Species in Aquaculture (England & Wales) Regulations 2011 – Require the provision of aquaculture permits to reduce the introduction of INNS for certain aquaculture species and biosecurity to manage the aquaculture pathway.

Fishing

The GB Angling PAP outlines the general policy and actions to address the risks that this pathway poses for the introduction and spread of marine INNS in GB.

Recreational boating

The GB Recreational Boating PAP outlines the general policy and actions to address the risks that this pathway poses for the introduction and spread of marine INNS in GB.

Recreational activities

The GB Recreational Boating PAP outlines the general policy and actions to address the risks that this pathway poses for the introduction and spread of marine INNS in GB.