NORTH WESTERN AND NORTH WALES SEA FISHERIES COMMITTEE

 

OFFICER’S REPORT

 

UK Government Consultation on a proposed Marine Bill

 

Report by the Chief Executive

 

Purpose of Report

To brief members on the current Marine Bill consultation.

Recommendation

Officers should respond to the consultation by the due date including the comments in the report below and further analysis.

Members should send comments they wish to be included in the response by 10 June 2006.

1. The consultation process

1.1 The consultation on the long promised Marine Bill started in early April and ends on 23 June 2006.

1.2 The consultation paper runs to over 300 pages and is available on the Defra web site: http://www.defra.gov.uk/corporate/consult/current.htm. The full paper and/or the summary also available at the meeting as a background paper from the Clerk.

1.3 The consultation contains questions throughout on which Defra request comments but as expected it does not contain detail relating to the future of Sea Fisheries Committees or proposed changes to inshore fisheries management in the UK. However, Defra have moved from their initial position that there would be nothing in the consultation about fisheries by including a substantial section 7 entitled ‘Managing Marine Fisheries’.

1.4 Defra organised a round of consultation meetings in Cardiff on 4 May, Liverpool on 10 May and London on 18 May. In addition the consultation was discussed by SAGB on 3 May and ASFC on 5 April and in many other fora. Officers will contribute to seminars, workshops and discussions on the consultation as much as possible and respond by the due date of 23 June 2006. The Association of Sea Fisheries Committees will submit a strategic response to the bill and other SFC will also respond.

2. Outline of the content of the consultation

2.1 Defra’s stated intention of the Bill is that it should create a framework for managing and co-ordinating the various uses of the sea and the demands we place on the marine environment. The main underlying principles are that it should help deliver the marine components of the Government’s strategy for sustainable development and that it should improve delivery of policies for marine activities. The Bill is intended to help the Government achieve its economic, social and environmental objectives for the sea.

2.2 Fisheries issues are described as one of the 5 main themes that the Marine Bill will cover, however, the comment is made that because some consultation has already taken place on fisheries, these issues are not included in this package. The consultation does not make specific proposals or invite responses on marine fisheries. It does, however, identify areas where legislative change may be needed including modernising inshore management, increased management of recreational ‘hobby’ fishing, strengthening enforcement and charging the fishing industry for management costs.

2.3 While making no definite proposals, the consultation hints at a number of areas of major concern to SFCs. A new body or bodies could be set up to manage fisheries implying major change to and/or the possible ending of the current SFC structure in England and Wales. Fisheries functions could be taken into a proposed new marine management organisation. The area over which inshore management extends could be changed such as by taking the powers now available under the CFP to take national control out to 12 miles. A system of administrative penalties for fisheries offences now seems likely and there is a separate report on this agenda on the Defra consultation on proposals for administrative penalties.

2.4 Overall, the role of SFC in fisheries enforcement is overlooked, downplayed or criticised in the report. Examples are in paragraphs 10.103b and 11.45 where the vital SFC roles are omitted. In Annex 5C, paragraph 3.10b and c, criticism of SFC by the Nature Conservation Agencies is reported. This appears unjustified in view of the highly effective Wash Fishery Order and the lack of comprehensive SFC powers. We note that SFCs are not given the opportunity to refute the comments in this document.

2.5 Of particular interest to this Committee is a commitment in the consultation (paragraph 7.21) to try to improve and simplify the process for setting up and renewing Fishery Orders.

2.6 A further consultation on fisheries is promised and it is also evident that the other main themes of the Bill will have major implications for fishing. The other main themes of the Bill are:

2.7 The possible introduction of a strategic system of marine spatial planning (MSP) which could provide a framework for managing marine activities. The consultation sets out ideas for how MSP might work and how it could provide a basis for decision making, increase efficiency for industry and regulators, provide better environmental protection and create more holistic use of marine resources. An aim for MSP is given as: ‘to enable a more rational organisation of the use of marine space and the interactions between its uses’

2.8 The reform of marine licensing regimes to improve regulation, simplify legislation and ensure sustainable development. A range of options are considered to reduce risk, delay and cost to business while increasing efficiency and transparency.

2.9 The implementation of proposals for marine nature conservation; including new mechanisms for the conservation of marine ecosystems and biodiversity and delivery of an effective network of marine protected areas. There are also proposals on greater control of unlicensed activities, increased protection for threatened species and increased environmental enforcement.

2.10 A new marine management organisation. The case for a new MMO is outlined with its possible functions but the consultation emphasises that no decision has yet been taken to establish an MMO. The option of including fisheries management functions within a new MMO is being considered.

 

STEPHEN ATKINS

Chief Executive

2 May 2006

 

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT, 1985

List of Background Papers

There are no background papers to this report.

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