Chief Executive : Peter Winterbottom
DEFRA PRESENTATION : 10 JANUARY 2007
THE MARINE BILL
Defra gave a presentation on outline proposals for a Marine White Paper. It was explained that the publication and content of the White Paper remained subject to Ministerial and cross-government agreement and could therefore change. The following draft proposals were outlined by Defra:
The publication of a Marine White Paper is planned for March 2007 (in advance of ‘purdah’ for the Welsh Assembly Government and Scottish Parliament
There would be a 3 month consultation on the White Paper and its accompanying Regulatory Impact Assessment
It is expected that this would be followed by a Bill towards the end of 2007 or in early 2008, again subject to Ministerial agreement and Parliamentary time.
It was not yet known whether this would be a draft Bill or a definitive Bill for first reading.
The Bill is expected to include material on:
1. Planning
2. Licensing marine works
3. Marine Nature conservation
4. a Marine Management Organisation and
5. Fisheries
Fisheries is expected to include
SFC reform
Amendment of the Sea Fisheries (Shellfish) Act 1967 as regards Several and Regulating Orders
Powers for more effective management of recreational sea angling and unregulated fishing
Strengthened enforcement powers (inc. measures to tackle International Unlicensed and Unreported fishing and enhanced powers for British Sea Fishery Officers)
Powers to charge the commercial fleet in a more flexible way than is currently possible
Review of potentially redundant or out of date fisheries legislation
SFC reform is expected include:
1. Stating clear purpose and duty along the lines elaborated by the Inshore Working Group’s report of March 2005
2. Providing a firm legal purpose – all local authorities with a coastline to contribute to SFCs and not allowed to withdraw
3. Ensure Committees are of manageable size – maximum size 15 members, local authority share reduced from 50% to 33 1/3%, Natural England to have 1 seat, Environment Agency to have 1 seat, Marine Management Organisation to have 1 seat
4. Prejudicial interest issue to be clarified
5. Byelaw making to be clarified – the way they are made, the powers to make them, an emergency byelaw making power to be created
6. A Regulatory Impact Assessment to be required for each new byelaw
Scope of byelaws are expected to be extended to include or clarify locus on
Marking of gear
Collecting data from fishermen
Permit schemes and restrictions on effort through them
Bait digging
‘fish for, take, retain on board or tranship, land, transport, store, sell, display, expose or offer for sale or possess’ i.e. move away from the limitations imposed by the Victorian ‘removal from the fishery’ to language used in EU and national legislation
Extension of jurisdiction inland to sponsoring authorities’ inland boundary
Enforcement powers to be aligned with new BSFO powers
Increase levels of fines by Courts
Allow Courts to suspend permits
Allow Courts to require remedial action i.e. a conviction could result in an Order from the Court requiring damage to be put right
Funding, is expected to include the following proposals:
All local authorities with a coast line must pay the levy established by their SFC
This levy would be determined by the local authority members of the SFC only
Cost recovery for permits would be allowed
The legal status of SFCs would be clarified so that they could charge for services and retain receipts, own assets including Patrol Boats
New burdens created and the Public Expenditure rules required Central Government to fund them through additional money put into the Revenue Support Grant
Working relationships with the Marine Management Organisation and others strengthened - possible Memoranda of Understanding or Service Level Agreements
New DEFRA powers are expected to include:
Powers to change boundaries – to allow rationalisation of Committees and reduction in numbers. This would only be done in consultation with the SFCs and other stakeholders. It also allowed consideration of demarcation lines in estuaries with the Environment Agency.
The White Paper is expected to suggest possible new names for the SFCs to mark the reform.
P. D. Winterbottom
15 January 2007