NORTH WESTERN AND NORTH WALES SEA FISHERIES COMMITTEE

OFFICER’S REPORT

 

MARINE BILL WHITE PAPER CONSULTATION RESPONSE

Report by the Chief Executive

A. Purpose of Report

To report publication of this White Paper and present a draft Committee response to the consultation.

B. Recommendation

1. That further comments from members be sent to the Office by 20 May 2007.

2. That a Committee response incorporating all comments be prepared and sent to Defra by the deadline of 8 June 2007.

1. The White Paper and proposed Marine Act

1.1 The White Paper ‘A Sea Change’ and a partial regulatory impact assessment (RIA) were published on 15 March 2007. The consultation period runs to 8 June.

1.2 Through a Marine Act, the Government is proposing to introduce:

Ø a new UK-wide system of marine planning

Ø a streamlined, transparent and consistent system for licensing marine developments

Ø a flexible mechanism to protect natural resources, including marine protected zones with clear objectives

Ø improvements to the management of marine fisheries in relation to England, Wales and Northern Ireland and the ability to share the costs of management with commercial and recreational sectors

Ø a new Marine Management Organisation delivering UK, England and Northern Ireland functions.

1.3 The Defra Minister made an explicit commitment at the launch of the White Paper to pass the subsequent Marine Bill in this Parliament. The Bill is likely to have cross party support so if parliamentary time is made available and it is passed quickly, implementation could start in 2009.

2. Application to Wales

2.1 The White Paper proposals are structured to link coherently with Devolved Administration responsibilities, but how they are applied in Wales will be determined by the Welsh Assembly. Fisheries management is already substantially devolved but Welsh Ministers are considering making proposals for further devolution in this area. An initial consultation paper proposing direct management of inshore fisheries by WAG and abolition of Welsh SFC was announced in September 06 and is still awaited.

2.2 The current WAG has said that it does not intend to set up a new Marine Management Organisation in Wales in line with its policy of direct management by the Assembly. Similarly WAG does not consider that further nature conservation designation is needed in Welsh waters since large areas are already protected under the EU Habitats and Birds Directives. New marine planning systems will be implemented by each devolved administration as required.

3. Overview of proposed changes to SFC

3.1 The measures set out in the White paper would, if implemented in full, provide a very thorough and radical modernisation of the management of UK seas with a special focus on English waters. The increased pressure on the marine environment from increasing human activities means that such a package is required and the paper is largely to be welcomed.

3.2 The package of fisheries management measures and the details of reformed SFC proposed for England are very much along the lines that the SFC have been requesting from Government for a number of years. Highlights include:

Ø Powers to limit fishing effort and to licence fisheries,

Ø Powers to charge for permits, licences, authorisations and assessments,

Ø A legal purpose and duties with all coastal local authorities required to contribute to funding,

Ø Modernised byelaw powers including powers to bring in short term emergency management measures,

Ø Wider and stronger enforcement powers and duties with greater penalties and fixed (administrative) penalties,

3.3 Of particular interest to this Committee will be the proposed changes to the process for setting up fishery orders. The White Paper indicates that the process will be easier with fewer public inquiries; that cost recovery powers will be clarified; and the enforcement powers of SFC will be strengthened.

3.4 The RIA attempts to predict and quantify the costs and benefits of the Marine Bill and its impacts on Government and other sectors. It also includes a timeline for implementation showing that reformed SFC will be set up within the first year after the Bill is passed.

3.5 The Costs and benefits identified in the RIA quote a cost of £2m per year for reformed SFC and a cost of £9-12m for recreational sea angling.

 

STEPHEN ATKINS

Chief Executive

2nd April 2007

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT, 1985

List of Background Papers

A Sea Change – A Marine Bill White Paper

A Sea Change – RIA

Fisheries sections of both these reports are enclosed with these papers.

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