Transcript DAY 1 0945 SAGB presentation Marine Bill 200508

The draft Marine Bill
A New Framework for UK Seas
20 May 2008
Provisions in the draft Marine Bill
• A new Marine Management Organisation
• A new system of marine planning
• Improved licensing of marine activities
• New nature conservation arrangements and powers
• Improved inshore fisheries management
• Migratory and freshwater fish measures
• Improved enforcement powers
• Coastal access
What the MMO will do
Marine planning
Preparing marine plans
Marine licensing
Marine Act and Electricity Act licensing,
Harbour orders
Marine fisheries
Defra’s marine fisheries management functions
Nature conservation
Furthering MCZ objectives, contributing to site
selection, nature conservation orders.
Monitoring and
enforcement
Enforcement of sea fisheries, nature
conservation and licensing legislation
Other functions
Providing advice, appointing IFCA members,
making effective use of data
Marine planning
Planning is proactive marine management, we won’t just be waiting for
things to happen, we’ll be setting policies then delivering them.
Bring people together and allow them to shape the future handling of
our seas.
Provide a coordinated point of information about the marine
environment and future needs
We’ve drawn on 60 years of experience on land where appropriate, but
we’re not copying
Marine planning process
Marine
Objectives
UK marine
policy
statement
National Policy
Statements
Monitoring &
Enforcement
Marine Plans
Licensing and
decision
making
STAKEHOLDER INVOLVEMENT
& COMMUNICATIONS
Publish Statement of Public Involvement
Scope content of plan
Develop plan proposals
Public consultation on draft plan
Prepare Marine Plan
Possible independent investigation of plan
Plan adopted and published
Implement, Monitor & Review
ASSESSMENT OF SUSTAINABILITY
OF PLAN\SEA
Marine planning process
Marine Nature Conservation
• A new site-based conservation tool (Marine Conservation
Zones)
• Protection linked to conservation objectives and delivered
through:
A general duty on public authorities
A duty on consenting-authorities
A power for the MMO and Welsh Ministers to make conservation
orders
Marine Nature Conservation process
• Ministers formally consult and designate MCZs
• Social and economic implications may be taken into account
• Designation orders to contain conservation objectives for each MCZ
• General duty on public authorities and duty on authorities authorising
activities and developments
• Duty to have regard to advice from nature conservation bodies
• MMO (and Welsh Ministers) to make conservation orders
• New enforcement arrangements and penalties
Modernising marine fisheries management
The marine fisheries proposals in the Bill will deliver…
• Strengthened fisheries and environmental management so that more
effective action can be taken to conserve marine ecosystems and help
achieve a sustainable and profitable fisheries sector.
• In particular, the Bill will:
•
Reform inshore fisheries management arrangements in England and Wales.
•
Strengthen enforcement arrangements.
•
Strengthen existing conservation legislation to enable greater regulation of angling
and other currently unregulated fishing activity.
•
Strengthen the operation and management of shellfisheries in England and Wales.
•
Enable some costs of fisheries management to be shared with industry more flexibly
than is currently possible.
Modernising marine fisheries management
More specifically, Inshore Reform will…
•
Place duties on new Inshore Fisheries and Conservation Authorities so that the exploitation
of sea fisheries resources is managed sustainably.
•
Adjust their membership to improve decision-making and local stakeholder involvement;
•
Strengthen and consolidate their enforcement powers by:
•
introducing an administrative penalty scheme to offer greater protection against IFCA byelaw and
SRO offences;
•
increasing the penalty for offences from a maximum of £5,000 to a maximum of £50,000; and
•
strengthening arrangements between IFCAs and grantees to improve enforcement of SROs and
private fisheries.
•
Transfer the responsibility of sea fisheries from the EA to IFCAs to deliver greater and
more streamlined protection for estuarine areas.
•
Strengthen their byelaw-making powers.
•
Address funding issues, including additional Defra funding of up to £6 million.
•
Provide specific provisions for the regulation, protection and development of shellfisheries.
Modernising marine fisheries management
Amendments to the Sea Fisheries (Shellfish) Act 1967 will…
•
Simplify the Sea Fisheries (Shellfish) Act 1967 to improve and enhance the current
management structure.
•
Remove disincentives in applying for Orders.
•
Remove the automatic ‘trigger’ for calling a public inquiry.
•
Strengthen the enforcement of SROs by:
•
reducing the number of offences needed to cancel a licence after conviction from two
to one;
•
increasing the penalty for offences from a maximum of £5,000 to a maximum of
£50,000 (as with IFCA byelaws);
•
strengthening arrangements between grantees and IFCAs to improve enforcement of
SROs and private fisheries (as with IFCA byelaws).
Other provisions in the draft Marine Bill
• A new Marine Management Organisation
• A new system of marine planning
• Improved licensing of marine activities
• New nature conservation arrangements and powers
• Improved inshore fisheries management
• Migratory and freshwater fish measures
• Improved enforcement powers
• Coastal access
What this means for you
• Clearer articulation of Government policies
• Greater opportunities to have a say in decisions affecting
marine activities from the outset
• Longer term strategic view
• Greater certainty
• Clearer rules
• Modernised more responsive powers
• Specific improvements for inshore fisheries
What happens next
Publication of draft Bill
Pre-legislative scrutiny
Amendment of draft Bill
Introduction of Bill to Parliament
Implementation
Contact Details
Dornford Rugg
Marine Bill Manager
Department for Environment Food and Rural Affairs
[email protected]