Monday 8 September 08 - 07:11
 

Marine Bill

Marine Bill will give Defra extensive powers

On March 15 the government launched the Marine Bill White Paper, says Stuart Fisher. It seeks to set up a Marine Management Organisation as a department of Defra with wide ranging powers…
Bradshaw: hastily rephrased...
Bradshaw: hastily rephrased...

The Marine Management organisation (MMO) will incorporate the Marine Fisheries Agency (NFA) and Marine Consents & Information Partnership (MCIP). 

The new body will be responsible for many things, from the siting of offshore wind farms, carbon capture and storage and dockyard extensions to where you may drop your anchor or your fishing line, swim or bathe.

There will be simplified legislation for the licensing of marine developments, marine spatial planning and highly protected areas with restrictions on entry and new controls on commercial and recreational fishing. Planning, licensing and enforcement are well to the fore and the vision is to produce 'clean, healthy, safe, productive and biologically diverse oceans and seas’.

The whole of the UK will be affected, working with devolved government where applicable plus those of the Isle of Man and the Channel Islands.

The Irish Sea will be a particularly complex area to regulate. Jurisdiction will run from mean high water springs to the 200 nautical mile limit and beyond in some areas. This will give overlap with terrestrial planning in the tidal zone. Marine plans are to be prepared for all UK waters, reminiscent of the Local Environment Agency Plans for inland rivers, but with many fewer landmarks for users. Boundaries with estuaries have still to be decided.

There is a wish to be transparent in planning, involving all regulators, stakeholders, local government, industry and the public with 'zoning, sensitivity mapping, allocation of "preferred areas"'. It would seem that boaters interested in touring large areas of sea will be less easily able to represent their interests than locals with specific venues unless boating bodies are extremely vigilant and proactive.

Nature conservation is a central issue with Marine Conservation Zones being set up. An initial target of 30 marine protection sites has been set for 2012 to get things started and there may be byelaws to regulate recreation and tourism. We are promised ‘a proper balance is struck between competing users’ and conflict will be resolved. Robust evidence will be needed before restrictions are placed. 'Some small scale recreational boating' will not be affected. 'However, these activities may have an impact on local areas that are particularly sensitive from a biodiversity or heritage point of view.'

Areas we want to protect
In balancing ecological, social and economic considerations, 'There may be areas that we want to protect because they are particularly sensitive, they are unique areas of rare or threatened species or habitats, or are essential for ecosystem structure and functioning. In such circumstances, ecological considerations are likely to have greater weight and impacts on human activities may be unavoidable.'

'In some cases, objectives might be deliverable with very little change to current activities. In others, delivery of objectives may require higher levels of protection, including, for example, prohibition of any activity within a site.' (our emphasis)

Fishing is another major concern with rod licences being imposed for all anglers; the money raised will be used to fund such benefits as parking, slipways, artificial reefs, noticeboards and the administration. Anglers may be required to provide information on their catches. There will be powers to stop and search vessels suspected of violating regulations.

Defra secretary of state David Miliband introduced the bill at the launch event and said that it would be brought before the current Parliament. Human activity poses threats. Pressures will grow over the next decade.

Gillian Tuson is leading policy on the MMO and explained that this body will come under Defra. It steadily became clear from the questioning that environmentalists are rather more enthusiastic about the bill than are other interests.

There were only about five boating interest representatives present amongst the hundreds of delegates. Sally Banham of the British Marine Federation (BMF) asked about consulting with customers and was assured this would happen. A lawyer asked about the neutrality of the MMO and was told the Defra secretary of state will appoint the board members in association with other relevant ministers.

Marine planning policy leader Karen Morgan used terms such as 'rational use of space' and 'best use of areas', saying the marine plans would 'look at the spatial needs of activities'. The system must be flexible, not rigid. She was asked if it would be permitted to appeal to the secretary of state. No, that would be too bureaucratic and costly. The RYA asked about international law. We must look at the international obligations, came the reply.

Expressed concern
Leading marine nature conservation, Ian Barrett expressed concern over motorised boating and noise in some areas, wanting speed and anchoring restrictions and prepared to use laws and interim measures to get them. He frequently used the word 'enforcement', as did Trevor Hutchings, the policy leader for marine fisheries, recreational and commercial.

Ben Bradshaw, minister of state for Local Environment, Marine & Animal Welfare, wrapped up the speeches. When faced by Iain Shepherd of Marine Southeast with the claim that environmental concerns will take precedence over business he said that the bill must not be seen as just environmental and must not damage marine industries. With Defra set to become judge and jury on all things marine, many are still to be convinced.

Summing up the opening of the Marine Bill, the minister of state for Fisheries, Ben Bradshaw, said: 'I think we've sorted the Crown Estate.' He hastily rephrased it…

The White Paper can be downloaded from http://www.defra.gov.uk/corporate/consult/marinebill/index.htm Consultation will take place until 8th June.


Captions to pictures below, left to right:

Bradshaw: hastily rephrased…

The BMF's Dr Sally Banham was assured customers would be consulted

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Bradshaw: hastily rephrased...
The BMF's Dr Sally Banham was assured customers would be consulted

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