Draft Marine Bill: A New Framework for UK Seas

1. The draft Marine Bill A New Framework for UK Seas20 May 2008

2. 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

3. What the MMO will do

4. 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

5. Marine Objectives UK marine policy statement Licensing and decision making Marine Plans National Policy Statements Monitoring & Enforcement Marine planning process

6. Publish Statement of Public Involvement Scope content of plan Develop plan proposals STAKEHOLDER INVOLVEMENT & COMMUNICATIONS ASSESSMENT OF SUSTAINABILITY OF PLAN\SEA Public consultation on draft plan Prepare Marine Plan Possible independent investigation of plan Plan adopted and published Implement, Monitor & Review Marine planning process

7. 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

8. 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

11. 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.

12. 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.

13. 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).

14. 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

15. 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

16. What happens next Publication of draft Bill Pre-legislative scrutiny Amendment of draft Bill Introduction of Bill to Parliament Implementation

17. Contact Details Dornford Rugg Marine Bill Manager Department for Environment Food and Rural Affairs MarineBillTeam@defra.gsi.gov.uk