Fisheries
WWF wants to see a long-term strategy for the UK's fisheries, including measures that allow fish populations to recover while supporting local fishing industries and livelihoods. Development of the new marine bill provides an ideal opportunity to reform fishing laws that date back to the 19th century.
Fisheries
The marine bill consultation document contained little on fisheries - an omission that was justified by the number of specific fisheries consultations in recent years. However, policy makers have now expressed their desire to receive suggestions, ideas and plans on fisheries. Indeed, the UK government has identified the following areas where it considers primary legislation through the marine bill may be required:
- inshore fisheries management reform;
- enforcement powers (including powers of inspectors);
- a more active approach to managing recreational fisheries; and
- charging.
Inshore fisheries management reform
The government's stated goal of 'clean, healthy, safe, productive and biologically diverse oceans and seas' will only be achieved if the framework governing inshore sea fisheries is seen as a priority issue within the marine bill, given that fishing in the inshore sector is known to have a critical impact on the wider marine ecosystem.
WWF also believes that inshore fisheries management should be incorporated into the framework of Marine Spatial Planning to allow the adoption of an ecosystem-based approach.
Enforcement powers (including powers of inspectors)
The principal legislation governing inshore fisheries is the Sea Fisheries Regulation Act 1966, a consolidation of 19th century legislation, which defines the powers and responsibilities of these Sea Fisheries Committees (SFCs) for the management of inshore fisheries. Under the 1966 Act, SFCs may make byelaws regulating activities within the SFC district. The Sea Fisheries (Shellfish) Act (1967) (amended 1997) grants Several Orders1 (to individuals) and Regulating Orders (to companies) for the purpose of regulating the fishing opportunities of a range of shellfish species in a way designed to promote sustainable exploitation.
Paragraph 2.18 of the Defra publication Review of Marine Fisheries and Environmental Enforcement notes that significant increases in future fisheries enforcement are not expected but major increases are forecast in environmental enforcement.
WWF believes that inshore fisheries managers should be given improved enforcement powers, coupled with better resources for enforcement, to complement their broader remit and increased powers and duties. Provisions for the enforcement of any licence conditions will need to be considered, as will provisions for enforcing other stock conservation and environmental protection measures such as restrictions on fishing seasons, methods and gears, the establishment of low or no-take zones, and catch levels. Inshore fisheries managers should also be able to enforce emergency regulations.
A more active approach to managing recreational fisheries
We also support a more active approach to managing recreational fisheries, including the introduction of a licensing scheme and measures such as 'bag limits' (the number of fish you can keep). We support the principle that the fishing industry should be charged for its share of the cost of monitoring, regulatory and enforcement activities at a time when the offshore industry is viewed as 'profitable'.
Charging
The UK government's general policy is to charge for regulatory services. WWF supports the principle that the fishing industry should be charged for their share of the cost of monitoring, regulatory and enforcement activities. It should be noted that public costs are also incurred for Centre for Environment, Fisheries and Aquaculture Science (CEFAS) scientific work and this should be recognised as a subsidy.
While it is noted that the undesirability of charging UK vessels alone, and the affordability in the light of cumulative burdens may preclude charging of the offshore industry at present, a charging regime should be established and initiated at a time when the offshore industry is viewed as 'profitable'.
The marine bill offers an opportunity to consider changes in the legislation for Several1 and Regulating Orders (SROs) and the inshore boundary (i.e. whether inshore managers have authority to 6nm or 12nm).
WWF is seeking a new legislative framework that will address the weaknesses, gaps and inadequacies in the current system of inshore fisheries management (SFCs in England and Wales). This framework must clarify the aims and objectives of inshore fisheries managers and require the adoption of a proactive, precautionary, ecosystem-based approach.
In general terms, when it comes to inshore fisheries management WWF supports a system of regional fisheries management, rather than a completely centralised system. There could still be a potential role for a wider marine management organisation in the coordination of inshore fisheries management.
1A Several Order is an Order granted by Ministers to restrict the public right to fish an area of the seabed, to enable the establishment, improvement and protection of a shellfish fishery. Several Order fisheries provide personal ownership of specified species within the area covered by the Order. Regulating Orders grant the right to regulate the exploitation of a shellfishery. They are designed to improve the management of natural shellfisheries. A Regulating Order allows a wider range of controls to be made to regulate a public fishery. The difference between Several Orders and Regulating Orders is that Several Orders grant exclusive rights over an area of seabed for a specified species.