Select Committee on Environment, Food and Rural Affairs Third Report

5 Assessing the Government's proposals

50. We now turn to the proposals and recommendations contained in Defra's consultation document, UK small cetacean by-catch response strategy. We have examined what we consider to be the most important of the proposals, which we have grouped as follows:

• proposals relating to the compulsory use of pingers on certain set net fisheries;
• proposals setting out action to be taken in respect of pelagic fisheries;
• proposals that would impose other restrictions on fishing effort;
• proposals relating to further research and data collection.

Our examination of each of these is set out in parts 6 to 9 of this report. It should be borne in mind that, because of the operation of the Common Fisheries Policy (CFP), Defra's proposals would apply only to UK-registered vessels and, subject to the exceptions in the CFP, to fisheries within the UK's territorial sea (12 nautical miles). Consequently, where relevant, we considered it important to assess the strategy document in light of the proposals contained in the European Commission's draft regulation, published subsequent to the strategy document.

Strategy document—a welcome step forward

51. We commend the Department for having taken the initiative in putting together a useful discussion of the problem of small cetacean by-catch as it affects UK vessels and fisheries, and for having acknowledged the seriousness of the problem. The document draws together helpful evidence from a range of sources and should act as a useful basis for future Government action in this area. The document was generally welcomed by our witnesses: although a number of reservations were expressed about the nature of the proposals contained therein, there was a general recognition that the mere fact of its publication represented a positive step forward.

Timing of implementation

52. It is not clear on the face of either Defra's proposals or the European Commission's draft regulation when either is likely to be implemented. In respect of the UK Government's proposals, the Minister told us, in December 2003, that he is "hoping to move forward with practical, concrete proposals in the New Year".[73] However, he also stated that "there will certainly be changes to our policy … we are already changing the policy as a result of what we are discovering all the time" as a result of the consultation exercise which ended on 13 June 2003.[74] He did not elaborate on the nature of those changes.

53. We also discussed with the Minister the likely timing for implementation of the Commission's draft regulation. The Minister stated that "we shall be pushing [the Commission's proposals] in the New Year in discussions both with the Commissioner and with colleagues … I cannot second-guess what timetable the Commission is going to use to implement the proposals … [but] I would hope that they would move forward with concrete proposals [in 2004]".[75] Defra's strategy document states that it is unlikely that any formal regulatory proposals from the Commission will be in place before the end of 2004.

54. The Minister emphasised to us that the Government will move ahead with implementing its own proposed mitigation measures, regardless of the timetable for implementing the Commission's draft regulation. We endorse this approach. We urge the Government to move with the greatest possible alacrity in implementing its proposals, whether or not the Commission's proposals make progress. Given that the proposals represent only a first step in addressing the cetacean by-catch problem, it is vital that they be put into practice as soon as possible, to enable their efficacy to be assessed and proposals for a 'second step' to be formulated. Furthermore, under the terms of the ASCOBANS agreement, the Government has committed itself to reducing total anthropogenic removal of small cetaceans to below 1.7% of the best estimate of the total population. It has not yet put in place any measures to address this target. Any further delay in acting to address the ASCOBANS target of reducing total anthropogenic removal of small cetaceans to below 1.7% of the best estimate of the total population is unacceptable.

55. Inevitably, however, any action taken by the UK Government will go only a small way towards mitigating levels of cetacean by-catch. Action at the European level is vital. For this reason, we urge the Government to continue to push for the speediest possible implementation of the Commission's proposals. The Commission itself recognises that its proposals are only a first, short-term step towards addressing the by-catch problem. The present proposals must therefore be implemented with all possible haste, so that a broader, more strategic programme can be formulated and put in place. Delays in implementing the Commission's draft regulation can only result in further depletion of populations of small cetaceans in Community waters.

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73   Q 211 Back

74   Q 212 Back

75   Qq 215-216 [Ben Bradshaw MP] Back

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Prepared 30 January 2004