| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
Lord Judd asked Her Majesty's Government:
- Whether effective penalties are applied for all illegal activities affecting the marine environment, including fines, confiscation of equipment and restoration where damage has occurred. [HL2439]
Lord Whitty: The Countryside and Rights of Way Act 2000 introduced new penalties for offences against protected marine species. It is still too early to judge the effectiveness of these penalties.
Competent authorities operating regulatory regimes in relation to European sites identified in accordance with the Birds and Habitats Directives are required to apply the provisions contained in Part IV of the Conservation (Natural Habitats etc) Regulations 1994 for the protection of such sites. Special nature conservation orders (SNCO) may be made in relation to any European site to control
activities which may damage or disturb the interest of the site and which are not otherwise controlled by regulatory regimes. Failure to comply with an SNCO could result in a potentially unlimited fine.Under merchant shipping legislation a magistrate can impose a fine of up to £250,000 on either the master or the ship-owner for an oil pollution offence. A magistrate may refer a more serious case to the Crown Court where there is no statutory limit on the fine that may be imposed.
Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
Lord Judd asked Her Majesty's Government:
- What action they are taking to strengthen monitoring, inspection and law enforcement in order effectively to protect the marine environment. [HL2440]
Lord Whitty: The Review of Marine Nature Conservation identified investigation of problems associated with existing regulatory, governance and enforcement mechanisms as a key area of work for the proposed regional seas pilot scheme. The scheme would examine issues such as the identification of gaps and weaknesses in marine nature conservation legislation.
In the case of pollution from ships, the Government have an effective policy on monitoring, enforcement, prosecution and cost recovery. The policy has recently been assessed and is kept under constant review.
Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
Lord Judd asked Her Majesty's Government:
- What action they are taking to improve the effectiveness of co-ordination between the relevant law enforcement authorities involved in protecting the marine environment, and to strengthen powers of arrest. [HL2441]
Lord Whitty: The proposed regional seas pilot scheme under the Review of marine nature Conservation would consider which enforcement agency or agencies might be most appropriate to enforce relevant legislation in the maritime area.
A memorandum of understanding is in place between the Maritime and Coastguard Agency and the Environment Agency which governs enforcement practices at the interface between sea-based and land-based pollution, and we contemplate a similar arrangement with harbour authorities. The Maritime and Coastguard Agency is a signatory to the Attorney-General's convention between prosecuting authorities to provide arrangments for ensuring effective co-ordination of decision-making and handling in related cases which are the responsibility of different authorities.
Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
Lord Judd asked Her Majesty's Government:
- What action they are taking to establish a representative network of nationally important marine protected areas within the United Kingdom's 200 nautical mile limit where activities are controlled and where damage to features of conservation or ecological importance is prevented or repaired. [HL2455]
Lord Whitty: A great deal of work has already been carried out in territorial waters to establish a UK network of special areas of conservation under the EC Habitats Directive. The conservation of these sites is now being actively pursued by the country conservation agencies. Work is currently underway to develop a complementary UK series of marine special protection areas under the EC Birds Directive. To apply the site protection requirements of both directives beyond the 12 nautical mile limit of our territorial waters, the Joint Nature Conservation Committee (JNCC) has been commissioned to identify and agree relevant habitats and species in the 12 to 200 mile marine zone; to develop selection criteria and refine habitat definitions; and to collate known data on those habitats and species. The JNCC is due to report in March 2002.
The interim report of the Review of Marine Nature Conservation recognises that there is a need to draw together the identification of those habitats, sites and species which are nationally important and which justify conservation action. We are considering how we might take this work forward.
Lord Judd asked Her Majesty's Government:
- What action they are taking to establish special management areas in the marine environment; and what priority they are according the protection of significant cultural seascapes.[HL2456]
Lord Whitty: The Government take the protection of underwater cultural heritage seriously and will be reviewing the existing legislation in this field as part of the forthcoming review of statutory controls applicable to the historic environment. Initiatives such as the establishing of marine national parks will be considered as part of this review.
The forthcoming Marine Stewardship Report will set out our vision and strategy for the sustainable development and conservation of the marine environment. We are looking at new ideas and initiatives for the protection and management of the marine environment in this context.
Lord Judd asked Her Majesty's Government:
- What action they are taking (a) to review the criteria for the selection of protected species and the biodiversity action plan to ensure that the precautionary principle is applied and (b) to implement them.[HL2458]
Lord Whitty: The Joint Nature Conservation Committee (JNCC) is currently co-ordinating the fourth Quinquennial Review (QQR) of the schedules to the Wildlife and Countryside Act 1981. Based on representations made to it, the JNCC will make recommendations to government on possible amendments to the schedules. Criteria for the selection of species for the current round have already been established, but all representations will be considered in determining the criteria for the next QQR.
The criteria for the selection of UK Biodiversity Action Plan species were first determined by the UK Biodiversity Steering Group in its report published in December 1995. The criteria for selecting marine species were subsequently reviewed by the marine sub-group. The sub-group took particular account of the limited knowledge surrounding distribution and population dynamics of species other than those that had been subject to recent and long-term survey analysis. It supplemented the original criteria with the following guidelines to produce a revised list of marine species: wide-ranging species which cannot be protected within a designated habitat; vulnerability to damage by pollution or physical disturbance such as trawling; low fecundity; high age of first maturity; inability to recolonise an area after loss or removal due to particular developmental biology (sessile species with benthic larvae or brooding young).
The revised list of priority species and action plans for a further 10 individual marine species and six groups of marine species were published in October 1999. Implementation of the marine species action plans is being co-ordinated by the UK Marine Biodiversity Action Plan Co-ordinating Group.
The next review of biodiversity action plan species is planned for 2005.
Lord Judd asked Her Majesty's Government:
- What action they are taking to prioritise the designation and sustainable management of special areas for conservation and special protection areas in the marine environment out to 200 nautical miles and to ensure that where necessary additional marine species such as turtles and sea fans are covered by existing provisions to protect them from reckless disturbance.[HL2459]
Lord Whitty: We are extending the implementation of the EC Birds and Habitats Directives beyond the 12 nautical mile limit of our territorial waters to areas over which we claim sovereignty. This will be achieved through legislation and will offer protection to species listed on those directives, which include some species of turtles, and to sites identified in accordance with developed guidelines. The Joint Nature Conservation Committee is due to report to government in March 2002 having been commissioned to identify and agree relevant habitats and species in the 12 to 200 mile marine zone; to develop selection criteria and refine habitat definitions; and to collate known data on those
habitats and species. Following consideration of the JNCC report, the UK will begin the identification of possible special areas of conservation and special protection areas required by the directives.
The pink sea fan receives protection under the Wildlife and Countryside Act 1981.
Next Section
Back to Table of Contents
Lords Hansard Home Page