Marine and Coastal Access Bill [HL]

I am grateful to all noble Lords for their contributions on this important amendment, and particularly to the noble Lord, Lord Nickson, for his, which puts things in a broader context that we must have regard to. He will appreciate that the Bill defines certain obligations within a certain framework, but he is absolutely right that we have enough anxieties about conservation issues on these extremely important species and need to take that into account when making our arrangements. I shall deal first with the noble Duke, the Duke of Montrose, who asked me specific questions about the split of responsibilities between inshore fisheries and the conservation authorities and the Environment Agency, which is an important dimension to the Bill. The Environment Agency will lead on protection for salmon, trout and other migratory species and freshwater fish in estuaries and as far out as the six-nautical-mile limit. Inshore fisheries and conservation authorities will lead on marine species. That is the division in the Bill. However, the inshore fisheries and conservation authorities will be able to introduce by-laws for the regulation of sea fisheries to protect salmonids and other migratory species. That arrangement exists at present and will continue under the Bill, because migratory species are included in the wider definition of the "marine environment", so by-laws to regulate sea fisheries—for example, to set bass nets at a certain level so that salmon can swim over them—can continue. Inshore fisheries and conservation authorities will work with the Environment Agency, as sea fisheries committees do at present, so that appropriate measures can be taken to regulate sea fisheries in a way that protects salmon and other migratory species. The Government are at one with all representations made on the amendment about the necessity for protection, of course. Such an approach has been used in the past. For example, the Southern Sea Fisheries Committee worked with the Environment Agency to introduce a fixed engine by-law to protect salmonids within the district. The general duty of inshore fisheries and conservation authorities, along with the duty to co-operate, cross-warranting arrangements and Environment Agency representation on each inshore fisheries and conservation authority, will ensure that that arrangement continues and is strengthened by the Bill. The noble Lord, Lord Dear, raised some wider issues. He was supported by the noble Lord, Lord Livsey, and the context was established by the noble Lord, Lord Nickson. There is no provision for delegation of the functions of the IFCAs, as we believe that the model in the Bill is correct; obviously, we are defending the structure of responsibilities in the Bill. However, a range of provisions will ensure joined-up working. There is clearly a duty for co-operation between the IFCAs and the Environment Agency in Clause 165, cross-warranting of others will be possible and, as I mentioned a moment ago, the Environment Agency will have a seat on every IFCA. Therefore, while defending the responsibilities of the IFCA, we have the basis for the fullest co-operation and participation of the Environment Agency in the work. The substance of the amendment commends itself to Members of the Committee, particularly the noble Lord, Lord Dear, who spoke forcefully on this issue, and the noble Lord, Lord Livsey. However, we have the structure in the Bill right and this additional wording is unnecessary for migratory species because the effect of the amendment is already in the Bill. The general duty of the inshore fisheries and conservation authorities in Clause 149 includes the protection of the marine environment from the effects of exploitation of sea fisheries resources. I hasten to re-emphasise that the definition of the "marine environment" includes, under Clauses 149(2)(b) and 177(1), flora and fauna which are dependent on or associated with a marine or coastal environment. The general duty of the inshore fisheries and conservation authorities therefore includes the protection of those species set out in subsection (7) which fall within the definition of the "marine environment". That is all the migratory species. The duty set out in the Bill will require the inshore fisheries and conservation authorities to take action where sea fisheries under their jurisdiction are impacting, or have the potential to impact, on salmonids, other migratory fish or freshwater fish. I hope that I have given to Members of the Committees a response to the two anxieties presented in the debate. One was about the relationship between the IFCAs and the Environment Agency and how they would dovetail. On the second, the inshore fisheries and conservation authorities have responsibility for the migratory species in the way in which I have described it. Having allayed anxieties, I hope that the noble Duke will feel able to withdraw his amendment.