Marine and Coastal Access Bill [HL]

I certainly agree with the noble Lord, Lord Wallace, that it is important to regulate fishing to ensure effective protection of marine habitats and the reduction of by-catch. It is worth making the point that we have introduced regulations in recent years with that purpose in mind. For example, in 2008, we introduced restrictions on the use of scallop dredgers and other damaging fish gear in Lyme Bay to protect the important seabed features in that area. In the same year we implemented a ban on scallop dredging in the Fal and Helford areas to protect the marine environment. These examples demonstrate that we already have flexible powers to hand to regulate fishing for marine environmental purposes. The powers we have used in these circumstances are those available under Sections 5 and 5A of the Sea Fish (Conservation) Act 1967. This has wide powers to allow prohibitions to be made to restrict fishing by any method so specified. Any order using these powers could therefore prohibit all specified methods of fishing other than those that do not damage the marine environment or species to be protected. Therefore, we do not think that the provisions sought by these amendments are needed as we already have powers to do what they seek to achieve, and those powers are actively being used. Amendment A246A seeks to add to the powers under Section 5A to restrict fishing for marine environmental purposes by including in the definition of "marine environmental purposes" the promotion of ecosystem recovery. Of course, we support the intention behind the amendment. However, we have clearly defined powers to achieve this aim. As I have argued on previous groups of amendments, the promotion of ecosystem recovery is too open-ended a concept to be placed in primary legislation in the way suggested. More precise commitments or duties on Ministers to conserve the marine environment are included in the habitats and birds directives and the Natural Environment and Rural Communities Act 2006. We can also exercise appropriate regulatory power in the areas that will be protected under marine conservation zones. If we are required to regulate or restrict fishing to meet these duties and commitments, the powers available under Section 5A can be used. The current wording of Section 5A is wide enough to encompass all elements of the marine environment where protection from fishing is called for, but we do not disagree at all with the substance of the noble Lord’s amendment.