Marine and Coastal Access Bill [HL]

I am grateful to the noble Duke, who has moved a probing amendment. We are introducing an authorisation scheme because the current position does not work sufficiently well. At the moment, the Environment Agency must issue licences to all who apply, subject to any net limitation orders or court-issued disqualification orders. It is only in those cases that the Environment Agency is permitted not to issue a licence. Other than that, it is an automatic issuance. The problem with that is that some fisheries can have a serious impact on stock or the aquatic environment, and we think they should be subject to tighter controls. The Bill will enable the agency to assess those fisheries that pose a higher risk to either fish stocks or the aquatic environment, which might involve new fishing methods that may develop and which have potential to harm the aquatic environment. In order to safeguard the situation, we want the agency to be able to refuse to grant an authorisation should the method present significant exploitation or harm. For that purpose we are amending the licensing provisions in the Salmon and Freshwater Fisheries Act 1975, through Clauses 207 and 209. Angling and fisheries undertaken under statutory entitlement will remain under licensing schemes, but Clause 207 gives Ministers the power to decide which nets and traps not used under statutory entitlement should be licensed and which should apply for authorisation. As to numbers, under the current rod regime the Environment Agency issues approximately 1.3 million rod and line licences and over 1,200 net and trap licences. I am told that the number of licences issued is not the same as the number of fishers; in particular, eel fishers hold a number of licences in order to set a number of eel traps and nets. At this stage we intend that only those who are targeting eels using fixed traps or racks or those targeting lamprey or smelt will be required to seek authorisation. Early indications are that this change will affect between 20 to 30 people out of over 1,000 who currently purchase net or trap licences, so the vast majority of those currently purchasing a licence to fish using nets and traps will continue under the same regime as before. The Environment Agency is currently considering the appropriate fee for authorisations. My understanding is that its thinking is that fees will be in line with those for a licence currently issued for that fishery. Early assessments are that the fee involved will be sufficient to cover the cost to the Environment Agency of assessing the effect of a particular method on a site or stock. Those costs not met through the fees will be absorbed by the Environment Agency through efficiency savings. I assure the noble Duke that the Environment Agency will consult widely on its proposed changes for authorisations later this year, and fishers will then have an opportunity to contribute their views.