§ Lord Judd asked HerMajesty's Government:
What action they are taking to stengthen the law and penalties applying to international or reckless disturbance, damage or destruction to or of any elements of the marine environment. [HL2436]
§ Lord WhittyThe protection afforded to cetaceans and basking sharks was recently strengthened by the Countryside and Rights of Way Act 2000. This Act introduced a new offence of intentional or reckless disturbance to any species of cetacean or basking shark. It was already an offence to intentionally kill, injure or take any protected marine species under the Wildlife and Countyside Act 1981. The penalties for offences against protected marine species were also increased to a maximum fine of £5,000 or six months' imprisonment, or both.
The Government plan to launch a consultation exercise in the spring on regulations to transpose the Habitats and Birds Directives to the limit of jurisdiction of UK waters. The regulations include new criminal penalties in relation to acts carried out that result in deterioration, damage or destruction of a breeding site or resting place of a European protected species.
67WAShipping is subject to a wide range of international conventions, reflected in UK national law, which are effective in imposing duties and obligations on maritime interests, many of them being directed specifically towards the protection of the marine environment. Penalties in national law are also set at an appropriate level. The Government are extending the scope of secondary legislation to implement international conventions negotiated in the forum of the International Maritime Organisation (IMO) and the UK works in the IMO to develop conventions to further protect the marine environment.
Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
§ Lord Juddasked Her Majesty's Government:
What action they are taking to ensure that relevant United Kingdom or devolved Ministers have the power to introduce restrictions and controls on activity on land or sea that pollute the marine environment and to ensure that strict conditions are applied whenever and wherever offshore activities are licensed to take place. [HL2437]
§ Lord WhittyThe UK is a contracting party to the OSPAR Convention for the Protection of the Marine Environment of the North East Atlantic. Under this convention we are committed to take the measures necessary to prevent and eliminate pollution and protect the maritime area against the adverse effects of human activities. Among other things, we are committed to the target of 2020 for the cessation of discharges, emissions and losses of hazardous and radioactive substances of most concern into the marine environment.
A range of mechanisms are in place to carefully consider the environmental impacts of offshore activities on the marine environment before any activities are licensed. For example, decisions about granting consent for exploration or development projects carried out under petroleum licensing will take place in the light of public consultation on a strategic environmental assessment of those areas. They will take account of, among other things, the requirements of the regulations that apply the Habitats and Environmental Impact Assessment Directives to offshore oil and gas activities. Any consents granted may be subject to conditions designed to protect particular environmental sensitivities.
Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
§ Lord Juddasked Her Majesty's Government:
What action they are taking to ensure that relevant United Kingdom or devolved Ministers have the power to make emergency and stop orders to restrict activities that have the potential to damage the marine environment. [HL2438]
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§ Lord WhittyMatters relating to marine areas beyond 12 nautical miles are reserved to UK Ministers. Ministers in the devolved administrations have responsibility for matters relating to nature conservation within 12 nautical miles.
Ministers in England have powers under Regulation 22 of the Conservation (Natural Habitats & c.) Regulations 1994 to make special nature conservation orders (SNCOs). SNCOs can be made in respect of all special protection areas classified under the EU Birds Directive, including those with one or more marine habitat types, and, in England, all candidate special areas of conservation, identified under the EU Habitats Directive. SNCOs may prohibit or restrict operations that have damaged or have the potential to damage the habitat or species interest features for which an individual site has been designated.
Under the Radioactive Substances Act 1993, inspectors have authority to serve enforcement notices and prohibition notices. If the inspector has grounds for believing that a criminal offence has been committed, evidence will be gathered with a view to considering prosecution.
Maritime emergencies must allow for the possibility of simultaneous operations at sea, in the air and on shore. To ensure the best overall control of such operations, the Government have created the role of the Secretary of State's Representative for Maritime Salvage and Intervention (SOSREP). On behalf of the Secretary of State for Transport, Local Government and the Regions, SOSREP has the power to oversee, control and, if necessary, to intervene in salvage operations within UK waters involving vessels or fixed platforms where there is a significant risk of pollution. The powers of direction invested in SOSREP are extensive and are called into play when he believes that the public interest is not being adequately protected.
Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
§ Lord Juddasked 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 WhittyThe 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 69WA 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 Juddasked 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 WhittyThe 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 Juddasked 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 WhittyThe 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 coordination of decision-making and handling in related cases which are the responsibility of different authorities.
70WAResponsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.
§ Lord Juddasked 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 WhittyA 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 Juddasked 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 WhittyThe 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 Juddasked 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]
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§ Lord WhittyThe 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 subgroup. 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 Juddasked 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 WhittyWe 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 those72WA 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.
§ Lord Juddasked Her Majesty's Government:
What action they are taking to ensure effective legislation in support of a national bycatch response strategy designed to reduce bycatch of protected species to levels which protect their conservation status. [HL2460]
§ Lord WhittyThe UK was instrumental in gaining approval at the last Meeting of the Parties to the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) to a resolution which clearly identifies that cetacean bycatch above 1.7 per cent of the current abundance estimate constitutes an unacceptable interaction. In July 2001, the Government set up a working group to develop a co-ordinated UK bycatch response strategy which would identify what measures (including legislative changes, if necessary) can be taken to work towards meeting the ASCOBANS target. The group will report later this year.