The Marine Bill: An Overview and Some Thoughts

Abstract

This paper examines the Marine and Coastal Access Bill as it was tabled on 8th December 2008. It explores the failure of the Bill to include marine protection of over 3,000,000 km2 of the waters associated with overseas territories and Crown dependencies. It explains the necessity for close liaison with the European Commission and with the devolved administrations in Scotland, Northern Ireland and Wales, where responsibility for marine governance is not clear cut. It expresses some disappointment in the failure of the Bill to cover questions of ownership of marine resources in particular the right to fish, which remains held under ancient and flawed common law rules. The paper then investigates the content of the Bill, looking at the role and functions of the Marine Management Organisation including licensing of fishing vessels, wind farm consenting/creation of safety zones, consents under the Wildlife and Countryside Act, research, advice, assistance, training, and prosecutions. The Bill also establishes a framework for marine planning with potential for the creation of marine plans and marine policy statements covering the waters of England and Wales to the edge of the UK Exclusive Economic Zone. Such plans and statements will have persuasive effects on the organisations involved in marine management, but will not be completely binding. The Bill creates powers to licence numerous activities and if necessary delegate licensing function to the bodies such as the Marine Management Organisation. It also established new powers for the creation of Marine Conservation Zones. The paper explores the narrow purposes for which these Marine Conservation Zones and created, and contrasts these unfavourably with the draft Scottish Marine Bill, which permits Marine Conservation Zones for such purposes as community interest. The paper also acknowledges that no target has been set for the creation of Marine Conservation Zones, and raises some concerns over whether Marine Conservation Zones contain severe enough penalties, particularly in respect of commercial fishing where there is a specific exemption for fisheries damage. The paper explores the function of the new Inshore Fisheries Authorities which will replace existing Sea Fisheries Committees, but raises concerns that the new organisations will still remain vulnerable to conflicts of interests because of their membership.