Post by seajunky on Feb 14, 2009 3:29:53 GMT -12
The Marine Bill - what will it mean for marine nature conservation?
The draft Marine Bill was published by Defra on 3 April 2008, and will be subject to pre-legislative scrutiny in Parliament over the summer.
More information on the draft Bill, including the accompanying Policy Paper and Impact Assessment, is available on Marine Bill page.
The draft Bill contains various proposals which will help us to better protect marine ecosystems, and stem the decline in marine biodiversity. Part 4 provides for the designation and protection of Marine Conservation Zones but other Parts of the Bill are also relevant.
Some marine habitats and species are already protected under European legislation (as Special Protection Areas for birds and Special Areas for Conservation for habitats) or under the Wildlife and Countryside Act 1981 (as Marine Nature Reserves). However, the former only protects habitats and species considered to be important at the European scale whilst the 1981 Act has proved to be limited in its effectiveness and applicability. Part 4 of the draft Bill seeks to address these gaps. The marine protected areas page contains more information about other types of sites.
Part 4 of the draft Marine Bill - Marine Conservation Zones
Defra has included new provisions in Part 4 of the draft Bill, published on 3 April 2008, enabling Ministers to designate and protect a new type of marine protected area, to be called Marine Conservation Zones (MCZ). MCZs will exist alongside European marine sites (SACs and SPAs), to form a marine protected areas network. Existing Marine Nature Reserves at Lundy and Skomer will be converted into MCZs.
MCZs will protect areas covering the habitats and species which exist in our seas. They will be both large enough, and close enough together, to support functioning communities of marine wildlife. They will be used to protect areas that are important to conserve the diversity of rare, threatened and representative habitats and species, such as such as the rare fan shell (Atrina fragilis), the ocean quahog clam (Arctica Icelandica), seagrass (Zostera) and maerl beds.
More information on how MCZs will be selected
Each MCZ will have its conservation objectives set out in the designating order. This will effectively determine the level of protection for the site. The draft Bill proposes two new duties on all public bodies in respect of MCZs. Firstly all public bodies will be under a general duty to exercise their functions in a manner which will further the conservation objectives for MCZs (clause 109). Secondly, public bodies will be under a duty not to authorise anything where there is a significant risk of it hindering the conservation objectives for a site (clause 110).
The draft Bill also allows for conservation orders (and interim orders where urgent action is needed). These are similar to byelaws and can be used to regulate otherwise unregulated activities when this is necessary to further the conservation objectives for an MCZ (or potential MCZ).
We have produced draft guidance which provides more detail about how we envisage the provisions of Part 4 of the draft Bill will work in practice.
Other parts of the draft Marine Bill
The draft Marine Bill covers a goes much wider than allowing for the designation and protection of MCZs. Modernising and integrating our approach to the wider marine environment will help us to further our nature conservation objectives as effectively as possible and in ways which take full account of the wider social and economic context. Our proposals for marine planning (Part 2) and licensing (Part 3), Reform of fisheries management (Parts 6 and &) and creation of a Marine Management Organisation (Part 1) will each deliver benefits for conservation of marine wildlife.
‘Protecting our marine environment through the Marine Bill’ leaflet
We have produced a non-technical leaflet on ‘Protecting our marine environment through the Marine Bill’. You can down load a pdf version here (1.42 MB).
Evidential basis for legislation
Information regarding the research evidence base for the proposals contained in the draft Marine Bill.
Further information
If you would like to find out more about how the Marine Bill provisions will help to protect marine nature conservation, if you would like to requested a printed copy of the leaflet, please contact Defra’s Marine Biodiversity team, Zone 1/05, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB. Email: marinebiodiversity@defra.gsi.gov.uk.
The draft Marine Bill was published by Defra on 3 April 2008, and will be subject to pre-legislative scrutiny in Parliament over the summer.
More information on the draft Bill, including the accompanying Policy Paper and Impact Assessment, is available on Marine Bill page.
The draft Bill contains various proposals which will help us to better protect marine ecosystems, and stem the decline in marine biodiversity. Part 4 provides for the designation and protection of Marine Conservation Zones but other Parts of the Bill are also relevant.
Some marine habitats and species are already protected under European legislation (as Special Protection Areas for birds and Special Areas for Conservation for habitats) or under the Wildlife and Countryside Act 1981 (as Marine Nature Reserves). However, the former only protects habitats and species considered to be important at the European scale whilst the 1981 Act has proved to be limited in its effectiveness and applicability. Part 4 of the draft Bill seeks to address these gaps. The marine protected areas page contains more information about other types of sites.
Part 4 of the draft Marine Bill - Marine Conservation Zones
Defra has included new provisions in Part 4 of the draft Bill, published on 3 April 2008, enabling Ministers to designate and protect a new type of marine protected area, to be called Marine Conservation Zones (MCZ). MCZs will exist alongside European marine sites (SACs and SPAs), to form a marine protected areas network. Existing Marine Nature Reserves at Lundy and Skomer will be converted into MCZs.
MCZs will protect areas covering the habitats and species which exist in our seas. They will be both large enough, and close enough together, to support functioning communities of marine wildlife. They will be used to protect areas that are important to conserve the diversity of rare, threatened and representative habitats and species, such as such as the rare fan shell (Atrina fragilis), the ocean quahog clam (Arctica Icelandica), seagrass (Zostera) and maerl beds.
More information on how MCZs will be selected
Each MCZ will have its conservation objectives set out in the designating order. This will effectively determine the level of protection for the site. The draft Bill proposes two new duties on all public bodies in respect of MCZs. Firstly all public bodies will be under a general duty to exercise their functions in a manner which will further the conservation objectives for MCZs (clause 109). Secondly, public bodies will be under a duty not to authorise anything where there is a significant risk of it hindering the conservation objectives for a site (clause 110).
The draft Bill also allows for conservation orders (and interim orders where urgent action is needed). These are similar to byelaws and can be used to regulate otherwise unregulated activities when this is necessary to further the conservation objectives for an MCZ (or potential MCZ).
We have produced draft guidance which provides more detail about how we envisage the provisions of Part 4 of the draft Bill will work in practice.
Other parts of the draft Marine Bill
The draft Marine Bill covers a goes much wider than allowing for the designation and protection of MCZs. Modernising and integrating our approach to the wider marine environment will help us to further our nature conservation objectives as effectively as possible and in ways which take full account of the wider social and economic context. Our proposals for marine planning (Part 2) and licensing (Part 3), Reform of fisheries management (Parts 6 and &) and creation of a Marine Management Organisation (Part 1) will each deliver benefits for conservation of marine wildlife.
‘Protecting our marine environment through the Marine Bill’ leaflet
We have produced a non-technical leaflet on ‘Protecting our marine environment through the Marine Bill’. You can down load a pdf version here (1.42 MB).
Evidential basis for legislation
Information regarding the research evidence base for the proposals contained in the draft Marine Bill.
Further information
If you would like to find out more about how the Marine Bill provisions will help to protect marine nature conservation, if you would like to requested a printed copy of the leaflet, please contact Defra’s Marine Biodiversity team, Zone 1/05, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB. Email: marinebiodiversity@defra.gsi.gov.uk.