Schedule 4
Marine and Coastal Access Bill [Lords]
Public Bill Committees, 7 July 2009, 10:30 am
Huw Irranca-Davies (Parliamentary Under-Secretary (Marine and Natural Environment), Department for Environment, Food and Rural Affairs; Ogmore, Labour)
I beg to move amendment 22, in schedule 4, page 236, leave out from beginning of line 35 to end of line 8 on page 237.
This amendment would delete paragraphs 6 to 8 (amending the Fishery Limits Act 1976). These provisions are redundant following a decision to deal with the issue in the transfer of functions order that will be made to transfer fisheries functions in the Welsh zone to Welsh Ministers.
I am glad to set the scene. Part 2 of the Bill defines various areas to be set up, including an exclusive economic zone under clause 41. That will allow the UK to assert its rights and assume its obligations under the 1982 United Nations convention on the law of the sea and will remove inconsistencies in the current maritime zones that we claim. Areas within the British fishery limits, the renewable energy zone, the pollution zone, and the gas importation and storage zone will be replaced by the one EEZ, simplifying the UK’s management of the offshore areas and bringing the UK into line with accepted international best practice.
Clause 42 introduces the UK marine area, which defines the geographic area referred to in the Bill for the purposes of managing our waters. It defines the UK marine area in relation to the existing territorial waters— 0 to 12 nautical miles—and offshore from 12 to 200 nautical miles, or to where the UK enjoys sovereignty. The Bill also makes it clear how the “marine” works in relation to tidal action, locks and harbour basins.
Clause 43 introduces a new Welsh fisheries zone, which will encompass the territorial sea adjacent to Wales, and offshore waters from 12 nautical miles to the median line. An Order in Council will set up the zone and define the precise boundaries, which will allow fisheries management functions to be carried out seaward of the territorial waters, and will provide for simplified management. That brings Wales into line with Scotland and Northern Ireland for fisheries management.
Amendment 22 is a simple, minor, technical amendment, the purpose of which is to remove provisions amending the Fishery Limits Act 1976 to take account of the creation of the Welsh zone. Those provisions are no longer necessary, as the required changes will be achieved by a transfer of functions order, which is to be made under clause 43, transferring fisheries functions in the Welsh zone to Welsh Ministers.