Marine Environment: Protection

House of Lords written question – answered at on 4 February 2002.

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Photo of Lord Judd Lord Judd Labour

asked Her Majesty'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.

Photo of Lord Whitty Lord Whitty Parliamentary Under-Secretary, Department for Environment, Food and Rural Affairs, Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

The 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.

Shipping 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.

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