Fisheries Bill [HL] — House of Lords, 2020-03-04
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, I am most grateful to all noble Lords who have contributed to this very interesting debate relating to the Bill’s new provisions for the UK Government and, where appropriate, the devolved Administrations, to publish fisheries management plans. These plans will set out the action that we will take to get stocks to sustainable levels. Where we cannot make such an assessment, we will gather scientific data so that such an assessment is possible. The noble Baroness, Lady Jones of Moulsecoomb, knows how fond I am of her. The sustainability objective is the first objective of this Bill. I am starting to take exception to the questioning of the bona fides of the Government, who have worked with the devolved Administrations to bring this forward. This Bill is absolutely predicated on sustainable fishing for the future, and we will not be doing our fishing community any good if we overfish and do not have good custodianship of our waters. That is the whole basis of this work, and the legally binding nature of the statement and the fisheries plan. When I hear noble Lords talking as if this Government were being negligent about sustainability and the importance of sustainability to the whole basis of this work, I will go round in circles and re-explain why these objectives are part of a balance which we have agreed with the devolved Administrations I am most grateful to the noble Baroness, Lady Jones of Moulsecoomb, for tabling Amendment 33. I recognise her clear intention to ensure that fisheries management plans make a vital contribution to enhancing the protection of the marine environment. I firmly believe that the clauses as drafted in this Bill will support a holistic, ecosystem-based approach to fisheries management. I hope that the noble Baroness, Lady Bakewell, will not be embarrassed by me highlighting what she said: that this country is well ahead. It is recognised as one of the leaders. Obviously, we want to be doing even better than everyone else, but it is important to reflect on the bona fides of all Administrations to get this right and to have a vibrant fishing fleet The joint fisheries statement requires the Administrations to explain how fisheries management plans will contribute to the fisheries objectives, including the ecosystem objective. The four fisheries administrations are also bound by our wider body of marine legislation, including the provisions in the Marine Strategy Regulations, the Conservation of Habitats and Species Regulations and the Marine and Coastal Access Act. The fisheries management plans will make an appropriate contribution to delivering these broader obligations, and I am confident that these plans will deliver the environmental improvement that the noble Baroness, and all noble Lords, are rightly seeking In relation to Amendments 34 and 48, the clause already requires fisheries administrations to set out policies to manage stocks in such a way as to restore them and grow them over time. I agree that in some circumstances it may be necessary or desirable to fish some stocks below maximum sustainable yield for conservation purposes. This could be to ensure that all stocks in a mixed fishery can be managed sustainably, for instance. The clause already allows this. To refer specifically to the second part of the amendment tabled by the noble Baroness, we already have spatial measures to protect key areas of the sea to allow recovery, and fishing stocks at levels no greater than their maximum sustainable level will, by default, leave a proportion of the stock to allow regeneration. The UK Government are also committed to supporting our fishers. It is therefore important that fishing activities are managed to achieve economic, social and employment benefits, as well as contributing to the availability of food supplies. The noble Baroness, Lady Young of Old Scone, tabled a series of important amendments on the topic of the health of stocks, measured by BLIM. This is the scientific term for the limit reference point for all the mature fish in a particular stock. Amendment 55 from the noble Baroness would add a definition of BLIM to the Bill. This amendment cannot be considered in isolation as it links with other amendments that aim to introduce provisions to manage stocks to levels above BLIM elsewhere in the Bill—so I will address it first The proposed definition of BLIM—I have to say that I am not an expert on this, so this is what I am advised—is not the same as that used by the International Council for the Exploration of the Seas, ICES, the body which provides scientific advice on many of the fish stocks in the North Atlantic. ICES defines BLIM as: "A deterministic biomass limit below which a stock is considered to have reduced reproductive capacity." Introducing a different definition in law could inadvertently create issues with interpreting and applying ICES’s advice in future. I am very happy to have a discussion with the noble Baroness, if that would help, because I am afraid it is out of my area of expertise and it might be interesting Returning to Amendment 45, there are many factors that can affect the biomass of a fish stock, and fisheries management plans will have to take them into account. Commercial fishing is by no means the only pressure on fish-stock biomass, although I acknowledge that it often is the most significant. Of course, a priority of the fisheries administrations will be to recover fish stocks to healthy levels of biomass, and this will be a key purpose of fisheries management plans. Fisheries administrations will produce fisheries management plans irrespective of whether the stock is overfished, because stocks currently fished at sustainable levels must also be managed attentively to ensure that they maintain their biomass status This amendment would restrict authorities to creating fisheries management plans only for commercially exploited stocks and those below BLIM, which would not be the best outcome for all stocks found in UK waters. This amendment may also inadvertently mean that we would be unable to manage some stocks. For instance, there are data-poor stocks where it is not possible to set a BLIM level. This includes certain stocks of lemon sole, ray, dogfish and boarfish. The Bill’s objectives already seek to provide that the health of stocks is restored and maintained and, in particular, the stocks below BLIM would be covered by the precautionary objective. This means that the amendment is not required to achieve its desired purpose and would instead create an inappropriate restriction in the remit of authorities to create fisheries management plans Amendments 49 and 49A allow me to set out the important matter of how policies support the achievement of the objectives. The clause in question places a duty on fisheries authorities to set up policies to restore and maintain a stock to sustainable levels, or contribute to these aims, when there is sufficient scientific evidence to do so. These amendments would delete the section on contributing to these aims, which would mean that the policies would have to restore or maintain a stock immediately to sustainable levels, which may not be possible. Furthermore, Amendment 49A adds an unnecessary requirement to meet unspecified criteria on taking a precautionary approach, as plans will already have to be compatible with the precautionary approach I say also to my noble friend Lady McIntosh that fisheries management plans can include details of the type of stock, the type of fishing and the geographical area to which they relate. Each plan could therefore cover multiple stocks in a geographical area. Clause 2(5) makes it clear that fisheries management plans set out policies for "one or more stocks". I assure the noble Baroness that the wording on "contributing" does not remove the duty for authorities to restore and protect stocks To give an example of a policy that would contribute to a stock’s sustainability, if a fisheries management plan covers a fishery that targets only part of a stock, the policies set out within that plan cannot achieve sustainability for the whole stock. The devolution settlement allows for the different fisheries administrations in the UK to produce their own plans that contribute to a stock’s management, and the clause reflects this. The proposed amendments would run contrary to the devolution settlement. The same applies for stocks shared with other countries, where our policies, no matter how effective, can go only so far as to contribute to the restoration or protection of stocks.