The Marine Management Organisation (MMO) is providing advance notice of changes to fisheries laws it expects will affect the English/UK fishing industry throughout 2019.
The MMO, whose remit includes enforcing EU and UK fisheries regulations in English waters, is providing insight into its work in order to give industry as much certainty as possible and to help them prepare for changes. In response to discussions in the media and online, this guidance is being published to clarify that current fisheries laws will continue to apply immediately after the UK leaves the EU.
The full Landing Obligation (discard ban) will come into force on 1 January 2019. This means that for all fisheries, species with catch limits (quota species) will have to be landed and counted against quota. This includes undersize fish.
There are exemptions to this requirement subject to certain conditions. These are based on either the ability of the fish to survive capture and release (“survivability”); or on the difficulty of preventing capture of unwanted fish; or disproportionate cost of handling, (de minimis). For example, it is proposed that from 1 January 2019 plaice will be able to be discarded in certain fisheries due to its ability to survive capture and release.
In the new regulations there are also requirements for vessels to use more selective fishing gear. These will apply to parts of the Celtic Sea (from 1 July 2019) and area VIIa in the Irish Sea (from 1 January 2019).
Defra is working with the MMO and the fishing industry to identify ways to limit the risk of ‘choke’ species closing fisheries in 2019. A choke species is one for which there is not enough quota; when this runs out it may restrict opportunities to carry on fishing for other key species for which more quota is available.
The UK is also working with the European Commission and other Member States to develop other ways of limiting choke for the most high risk fisheries. These are likely to be agreed at December Council when the annual Total Allowable Catch and Quota Regulation is finalised.
The regulations are currently in draft form and may be subject to change. The MMO will issue more detailed guidance once the regulations for 2019 are finalised. However, if you want to view the draft recommendations as they stand currently, they are available here: North Sea, North Western Waters.
The technical conservation regulation is the legislation that aims to reduce the capture of juvenile fish and minimise environmental harm. A new regulation is currently in draft and it is likely to come into force in the first half of 2019.
The new draft technical conservation regulation is more streamlined that the original regulation. It aims to simplify the rules.
As explained in its compliance and enforcement strategy the MMO will provide guidance and raise awareness of the rules as a first step to achieving compliance.
Work being carried out by the MMO so that it can support industry to understand and comply with the changes includes:
UK fishermen will still need to comply with the changes despite the UK leaving EU. This is because the Government will be bringing EU rules into UK law as ‘retained EU law’ and so existing fisheries arrangements will continue to operate in the period following the UK leaving the EU. Retained EU law will then be replaced in time with domestic legislation but until then the existing rules apply and will be enforced by the MMO and other UK fisheries administrations.
The Environment Agency consults the public on certain applications for the abstraction and impoundment of water.
These notices explain:
Defra has consulted on environmental principles and governance after the UK leaves EU. See the full Defra consultation.
The Environment Agency welcomes government proposals to:
Taken together, and with the sustained work of the Environment Agency and other bodies, the Environment Agency believes these new arrangements will help protect and enhance the environment for future generations.
The Environment Agency welcomes the government’s agreement in the EU (Withdrawal) Act 2018 that the environmental principles should be set out in primary legislation. They endorse the principles identified.
The Environment Agency supports the proposal for a new independent body that’s accountable to Parliament. They welcome the government’s agreement that this body will have proportionate enforcement powers against Ministers of the Crown, including the ability to initiate legal proceedings. This will help ensure that the new body can hold the government to account when the UK leaves the EU.
The Environment Agency agrees that the new body should not replace or duplicate the role of other bodies, including the Environment Agency.
If you are planning a visit to Sandwell Valley Park, Forge Mill Farm or RSPB on Thursday 9 August, why not come and talk to Environment Agency staff about the Perry Barr and Witton Flood Risk Management Scheme?
Environment Agency staff will be setting up a stall near the Forge Mill Farm car park on 9 August, from 1pm to 4pm, to talk to local residents and visitors about the progress being made.
The completed scheme will reduce flood risk for 1,400 properties in the area. Phase 2 of the scheme, will provide additional flood storage at Forge Mill in Sandwell Valley, which is upstream of Perry Barr and Witton, and will control the flow of flood water downstream. Park users will have seen construction happening around Forge Mill Farm, at the golf course and along the river side.
Rachel Kelly, Environment Agency Project Manager for the Scheme said:
This is a great opportunity to find out more about what we’ve been doing so far and we have planned for the coming months. Come and hear more about the scheme, including an additional river crossing providing a circular walking route and environmental enhancements, such as the creation of wet woodland, crassula management (in conjunction with RSPB), tree planting, tree and hedgerow management and creation of new habitats in areas where we are taking material to build the embankment.
The main aspects of this phase include the building of a new embankment, installation of the river outlet and temporarily re-diverting the river.
The scheme, costing just over £32 million, is part of the Environment Agency’s programme of £2.6 billion investment into flood defences across the country. The scheme was made possible through funding contributions from Birmingham City Council, Regional Flood and Coastal Committee, Arts Council and crowd-funding.
The first phase of the scheme was completed in spring 2017. Following improvements to the existing upstream flood storage area at Perry Hall Playing Fields, Phase 1 delivered improvement works in Perry Barr and Witton, including wall repairs and wall raising along Brookvale Road, construction of walls along Tame Road and installation of a flood gate at the Atlas Industrial Estate entrance. These measures in isolation do not provide a big enough reduction in flood risk, although they did successfully prevent properties from flooding in May 2018, so Phase 2 will provide the necessary flood water storage during a major flood, such as that experienced in 2007.
Along with flood defences and flood management schemes, knowing your flood risk is also important when protecting your family and property from flooding. People can check their risk and register to receive free flood warnings by visiting our page on preparing for flooding or calling Floodline on 0345 988 1188.