Marine and fisheries

Draft Guidance on Part 4 of the draft Marine Bill

Defra, with the Welsh Assembly Government, has prepared draft guidance notes covering Part 4 of the draft Marine Bill. These explain how it is intended the powers and duties contained in Part 4 of the Bill will be used in order to designate and protect Marine Conservation Zones (MCZs).

This guidance is a 'living document' and will be subject to amendment as policy positions change and the draft Bill progresses.  

We welcome views on how this draft guidance can be improved - you may submit comments in writing to:

Defra Marine Biodiversity Policy Team
1/05 Temple Quay House
2  The Square
Bristol BS1 6EB
Tel: 0117 372 8339
E-mail: marinebiodiversity@defra.gsi.gov.uk

If you would like to be notified of susbequent amendments to the guidance via email, please send a meassage to marinebiodiversity@defra.gsi.gov.uk and we will ensure you receive an email alerting you whenever we publish a new version.

Draft Guidance note on ‘Selection and designation of Marine Conservation Zones’ (Note 1)

This deals with the selection and designation of MCZs, and explains how it is proposed to use the power contained in clause 105 of the Bill, to designate MCZs as part of a wider network of Marine Protected Areas (which will also include European protected marine sites). The Bill gives the Secretary of State and Welsh Ministers wide discretion when deciding which areas to designate, and this guidance therefore sets out the principles which we want to follow in designing the network and in selecting individual MCZs as components of that network. It also explains how we intend to take account of social and economic considerations, the approach we will take in setting conservation objectives for MCZs, and the role we envisage for highly protected sites.

Draft Guidance note on ‘Duties on public authorities in relation to Marine Conservation Zones’ (Note 2)

This concerns the duties to be placed on public authorities and explains how it is anticipated the new duties will operate. The guidance covers both the ‘general duty’ on public authorities in clause 109, the parallel duty on consenting-authorities contained in clause 110, as well as the role of the statutory nature conservation bodies in giving advice. The duties (together with the duty placed on Inshore Fisheries and Conservation Authorities in England by clause 143) will play an important role in protecting MCZs from harmful activities and developments, in order to help further the conservation objectives for each site.

Draft Guidance note on ‘Conservation orders for Marine Conservation Zones’ (Note 3)

This deals with the use of conservation orders (and interim orders) and explains how the order-making powers will be used. Clauses 113 and 116 give the Marine Management Organisation powers to make orders in England, whilst clauses 118 and 120 give Welsh Ministers similar powers in Wales.

Conservation orders will be used to protect MCZs from potentially harmful activities which would otherwise be left unregulated, such as recreational activities. Interim orders can be used to protect features which are not yet protected, but where there is an urgent need for protection whilst consideration is given to designating an MCZ. The guidance makes clear that we want orders to be used in a focused and proportionate way, with early involvement of stakeholders where appropriate.  

Page last modified: 28 May 2008

Department for Environment, Food and Rural Affairs