Revised Approach to the Management of Commercial Fisheries in European Marine Sites Presented by: Robbie Fisher Date: 24 September 2012

Photograph – Angling Trust

Photograph – world seafishing forum

Overarching policy objective: To ensure that all existing and potential commercial fishing operations in England are managed in accordance with Article 6 of the Habitats Directive England by 2016 (Transposed into UK law through The Conservation of Habitats and Species Regulations 2010); Implemented through a risk prioritised and phased approach and applied to both UK and non-UK fishing activities in accordance with the EU requirements; Includes inshore and offshore ‘English’ marine areas; NOTE - Does not apply to existing Several, Regulating or Hybrid Orders, which are already compliant with Article 6 (eg aquaculture out of scope). 4

The Matrix Owned by Defra, using the matrix as a starting point – risk prioritisation tool developed to help IFCAs and MMO identify and act on risk in sites; The Matrix is guidance for IFCAs/MMO not a straight jacket; Fishing activities classed as Red, Amber, Green or Blue according the impact of the fishing method on the feature(s) for which a sites have been designated. 5

Milestones for Red activities For activities identified as Red, the Department expect management measures (where required) to be in place by end 2013; Where this is not practicable, they must have been identified by this date, and implemented by end May Regulators must provide an explanation to the Department if they are unable to put measures in place by end 2013; Consideration must be given to the use of emergency byelaw powers where it is clear there is an existing or imminent threat to any Red feature, including cases where a delay in implementation beyond the end of 2013 is expected. 6

Milestones for Amber activities Site level assessment will be required to assess whether management of an activity is required to conserve site features; Department’s strong preference is for the assessment to be carried out in a manner that is consistent with the provisions of Article 6(3); This is a 2 stage process 1) Likely Significant Effect (coarse) 2) Appropriate Assessment; The Department expects any required measures to have been identified and put in place by

Key points Regulators have a statutory duty to manage recreational activities to prevent damage or deterioration to sites; Although the Revised Approach does not apply to recreational activities there will be cases, when implementing the revised approach, where some regulators have chosen to treat all digging as one activity for management reasons; In some cases existing SSSI powers and Local Authority Byelaws are being employed to address risk. 8

The Matrix 9

10 Screenshot 2

The Matrix Screenshot 2 11

Evidence - Red Audit Commercial Intertidal handwork, Bait digging, Crab tiling and Seagrass Where there is an interaction seagrasses’ are considered highly sensitive to physical disturbance; Evidence for this categorisation is available from a small number of international, primarily experimental, peer-reviewed studies; Although these studies concern impacts on non-UK species of seagrass; they are considered relevant for the assessment of risk posed to seagrass habitats in the UK; Alexandre et al. (2005), Boese (2002), Boese et al. (2009), Cabaco et al. (2005), Davison & Hughes (1998), Eckrich & Holmquist (2000), Tyler-Walters & Arnold (2008). 12

Evidence - Amber-Green-Blue categories Range of primary (peer reviewed) and secondary sources and expert opinion used; ‘Best available evidence’ but still relatively poor compared to other categories; E.g. beam trawling on subtidal sand – 18 sources of evidence. Bait Digging on Intertidal Mud – 4 sources. 13

Next steps Defra working closely with IFCAs, MMO, Natural England and external stakeholders; Site based assessments – variable outcomes based on risk to site; Using existing management and communications; –Some new byelaws to protect Seagrass; –Voluntary measures; –Site based assessments for Amber/Green interactions; Evidence programme ( ); Communications and partnership working. 14

Key points Commercial bait digging is different than many other fisheries in the Matrix – likely to require a different approach; Use existing management – identify gaps; Risk based – no sledgehammers to crack nuts please; New evidence is needed to inform amber process. 15

End Thank you. Any questions? 16