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107 Marine and Coastal Access Bill 26 OCTOBER 2009 Marine and Coastal Access Bill 108<br />

[Lords]<br />

[Lords]<br />

[Rob Marris]<br />

but I hope that, when he winds up the debate, the<br />

Minister will tell us where else in statute a provision<br />

exists enabling a Secretary of State, by regulation, to<br />

remove a defence.<br />

We all know that regulations create offences from<br />

time to time, but removing a defence and doing it so<br />

quickly—if that is the Government’s intention—strikes<br />

me as very surprising. I hope that the Minister will tell<br />

us whether the Government have any such ideas, if not<br />

a fixed intent. If they have such ideas, perhaps he will<br />

explain why the removal of the defence in subsection (4)<br />

is not itself a Government amendment, rather than the<br />

Secretary of State’s being given an order to take such<br />

action on a whim and on the basis of regulations that<br />

will have much less scrutiny.<br />

Martin Salter: I congratulate the hon. Member for<br />

Great Grimsby (Mr. Mitchell) on lightening our<br />

proceedings. I think that most of us wondered whether<br />

we would achieve such levels of excitement.<br />

Let me begin by identifying an absurdity that has<br />

featured in a number of statements made today. Members<br />

have said that it is not possible to create a patchwork<br />

quilt of marine conservation zones—that they will not<br />

work. Every Member has been lauding the achievements<br />

of Lundy as a no-take zone. That is the first patch in the<br />

patchwork quilt that we need to establish around these<br />

shores, if there are to be any fish left for the people of<br />

Great Grimsby and elsewhere to fish for.<br />

I oppose new clause 8, and I oppose amendment 24,<br />

which seeks to enhance the sea fisheries defence. I<br />

support Government amendment 5, which seeks to<br />

minimise that defence in the context of the reform of<br />

the common fisheries policy, as outlined by the hon.<br />

Member for Newbury (Mr. Benyon). By way of a<br />

change, I support Government amendments 13 and 14,<br />

which seek important reforms to the Salmon and<br />

Freshwater Fisheries Act 1975.<br />

It is a pleasure to follow a number of speeches,<br />

particularly those of my hon. Friend the Member for<br />

Wolverhampton, South-West (Rob Marris) and the hon.<br />

Member for Broxbourne (Mr. Walker). However, I must<br />

take issue with what the hon. Member for Broxbourne<br />

said about accidental damage. There is nothing accidental<br />

about beam trawling. Beam trawling is an environmental<br />

disaster. If we were to translate it to the agricultural<br />

field—pardon the pun—it would mean a farmer ploughing<br />

the same field seven times in a single growing season.<br />

Beam trawling does long-term environmental damage<br />

and cannot exist alongside conservation and sustainable<br />

fisheries. They are completely opposed, and such damage<br />

is not done accidentally.<br />

Mr. Walker: I hope the hon. Gentleman will recognise<br />

that I was expressing concern that accidental damage<br />

might be a universal get-out clause for the fishing<br />

industry.<br />

Martin Salter: I welcome that clarification.<br />

There need not be a conflict between fishing—whether<br />

commercial or recreational—and conservation, provided<br />

that the fishermen decide to come down in favour of<br />

conservation. Turning to my own sport, I have lost<br />

count of the number of arguments I have had with<br />

salmon anglers who opposed the bringing in of the rule<br />

of returning spring salmon before 16 June. It has finally<br />

got into the psyche of Britain’s game anglers that we<br />

cannot continually remove spawning fish from the food<br />

chain and expect a run of salmon in subsequent years.<br />

Fishermen can be conservationists, but the choice is<br />

theirs, and fishermen or their public representatives<br />

who choose to oppose the single most important piece<br />

of environmental legislation affecting the coastline and<br />

seas of this nation have clearly not opted to come down<br />

on the side of conservation.<br />

Mr. MacNeil: Will the hon. Gentleman give way?<br />

Martin Salter: No, I will not.<br />

I have huge affection and respect for my hon. Friend<br />

the Member for Great Grimsby. He is a doughty champion<br />

for his constituency and for the commercial fishing<br />

interest, but I say to him that he will do them no favours<br />

in the long term if he encourages people to set their<br />

faces against the very conservation measures that are<br />

designed to protect the existence of the fish that his<br />

constituents wish to catch.<br />

I get tired of listening to the argument that people<br />

have had a traditional right to pursue their quarry in<br />

this way. The same argument was made about the white<br />

rhino in Africa until it was hunted to extinction, and the<br />

Spanish and the Portuguese are making the same argument<br />

about the bluefin tuna fishery. Bluefin tuna have got<br />

probably months, and certainly no more than two or<br />

three years, left to exist as a species that can be sustainably<br />

harvested. Sadly, a couple of years ago in Luxembourg<br />

the European Fisheries Council recommended quotas<br />

that were twice as generous as those that should have<br />

been introduced in order to secure sustainability.<br />

Mr. MacNeil: Will the hon. Gentleman give way?<br />

Martin Salter: No, because there is very little time.<br />

The commercial sector broke those quotas by a factor<br />

of 100 per cent. Unless we change the terms of this<br />

debate, and unless we in this House come down forthrightly<br />

on the side of conservation, there is no hope for the<br />

commercial fishing industry or recreational fishing.<br />

Mr. Austin Mitchell: Will my hon. Friend give way?<br />

Martin Salter: I shall give way to my hon. Friend.<br />

Mr. Mitchell: I am grateful to my hon. Friend for his<br />

moving tribute to me, but, as far as I know, we are<br />

talking about white herring, not white rhino. It is not<br />

true that the fishing industry is opposed to conservation<br />

measures; it supports them, but it wants its position to<br />

be made clear within them. As my hon. Friend is such a<br />

passionate supporter of marine conservation zones, will<br />

he tell us whether he wants them to become no-fishing<br />

zones?<br />

Martin Salter: I certainly support the power in the<br />

Bill to have, on the basis of good scientific evidence,<br />

MCZs that are no-take zones where appropriate. They<br />

could be established for a host of reasons, but particularly<br />

in nursery areas for recovery species. We have already<br />

witnessed commercial fishermen in the south-west praising<br />

the fact that their catch has risen as a result of the

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