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Report by the Secretary of State for Environment Food and Rural Affairs on the proceedings under section 6 of the Sea Fisheries (Shellfish) Act 1967 for 2009.

Type

Unprinted papers

Date

13 December 2010

House

House of Commons

Oyster Farming: Licences

To ask Her Majesty’s Government, further to the Written Answer by Lord Davies of Oldham on 4 March (WA 383), which organisations the Marine and Fisheries Agency consulted in considering an application under the Coast Protection Act 1949 for the erection of cages for oyster farming in the Helford River...

Asked by

Lord Berkeley (Labour)

Type

Written questions

Status

Answered

Answered on

14 June 2010

Consent for the Duchy of Cornwall Oyster Farm (DC 8593) was granted on 31 March 2010. Organisations that were consulted were: Natural England; Port of Truro Harbour office; Maritime and Coastguard Agency; Carrick District Council; Cornwall Sea Fisheries Committee; Marine Management Organisation (previously the MFA) District Office; Duchy of Cornwall; Cefas; Environment Agency; Falmouth and Truro Port Health Authority; Royal Yachting Association; Trinity House; and Cornwall Council. Section 14 of the Food and Environment Protection Act (Part II) 1985 (FEPA) requires the Marine Management Organisation (MMO) to maintain an up-to-date register of details relating to licence and consent applications and those that have been issued. The regulations ensure that almost all the information provided in support of an application, details of the licence granted (or reasons for its refusal) and data accrued during inspection and monitoring of a licensed operation are available on the public register. With regards to commissioning an independent environmental study of the application, Natural England (NE) has regulatory functions under the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) ("the habitats regulations"), and the Wildlife and Countryside Act 1981 in relation to that part of the Fal and Helford special area of conservation (SAC) which is notified as a site of special scientific interest. The MMO (which was vested on 1 April 2010 and took on the duties of the former Marine and Fisheries Agency) consulted NE for its advice and was sent a response which stated: ""Given these details, Natural England feels that this project is not likely to have an adverse impact on the integrity of the Fal & Helford SAC and therefore does not object to the proposed development"." Therefore, an appropriate assessment was not required.

Date

14 June 2010

Reference

180; 719 c90-1WA

House

House of Lords

Oyster Farming: Licences

To ask Her Majesty's Government who is responsible for ensuring that an environmental impact assessment is obtained before a licence can be granted for the cultivation of pacific oysters on underwater trestles in a special area of conservation at Tremerlin Cove, in the Helford River, Cornwall; whether such a licence...

Asked by

Lord Berkeley (Labour)

Type

Written questions

Status

Answered

Answered on

4 March 2010

In addition to any permission needed from the landowner, the placement of trestles for oyster cultivation in Tremerlin Cove in the Helford River would need the consent of Natural England, if the trestles were to be situated in that area of the cove notified as a site of special scientific interest. Such consent would be needed under the provisions of Section 28 of the Wildlife and Countryside Act 1981. NE has not granted any such consent in the past 10 years, but has taken action to ensure the removal of trestles (for the cultivation of oysters) which were placed within the SSSI without consent. The Marine and Fisheries Agency (MFA) also exercises controls which may apply to works associated with shellfish cultivation. The MFA's consent is required, pursuant to Section 34 of the Coast Protection Act 1949 (CPA), for the deposit of objects or materials on any part of the seashore within the SAC lying below mean high water springs and the removal of objects or materials on any part of the seashore lying below mean low water springs, if the operation causes or is likely to result in obstruction or danger to navigation. Section 35 of the CPA contains exceptions to these requirements. The MFA has not granted any consent for the placement of trestles at Tremerlin Cove in the past 10 years. It is currently considering an application under the CPA for the placement of sub-tidal cages in a different area of the river. It is for the consenting authority to consider whether an environmental impact assessment (EIA) is required for any development proposal, under domestic legislation implementing the EIA directive, where that legislation is applicable. It is also for the consenting authority to consider whether to undertake any appropriate assessment required under the Conservation (Natural Habitats &c) Regulations 1994 (as amended), which implement the EU Habitats Directive in Great Britain.

Date

4 March 2010

Reference

2342; 717 c383WA

House

House of Lords

Shellfish: Testing

To ask the Secretary of State for the Home Department whether the Government plan to replace arrangements for the safety testing of shellfish with alternatives which do not require testing on animals.

Asked by

Mike Hancock (Liberal Democrat)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

2 February 2010

Reference

505 c201W; 312690

House

House of Commons

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