Shellfish Association of Great Britain

Conference 2011

The Crown Estate Act 1961---/ / ---

It shall be the general duty of the Commissioners, while

maintaining the Crown Estate to

enhance its value and the return obtained from it, but with due regard to the requirements of

good management---/ / ---

Since 1760 all revenue surplus raised by The Crown Estate has been paid to the Treasury for the benefit of the taxpayer

The Marine EstateApprox. 18,000km of coastline (equates to roughly 55%)

Territorial seabed to 12nm

The Energy Act 2004 provides:

Rights to issue leases for renewable energy beyond the territorial limit within Renewable Energy Zones (REZ) out to 200 nm

Rights to lease areas for CCS/gas storage

Excludes hydrocarbons

Historical InvolvementCultivation under Fishery Orders ( enhanced fisheries ):

Previously under the Sea Fisheries (Shellfish) Act 1967 our consent was required for the enactment of both Regulating and Several Orders. Consent never refused

Post Menai and subsequent to the amendments to this Act contained in the Marine Acts north and south of the border, we are now statutory consultees to Fishery Order proposals, new and renewals.

We welcome the change to our status and await the first manifestation of the new regulatory regime

Photo courtesy Denis Egan

Historical InvolvementCultivation utilising deployed equipment ( farms = marine works):

Outside Harbour Authority Areas, seabed leases also a non-statutory consent to develop prior to statutory marine planning legislation.

Consequently consideration and approval of applications developed to include formal public consultation and inclusion of local terrestrial planning authorities. Eg. Interim Scheme in Scotland

With marine planning authorities, less consultation envisaged, with leases awarded subsequent to statutory marine planning consent

© Copyright Anne Burgess and licensed for reuse under this Creative Commons Licence

Present Scope of Shellfish Farming AgreementsMain areas include:

Equipment-based shellfish farm leases in Scotland west coast, western and northern isles

Leases seabed cultivation of re-laid spat chiefly in Northern Ireland loughs.

A variety of leases and licenses for shellfisheries and cultivation in the east and south-east of England

Equipment-based shellfish farm leases in south-west England

Regional Differences Legislation & PlanningEngland & Wales:

Marine & Coastal Access Act 2009 - Marine Management Org. & Welsh Assembly Gov

- Marine Licences

Courtesy Fowey Sea Farms Ltd

Regional Differences Legislation & PlanningScotland:

Town & Country Planning (Scotland) Act - Local Authorities

Marine (Scotland) Act 2010 Marine Licences

Pictures courtesy Shetland Seafood

Regional Differences Legislation & PlanningNorthern Ireland:

NI Marine Bill proposals Department of Environment Marine Licences (?)

Fisheries Act (Northern Ireland) 1966 (as amended) Fish Culture licences

Loughs Agency involved with cross-border management of Foyle & Carlingford

The FuturePlanning for Development

1. Technology and markets can develop relatively rapidly avoid over-prescription and retain scope for opportunity/resource to be explored within planning policy eg. SSMEI Plans

2. Lines on maps / spatial planning - the sea is not the land so leave scope for benign or even positive interaction, whether in terms of business activity, employment or infrastructure (eg fishing , co-location)

3. Address shellfish cultivation industry positives of diversification of coastal economies, strengthened infrastructure, home grown provenance and food security, carbon sequestration, MCZ/MPA compatibility (bio-remediation ?)

4. Regulatory & industry co-operation is vital for profitable and sustainable future development , in order that:

(a) planning can address business as well as activity requirements(b) the wrong questions don t get asked(c) vital pre-application discussion is available

5. EIA

Courtesy Fowey Sea Farms Ltd

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