Fisheries Bill [HL]

Baroness Young of Old Scone Excerpts
Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 9th March 2020

(4 years, 2 months ago)

Lords Chamber
Read Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-IV Fourth marshalled list for Committee - (9 Mar 2020)
Lord Teverson Portrait Lord Teverson
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My Lords, we come now to one of the most important groups of amendments. I was interested in the reply given by the noble Lord, Lord Goldsmith, to the fourth Oral Question earlier, which was about what the Government are doing to make this country an environmental leader. He went through a number of Bills which are going through at the moment, including the Agriculture Bill and the Environment Bill, before mentioning the Fisheries Bill. He is right on the first two. Under the Agriculture Bill, there is ELMS, a very radical policy to ensure that farmers who are paid a subsidy produce public goods. A lot of those are going to be focused on the environment. As the noble Viscount, Lord Ridley, said, as part of the Environment Bill we have net gain and nature recovery networks, both of which I applaud. They will add greatly to the environmental growth of the United Kingdom.

What does the Fisheries Bill do to enhance the UK’s environment? The withdrawal Act gave us control over the EEZ, but all the Fisheries Bill does is change one set of administrators to another, replacing a lot of objectives in the common fisheries policy with similar ones. There is nothing in this Bill that enhances the marine environment. I cannot think of anything in it, as it stands, that does that.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab)
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It is a rare event when I chide the noble Lord on his own Front Bench, but the fisheries management plans, if properly carried out, are quite a major step forward.

Lord Teverson Portrait Lord Teverson
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I think quite the contrary, because they do not co-ordinate with other adjacent EEZs. They account only for fisheries in our EEZs, not the rest of the circulation of those stocks. As they stand, they are substantially inferior—they are unable to carry out their mission. The one area where we can change this is remote electronic monitoring. That is one of the most important challenges. The Government believe in remote electronic monitoring in terms of making the discard ban effective and in terms of much better data, as the noble Lord, Lord Krebs, stresses far better in his amendment than I do in mine. I fully endorse what he is trying to do.

--- Later in debate ---
Lord Krebs Portrait Lord Krebs (CB)
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My Lords, it is a great pleasure to follow the noble Lord, Lord Teverson, who has expressed so eloquently many of the points I want to make. I shall try to avoid repeating them; nevertheless, I want to extend the argument. I agree with the noble Lord that if the Government are to make only one change to the Fisheries Bill, this should be it.

The purpose Amendment 124, in my name and those of my noble friend Lady Worthington and the noble Lord, Lord Randall of Uxbridge, is to ensure that all boats fishing in UK waters are fitted with remote electronic monitoring. My amendment focuses on data collection as opposed to the discard ban, but the two are not incompatible and REM would support both. If we introduce it on a phased basis and with consultation, as the noble Lord, Lord Teverson, suggested, it could be achieved in a way that does not disrupt the industry. It will be accepted internationally as the way to collect accurate data on what is being taken from the sea, to inform the scientific analysis of sustainability.

As the Minister said last Wednesday,

“One of the things that we must all wrestle with is that currently, we do not have adequate scientific information on all stocks and we need a better assessment”.


This will help to achieve that. The Minister also said:

“Where we cannot make such an assessment, we will gather scientific data so that such an assessment is possible”.—[Official Report, 4/3/20; cols. 652-53.]


Well, here is a method of contributing to that. Without direct on-board monitoring of fish catch, there would be a crucial gap in the scientific data on which to assess sustainable harvests. As the noble Lord, Lord Teverson, has already said, while we were in the CFP it was argued that compelling our boats to deploy REM would put them at a disadvantage compared with fishers from other countries. That in itself tells you something about fishers’ behaviour. But now we have taken back control, we can set our own rules to require all boats in UK waters, whether or not they are UK-registered boats, to operate on a level playing field with REM fitted to their boats.

It was also argued that it was unaffordable and not suitable for smaller boats—the under 10-metre fleet. However, a recent report on the San José gillnet fishery in Peru, concluded that

“small-scale fishing vessel remote electronic monitoring offers potential for affordable at sea monitoring costs in coastal fisheries.”

I am told that there are also new technologies—the noble Lord, Lord Teverson, referred to this—such as Shellcatch, which is cheap and easy to use. Is the Minister aware of Shellcatch and similar technologies, the use of which would be a very appropriate step for the Government to take?

The proposed new Clause in Amendment 124 would also require all boats to have GPS, so that their location is known, and it would require the establishment of a framework for monitoring and enforcement to prevent illegal fishing. The accurate collection of data is always important in fisheries management, but even more so as the Government are intent on pursuing the mistaken notion that maximum sustainable yield is the right way to manage sustainable fisheries. At Second Reading, I pointed out the folly of this proposition, but my warning did not seem to elicit a warm response, so I am going to repeat it at greater length now, for the record.

I am delighted that the notion of experts seems to be coming back into fashion, because I will refer to a number of experts in fisheries science. I first quote from two of the leading fisheries scientists of the 20th century. Canada’s P.A. Larkin, one of the leading fisheries scientists of his generation, wrote in his 1977 paper An Epitaph for the Concept of Maximum Sustained Yield:

“In many ways, it is a pity that now, just as the concept of MSY has reached a world-wide distribution and is on the verge of world-wide application, it must be abandoned.”


J.A. Gulland, who wrote the world-standard FAO manual on fisheries science, said:

“It is very doubtful if the attainment of MSY from any one stock of fish should be the objective of management except in exceptional circumstances”.


I also consulted two colleagues who are fisheries experts: Professor Marc Mangel from the University of California, arguably the top fisheries scientist in the United States, and Professor Sir John Beddington, former Government Chief Scientific Adviser and adviser to the UK Government in international fisheries negotiations. Both confirmed that MSY is not a desirable tool for fisheries management. Professor Mangel said:

“MSY as a management tool simply won’t go away, regardless of evidence that ‘managing for MSY’ has not been effective”,


and

“MSY is a very dangerous fishery management target unless one knows lots about the stock, about fishing mortality, and has the ability to really control fishing effort (particularly shut it down if needed). MSY is generally not used as a target in North America.”

Sir John Beddington is even blunter in his assessment that there is complete consensus among fisheries scientists that to set harvest levels at MSY is not appropriate. I apologise for going on at some length about MSY, but also note that I could have gone on a lot longer. Instead, I commend to those who would like to follow up my points a book entitled Quantitative Fisheries Stock Assessment, by Hilborn and Walters.

Sadly, the Government are committed to a misguided fisheries policy. I am not an expert fisheries scientist, but I have looked carefully at the issue and consulted experts, and the consequences of this misguided policy will be felt by UK fishers in the years ahead. I urge the Minister to listen to world fisheries experts and consider whether the Bill needs to be changed accordingly. However, I am not optimistic that the Government are prepared to do that, so, at the very least, they should agree to record properly what is being caught and where, so that when things go wrong—as they certainly will—they can change the policy. This amendment would enable the Government to do just that.

The noble Baroness, Lady McIntosh, asked why the amendment refers to phasing in REM rather than introducing it straight away. I have talked to people involved in this in the Chilean fishery, where REM is required on boats over 15 metres long. I was told—as was the Select Committee chaired by the noble Lord, Lord Teverson—that a culture change has to go with the introduction of REM. Consultation and phasing in would therefore enable the Government to achieve buy-in from the fishing industry, particularly the important, smaller boats under 10 metres long.

That does not undermine the fundamental objective: to gain accurate data to enable us to manage our fisheries, in spite of our aiming for the undesirable target of MSY. We can manage the fisheries with good data, and change the plan when the data demands it.

Viscount Hanworth Portrait Viscount Hanworth (Lab)
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My Lords, I apologise to my noble friend for jumping in here, but I would like to go on for a bit to address exactly what the noble Lord, Lord Krebs, has said. I could not concur more strongly with the aspersion that he made against the mantra of fishing at the level described as the maximum sustainable yield. I reiterate that it is absolutely perilous to do so.

The MSY represents an unstable equilibrium. It is akin to the equilibrium of an egg balanced on one of its ends; it is almost impossible to achieve even for an instant. One small disturbance will topple the egg, which is liable to fall on the table and break itself on a hard surface. In the case of fish stocks, that hard surface is total species extinction.

It is by an unfortunate misuse of terminology that the maximum possible harvest has acquired the misleading description of “maximum sustainable yield”. The words “maximum” and “sustainable” have specious connotations, which are spurious in this case. For a start, as I have emphasised, this level of harvesting is not sustainable. Moreover, if it could be sustained, it would not correspond to an economic optimum. To achieve this level of harvest requires an uneconomic expenditure of effort.

A vision of fish-stock ecologists is that we could harvest an ample supply of fish from an abundant stock with the least expenditure of effort. This would require the fish stocks to have an opportunity to regenerate themselves by the suspension of excessive harvesting. Such circumstances prevailed in the years immediately following the two world wars, during which fishing in European waters had been largely suspended. This did not last for long. Soon, fishing fleets armed with technological innovations were chasing an ever-diminishing supply of fish through marine deserts of the fleets’ own making.

In the face of the depletion of fish stocks, British fishermen have adhered to the myth that they have been robbed of fish by the depredations of foreign fishing fleets. They now urge the Government to give them exclusive access to our supposed national waters and to allow them to substantially increase the size of their harvests. This is a recipe for disaster. I thank my noble friend for allowing me to jump in.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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My Lords, I thank my noble friend and speak to Amendment 112 in the name of the noble Lord, Lord Teverson, to which I put my name—although I may now regret it, since he poked me in the eye. I will also speak to Amendment 124 in the name of the noble Lord, Lord Krebs. I will not repeat the arguments, which both noble Lords made so eloquently and passionately.

What is the Government’s stance on remote electronic monitoring with cameras being brought on to all vessels fishing in UK waters? Noble Lords have heard the reasons: we need to capture data on non-target and protected species and on the bycatch and discards regime, as well as better data on fish stocks to inform scientific assessments; there needs to be effective monitoring and enforcement of fisheries measures and legislative requirements; and it would provide very useful information on vessel location. The current fisheries management system is lacking in effective measures for accurately collecting data on what is caught, and lacks robust monitoring and enforcement mechanisms. That seems really strange in the context of the UK priding itself as a global leader in technological progress.

We can hardly stand as a world leader in the white heat of technology if we cannot see a better way of producing that data, that monitoring and that enforcement without the current stone-age solution of human observers going on to vessels and monitoring only 1% of what vessels catch—and of log books, and of surface and aerial patrols. It is really not a 21st-century solution. What improved system do the Government intend to introduce for all these purposes, which are absolutely vital in the context of our running an effective fisheries management policy, if not remote electronic monitoring with cameras on board all vessels fishing in our waters?