Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what representations he has received on Inshore Fisheries Conservation Authorities being unable to introduce emergency byelaws because of uncertainty on the test in s157(2) (6) Marine and Coastal Access Act 2009 which is resulting in juvenile bass being caught in nets with undersize mesh; and if he will take steps to work with Fish Legal to provide urgent clarificatory guidance for Inshore Fisheries Conservation Authorities on that matter.

Inshore Fisheries Conservation Authorities (IFCAs) are independent statutory authorities and have direct responsibility to manage sea fisheries resources sustainably in their districts. Therefore, it is for each IFCA to decide whether a situation warrants an emergency byelaw and if this meets the qualifying criteria as laid down in section 157 of the Marine and Coastal Access Act 2009. Defra has provided best practice guidance on IFCA byelaw-making, including emergency byelaws made under section 157, and the department has not been approached by any IFCA to provide further statutory guidance on this statutory provision.