This section was worth 40% of the exam

A statutory nuisance is when a business or private individual emit noise ,odours or dust from a premises - however noise from airports are exempt.

It is important to note that the problem must be continuous to be considered a statutory nuisance hence a problem that is continuing.

Statutory nuisance means that there is a definition of nuisance in governmennt made law - envirnmental protection act 1990 part 3

Means of controling a statutory nuisance - 1ST contact your environmental health officer. The envronmental health officer is legally obliged to investigate and review thr case. If not they are breaking the law.

As an individual you can also go to the magistrates court and undertake a private prosecution. However cost will be involved.

If complaint is made to local authority and they have concluded that nuisance exsists they will issue a formal notice and then give them 21 days to respond.

If the nuisance continues after 21 days that loc. auth will issue an abatement notice.

It is not a criminal offence to play music loud it is an offence to not follow abatement notice order.

Formal notice individual has 21 days to respond
Abatement notice gives 21 days therefore 42 days before fine is issued.

Business can be fined up to £20,000 and private individual upto £5,000.

In certain circumstances the magistrates court can offer compensation to the person who has been wronged.
Magistrates court are guided by -
Nature and location
Time and duration
utility of activity.

You can also go directly to the high court in london and try and get an injunction notice if noise continues if still ignored then this is considered contempt of court which could lead to a prison sentence.

"This House believes that conservation of the natural environment has greater importance than economic growth".

My Contribution to the Debate

The purpose of the debate was to put forward the key points arising around the Conservation of the natural environment having a greater importance than economic growth.

My role was to argue the devastating effects fishing and aquaculture is having on our Marine environment. Taras Grescoe says in his book ‘Bottom feeder’ ‘‘the oceans really are changing and they’re changing a lot because of the removal of the big predatory fish’’ (Grescoe08 p43) as a result of removing species high in the food change, has a directed impact on species, Which are lower in the food chain in particular Amphipods and Caprellids which are relatively useless to humans as they are not edible and when their numbers are too abundant can have devastating effects on the marine environment.

In addition to this, Due to the rise in such species as Caprellids and Amphipods areas of the ocean will become dead zones which are in hospitable to other marine life. Furthermore, Jelly fish consume vast amounts of plankton which are vital for other marine species to exist.

The growing population which is currently around 6,706,992,932 and estimated to grow a further 2 billion in 2050, undoubtedly shows that there is a large mass of people to feed a 5th of the population is dependant on the ocean for its protein and 70% of the 3rd world mainly pacific islands such as the Solomon’s and Fiji fundamentally rely on the ocean for survive. (www.wikipideia.com)
As live stock such as cows and sheep are low in abundances on such islands the question must be raised where will these people acquire their protein if fish stocks become commercially unsustainable or even worse extinct.

I expressed the importance of conservation when taking into consideration the biomass of certain species.(It is thought that large predatory fish biomass has decreased by 95% of their original biomass in the last 50 years) (www.ecofriendlyforum.com )

Once again Grescoe tells us that in New Zealand fishermen initially opposed the imposition of marine protected areas, but recently they are in support of these areas to be in forced, because they serve as nursery areas for fish to grow and in turn be to fished at a suitable size of maturity (Grescoe08 p224).

Furthermore, it is apparent that conservation is effective resulting in dramatic increase in species in the protected areas. For example the creation and designation of the Fal Helford area, as a special area of conservation (SAC) and the resulting creation and controlling i.e. minimum take size of a sea bass. Nursery areas have meant that their population have risen.

The initial intentions of aquaculture are good and indeed practical. The necessity for fish farming to cater our increasing population and in theory takes pressure off of wild fish stocks. Currently 40% of the sea food we eat is through aquaculture methods. (www.ciwf.org.uk)

However, when fish farming is put into practice it is easy to see the detrimental effects on the ocean environment and integrity of wild fish stock. In addition to this it is said that farmed fish is an alternative to eating wild fish, consumers are under the illusion that they are making a moral choice when eating farmed fish, however industrial aquaculture units consume 17 percent of wild caught fish (www.vegansociety) so therefore, contributing to the decline in wild fish.

Overcrowding in fish farming in my opinion is atrocious and anyone with a set of moral principles I assume would think the same. for instance in a aquaculture unit in south west of Scotland .up to 50,000 salmon are crowed into one cage, salmon are reared at stocking density equivalent to each three quarter metric long (2.5ft).Which result in disease, increases in parasites and devastating mortally rates 10-30 percent of farmed fish are thought to die each year (www.vegansociety)

Due to antibiotics and steroids used along with extreme overcrowding apart from the sever levels of cruelty, omega 3 and quality of fish meat is terrible. Some doctors recommend that you should not even eat farmed fish due to farmed salmon containing levels of 13 fat-soluble persistent organic pollutants (POPs) that are on average ten times higher than those found in wild salmon. (www.chm.pops.int.com)

Aquaculture can also be detrimental to the ocean environment. Large numbers of fish crowded into a small area can led to pollution. Fish waste and excess feed along with industrial chemicals all contribute. Waste settles and form sediment beneath the cages and in surrounding areas, Killing off underlying marine life. Deoxygenating can occur when sediment starts to decay. Deadly algae blooms can form which turn surrounding areas into dead zones. (www.Wikipidea.com)

Understanding the importance of conservation will be essential if we want to continue economic growth from the benefits of the ocean. If we continue to act as we are the ocean will be left a sea of ruins and generations to come will be robbed of the beauty and benefits we are currently exploiting. ‘’we do not inherit the earth from or ancestors, we borrow it from our children’’ (Native American Proverb)

Key debating points

The Dredging of Falmouth harbour. Good decision or bad?

Should Donald Trump build his golf course and hotel in a SAC area in Aberdeen?

Should the marina between queens wharf and Duchy Warf be built so more boats can be moored up?

The fact that if we continue to over fish and abuse our seas to feed economic growth fish stocks may collapse.

True effects of aquaculture on the marine environment

Is it necessary for the new runway to be built at Heathrow?

Deforestation - to make way for cattle and the growing demand for timber are contributing to higher levels of co2. Discuss.

Evaluation of Debate

Carrying out this debate again, more preparation time should be allocated. The group only meet on two occasions which resulted in the group as a whole being a little under prepared. Furthermore, a little more direction should have been given to us by our lecturer Rory Mac Phee as we were only briefed a day before the actual debate. Both groups where confusion especially in connection with counter arguments for each teams key issues.

The delivery of both groups argument was fantastic, every individual turned up punctual, courageous and ready to take on each of the key issues. Our group was very coherent and when the debate begun our initial nervousness disappeared. The debate was very fluent, however on a few occasion it was looking as if the debate was going to dry up. However, our lecture would help by suggesting new areas of debate and decision.

Whilst conducting this debate I gained vital knowledge of some of the key issues effecting the marine environment, furthermore, from the perspective of my rival understanding, why it may be necessary for some project such as dredging Falmouth harbour and building a new marina to contribute to economic growth in some areas. Working together listening to the experts and studying incidents in the past will be vital to guarantee steady economic growth as well as protecting and preserving the marine environment.

References

Grescose.T .2008. Bottom feeder –How the fish on our plates are killing our planet .first edition MacMillan Publishing .

http://en.wikipedia.org/wiki/World_population accessed -24/11/08

http://oceanacidification.wordpress.com/2008/08/26/corrosive-oceans-carbon-emissions-threaten-ecosystem/ accessed -24/11/08

http://www.vegansociety.com/animals/exploitation/fish.php accessed -24/11/08

http://www.organicconsumers.org/articles/article_13294.cfm accessed -24/11/08

http://en.wikipedia.org/wiki/Aquaculture accessed -24/11/08

http://www.checnet.org/HealtheHouse/education/articles-detail.asp?Main_ID=831 accessed -24/11/08

http://www.ecofriendlyforum.com/shark-numbers-decrease-at-alarming-rate.html February 18th, 2008

http://www.ciwf.org.uk/farm_animals/fish/default.aspx accessed -24/11/08

http://www.situations.org.uk/_uploaded_pdfs/WHATYOUCANDO_000.pdf accessed -24/11/08