Permit for TT firework display in Douglas Bay Marine Nature Reserve

Summary

The requester asked for permits regarding fireworks in the Douglas Bay Marine Nature Reserve for 2019, 2022, and 2023, along with confirmation on cleanup efforts and plastic-free policies. The authority responded by providing a new permit for June 2024 which mandates the use of biodegradable materials and requires the site to be returned to its pre-activity state, though it did not explicitly provide the historical permits for the requested years.

Key Facts

• Douglas Bay was designated as a Marine Nature Reserve on 1st September 2018.
• Byelaw 5 prohibits depositing substances in the reserve without a permit issued under Byelaw 14.
• The provided permit (WLA/MNRP 04/24) requires fireworks to be composed of biodegradable materials with no plastic components.
• Permit holders must return the Douglas Bay MNR to its pre-activity state following the display.
• Fireworks discharge is restricted to offshore locations from a floating platform.

Data Disclosed

• 1st September 2018
• 2019
• 2022
• 2023
• 7th May 2024
• 9th May 2024
• 7th June 2024
• 9th June 2024
• £10,000
• Permit No. WLA/MNRP 04/24
• Byelaw 5
• Byelaw 14

Original Request

Douglas Bay was designated as a Marine Nature Reserve (MNR) on 1st September 2018. Byelaw 5 of the Manx Marine Nature Reserve Byelaws 2018 states: 'No person may deposit or permit the deposit of any substance or article in any part of the Reserves except under a permit issued by the Department under byelaw 14.' Noting that the gunpowder housing for modern fireworks almost exclusively is made from single-use plastic, please could you kindly; 1. Provide a copy of your DEFA Byelaw 14 permits to deposit fireworks into the marine environment of the Douglas Bay MNR for the displays held in 2019, 2022 and 2023. If these are not held, please could you state why. 2. Confirm if any effort is made to remove spent fireworks from the MNR. 3. Confirm if you have adopted, or have considered, a policy of only using plastic-free fireworks. Thank you.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

DEFA, Thie Slieau Whallian, Foxdale Road, St. Johns, Isle of Man, IM4 3AS. Tel no. (01624) 685884 Email: fisheries@gov.im

Wildlife Act 1990 Marine Nature Reserves Permit: Permit No. WLA/MNRP 04/24

In exercise of the powers conferred on the Department of Environment, Food and Agriculture by Byelaw 14 of the Manx Marine Nature Reserves Byelaws 2018, the person(s) detailed below are hereby permitted to carry out the activities listed below which would otherwise be prohibited by the Byelaws and/or the Act. Use of this permit is subject to the recommendations specified below.

Permitted persons  (Department for Enterprise (DfE)).  Delegated persons under their supervision or contract.

Permitted activities For recreational/entertainment purposes: i) To: conduct a public fireworks display within the following Marine Nature Reserves (MNRs) and subject to the recommendations listed on this permit. ii) Permitted MNRs: Douglas Bay Marine Nature Reserve.

Permit Recommendations: 1. Compliance with the Marine Nature Reserves Byelaws 20181 must be observed, except as otherwise permitted. 2. During permitted activities the permit holder(s) must exercise the utmost care to avoid undue disturbance to the habitats and species within the specified MNRs2
3. Following permitted activities the permit holder(s)(delegated persons) must return Douglas Bay MNR to its pre-activity state, with respect to any actions conducted as part of this consent, unless not practical or safe to do so. 4. The discharge of fireworks should only be undertaken offshore, and from a floating platform as indicated in the application documents (described in Rec. 5) below). 5. The composition, use and disposal of materials for the activity (fireworks) should be as outlined in the application form, supporting information and specification documents received by DEFA on the 7th May, 2024 (i.e. composed of biodegradable materials, no plastic components, use of stated disposal routes etc.).
6. Any changes to the above details should be notified to DEFA as soon as possible. 7. Recording and reporting requirements for this permit are outlined in Appendix A (overleaf). 8. This permit is valid from 7th June, 2024 until 9th June, 2024 (inclusive) and may be modified or revoked at any time by the Department of Environment, Food and Agriculture.

1 https://www.gov.im/media/1362727/manx-marine-nature-reserves-byelaws-2018-sd-2018-0186-300920.pdf 2 Details of the Marine Nature Reserves and their designation features can be found here; https://gov.im/MNR

DEFA, Thie Slieau Whallian, Foxdale Road, St. Johns, Isle of Man, IM4 3AS. Tel no. (01624) 685884 Email: fisheries@gov.im

Signed:

Prepared by:

Date 9th May, 2024

IMPORTANT This permit authorises activities that would otherwise be offences under the Wildlife Act 1990.
Failure to comply with its terms and conditions:  May be an offence against the Wildlife Act 1990 with penalties of up to £10,000.
 May result in your permission to use this permit being withdrawn. DEFA will inform the permit holder if this permit is withdrawn in writing. This sanction may be applied to other similar permits. If the activity that you wish to undertake is not covered by this permit, or if you are unable to comply with any of the terms and conditions which apply to the use of this permit, then you must inform DEFA at the earliest opportunity and may need to apply for an additional permit.

Relevant legislation  Manx Marine Nature Reserves (Designation) Order 2018  Manx Marine Nature Reserves Byelaws 2018

The limits of Permits  Permits allow action only for the purposes specified on that permit.  Permits do not allow actions prohibited under any other legislation, nor do they confer any right of entry upon land.

Activity on Protected Sites This permit is not permission from DEFA for an activity that could otherwise damage a Marine Nature Reserve (MNR). The MNR Byelaws and Guidance Notes3 provide details of restrictions within MNRs and their primary designation features.

As indicated in the recommendations; byelaws must be complied with (unless otherwise permitted), and during permitted activities the permit holder(s)/delegated persons must exercise the utmost care to avoid undue disturbance to the habitats and species within the specified MNRs, and restore the area, as much as possible, to pre-sampling condition; e.g. fill in holes, ensure no overturned rocks etc.

Privacy Notice DEFA’s Privacy Notice https://www.gov.im/about-the-government/departments/environment-food-and- agriculture/privacy-notice/

3 https://www.gov.im/media/1371896/guidance-notes-for-marine-nature-reserve-designations-160221.pdf DEFA, Thie Slieau Whallian, Foxdale Road, St. Johns, Isle of Man, IM4 3AS. Tel no. (01624) 685884 Email: fisheries@gov.im

Appendix A – Recording and reporting requirements

Recording The permit holder must maintain a record of the activities, which shall be kept for at least 12 months beyond the expiry date of this permit, and include the following information for each activity undertaken using this permit:

 Date the activity was undertaken;  Location (site name/description);  Coordinates or grid reference of activity site;  Methods used (a standard methodology can be referred to);  Details of any accidental damage caused in the MNR, whilst using this permit.

Reporting 1. A brief report, detailing the information stipulated above, including a ‘nil’ activity, must be sent by the permit holder to DEFA (contact details below) for the permitted activity by 31st July 2024.
2. No subsequent permit(s) will be issued until a report has been received for this permit.

Firework composition – TT Displays

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 3800569 14 May 2024

Dear ###,

We write further to your request, received 16 April 2024, which states:

"Douglas Bay was designated as a Marine Nature Reserve (MNR) on 1st September 2018.

Byelaw 5 of the Manx Marine Nature Reserve Byelaws 2018 states:

'No person may deposit or permit the deposit of any substance or article in any part of the Reserves except under a permit
issued by the Department under byelaw 14.'

Noting that the gunpowder housing for modern fireworks almost exclusively is made from single-use plastic, please could you kindly;

1. Provide a copy of your DEFA Byelaw 14 permits to deposit fireworks into the marine environment of the Douglas Bay MNR for the displays held in 2019, 2022 and 2023. If these are not held, please could you state why.

2. Confirm if any effort is made to remove spent fireworks from the MNR.

3. Confirm if you have adopted, or have considered, a policy of only using plastic-free fireworks.

Thank you."

Our response to your request is as follows:

1. Provide a copy of your DEFA Byelaw 14 permits to deposit fireworks into the marine environment of the Douglas Bay MNR for the displays held in 2019, 2022 and 2023. If these are not held, please could you state why.

The Department does not hold the requested information, the Department for Enterprise did not apply for, and does not hold a permit under bylaw 14 for the 2019, 2022 and 2023 firework displays. The Department did not apply for permits in these years due to an administrative error, however, the Department can confirm that in these years it did comply with the recommendations contained in the 2024 permit, in those years.

A copy of the 2024 permit has been included for information.

1. Confirm if any effort is made to remove spent fireworks from the MNR.

The Department can confirm that it makes no effort to remove spent firework residue from the MNR as none of the fireworks contain plastic parts and any residue that has not combusted in the air will fall into the sea and will biodegrade naturally.

1. Confirm if you have adopted, or have considered, a policy of only using plastic-free fireworks.

The Department is committed to only using plastic free fireworks in our firework displays. Our procurement process included this requirement when assessing and selecting an appropriate supplier.

The attached chart shows the composition of the fireworks used in the TT displays, you will see that they are made up of materials consisting of paper, cardboard, cotton and clay.

Please quote the reference number 3800569 in any future communications.

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I will now close your request as of this date.