Stage 1 Consultation Paper

Transcription

1 Commerce and Employment States of Guernsey Stage 1 Consultation Paper Inshore Fisheries Management within Guernsey s Territorial Waters (0-3nm Limit) Closing Date 1 st December 2014 Introduction The Sea Fisheries Section is responsible for safeguarding the Bailiwick s marine resources through the development of fisheries management policies and legislation designed to ensure that the exploitation of the marine resource is conducted in a sustainable manner. The Section does this by monitoring and recording fishing activity and enforcing all relevant fisheries conservation legislation within Bailiwick waters (0-12nm) adjacent to Guernsey. The Section regulates fishing by administering and enforcing a restrictive fishing vessel licensing scheme within Bailiwick waters to preserve opportunities for the local fleet and to maintain a sustainable resource. The Section provides the industry and Bailiwick residents with advice and information on all matters relevant to fishing and the wider marine environment. Why are we consulting? As part of its statutory duty the Section constantly reviews the Island s fisheries legislation to ensure that it is adequate and provides for the sustainable management of our waters. This includes a project to review the Sea Fishing Ordinance 1997 and secondary legislation and, where possible, the intention is for this legislation to be unified with similar Ordinances in place in Sark and Alderney. The Sea Fishing Ordinance 1997 is the primary legislation in place which seeks to protect the inshore area from unsustainable fishing. The Ordinance covers various aspects of traditional Guernsey life such as inshore netting and shore gathering, as well as other controls such as minimum landing sizes for certain species of fish and shellfish. In this paper we will be consulting on all aspects of inshore fisheries management, with the suggested proposals intended to invoke discussion amongst islanders as to the most sustainable methods to regulate our inshore fisheries. The Section is very keen to find the right balance between maintaining and protecting the Island s way of life whilst at the same time protecting the marine habitat. This Consultation This Consultation Paper is Stage 1 of a 2 stage process. The responses received will guide the Section in the development of a Stage 2 Consultation Paper (target release early 2015) which will contain more detailed suggestions of the regulations that could be introduced within Bailiwick waters. Following review of the feedback from that 2 nd stage consultation, the Department will consider what amendments to legislation it considers are appropriate. At that time very careful consideration will be given to the cost of new regulatory controls as well as the impact on traditional, recreational, and commercial fishing activity. Any proposals will have to be presented to the States for approval.

2 Contents i. Executive Summary... 4 ii. Bailiwick Waters Chart... 6 iii. What regulatory controls does The Sea Fishing Ordinance 1997 cover?... 7 iv. How to use this document... 7 v. Circulation... 8 vi. Making your Comments... 8 vii. Timescale... 9 Section 1 - Management of Recreational Fishing Overview Pleasure Craft Permits (Recreational Fishing) Recreational Catch Allowances (Bag Limits) Pot Limitation (Recreational Fishing) Prohibiting the Sale of Sea Fish from Shore-Based Recreational Fishing Section 2 - Review of Trawling and Dredging Activities Overview Section 3 - Review of the Restrictions on Inshore Netting Overview Bailiwick Waters Netting/Trotting Restrictions Chart Commercial Inshore Net Licences Recreational Inshore Net Permits Netting Restricted Waters and Closed Areas Gear Marking (Commercial and Recreational Fishing) Sea bird By-catch Mitigation (Commercial and Recreational Fishing) Sea Bird Chart Surveyed Spring/Summer Section 4 Improving Inshore Fisheries Management Improving the Sustainability of the Lobster Fishery (Commercial and Recreational Fishing) Crawfish Netting (Commercial and Recreational Fishing) Protected Species (Commercial and Recreational Fishing) Section 5 - Review of the Ormer Fishery Overview Prohibition on the Commercial Sale of Ormers Review of the Ormer Gathering Season Review of the Ormer Gathering Tides

3 17. Review of the Equipment which can be used to Gather Ormers Increase in the Minimum Landing Size (MLS) for Ormers Maximum Landing Limits (Bag Limits) for the amount of Ormers Gathered Introduction of Closed Areas Beach Closures Section 6 - Review of Shore Gathering Activity Conservation Controls on Inter-tidal Shore Gathered Species Review of Bait Digging (Recreational Fishing) Section 7: Review of Minimum Landing Sizes Overview Section 8 - Review of Statutory Powers Overview Section 9 Responses

4 i. Executive Summary The Sea Fishing Ordinance 1997 has been in force for the last 17 years and is integral to offering protection to both the inshore fishery and the intertidal area of the 0-3nm limit around Guernsey, Herm and Jethou. It does not cover Sark and Alderney waters as these areas are protected by the relevant legislation in place in those Islands respectively. It has become increasingly noticeable that in recent years there has been a significant rise in interest and an increase in the number of activities which take place in and around our shoreline and waters. These activities have had a significant impact on the marine habitat and conflicts have occurred between the activities themselves. What has also been noticeable is the change in attitudes with which activities are deemed socially acceptable by Islanders to be carried out within our inshore waters. Some of the activities which now take place within our waters include; Shore Angling Boat Angling Aquaculture (Oyster and Mussel Farming) Commercial Fishing Coasteering Swimming Shore Gathering (Ormering, Bait Digging) Set Netting / Trot Lining Kayaking Windsurfing Surfing Personal Water Craft (PWC) (Jet ski s) Rib Voyages Abseiling / Rock Climbing Passenger Boat Conservation Tours Kite Surfing Bird and Wildlife Watching and Photography The list above is not exhaustive but gives a good representation of the types of activities that are carried out around our coastline. On occasions these activities conflict with each other and therefore there needs to be careful management and regulation to reduce their overall impact on each other and on the marine environment. In recent months some of these activities have caused detrimental impacts on wildlife (birds, fish) as well as the general amenity of the area. Therefore it is important that the laws intended to protect our marine resources are reviewed to take into consideration the increase in activities and the associated impacts these have on our Island. When introducing any legislative changes the Section is also keen to take into consideration the socio-economic impacts of any new controls implemented. The Section can evidence that the Bailiwick commercial fishing industry is worth 4m to 5m annually in net sales and the recreational fishing sector is worth around 1.5m. Whilst these economic values may be considered small in comparison to other Bailiwick industries they are extremely important and therefore any legislative change needs to consider these economic sectors. However whilst the Section is keen to support all 4

5 sectors of the Island s economy which rely on the sea for income, it is important that any negative environmental impact arising from any marine based business is minimised. It is extremely important to remember that many of the businesses that rely on the marine environment for income would not be economically viable if the environment in which they rely upon is excessively depleted, damaged or destroyed. In recent years, there has been a notable increase in the number of people who go shore gathering for Ormers (and other intertidal species). This activity is a traditional pastime but it is thought that due to the commercial demand on the species gathered there has been a significant increase in the number of people taking part. This has led to an increase in the numbers of Ormers, Razor Clams, Lady Crabs and Cockles being taken. This is not only potentially detrimental to these stocks, but also leads to significant damage within the shoreline area. This paper looks at shore gathering in general and questions whether or not you consider the laws in place should be revised. There has also been an increase in the number of people who deploy fixed gears (nets and trots) around our shores. This activity is sustainable if carried out responsibly however inshore netting has also resulted in incidental by catch of sea birds and depletion of fish populations within the near shore areas. This paper questions whether or not inshore netting should be regulated more stringently to reduce these negative impacts on the marine environment This paper also questions whether or not pleasure anglers should be more tightly controlled and questions whether or not there should be a permit scheme for pleasure craft. This would allow controls to be introduced which would ensure that this sector is managed appropriately. However any such scheme could be seen as too stringent and not needed for our small Island community. Furthermore, it is forecast that the impacts on the marine environment are set to increase with the introduction of commercial activities such as renewable energy and new subsea cables, as well as an increase in the leisure sector with increasing numbers of people having access to boats, kayaks and generally taking advantage of what the marine environment has to offer. The aim of the review of the Sea Fish Ordinance 1997 is to ensure that the following sectors and activities are properly regulated, conflicts that exist are minimised and most importantly we find the right balance with allowing traditional Guernsey activities to take place whilst protecting the marine habitat. The result will hopefully lead to a more sustainable management of our marine resource. The sectors and activities are; 1. Review of the Management of Recreational Fishing 2. Review of Trawling and Dredging Activities 3. Review of the Restrictions on Inshore Netting 4. Review of the Ormer Fishery 5. Review of Shore Gathering Activity 6. Review of Minimum Landing Sizes 7. Review of the Regulatory Powers It is important to note that the ideas and suggestions contained within this Consultation Document have been carefully researched and selected from existing management controls in place around the UK, and as far afield as New Zealand and Australia and are good examples of how other inshore waters are managed. They are not definitive and have been researched in accordance with the suggestions and ideas that have been presented to the Section from many different people and organisations. All suggested ideas are documented to invoke thought and discussion on how the Section could improve and protect our marine resource. 5

6 ii. Bailiwick Waters Chart The Sea Fishing Ordinance 1997 is applicable within the 0-3nm Limit of Guernsey waters as shown by the red line on the Chart. The 0-3nm limit waters around Alderney and Sark are subject to controls implemented by the States of Alderney and the Sark Chief Pleas respectively. 6

7 iii. What regulatory controls does The Sea Fishing Ordinance 1997 cover? The Sea Fishing Ordinance 1997 is in place to control activities including but not limited to; Prohibition on Certain Types of Nets Restrictions on Trawling Prohibited Fishing Areas Restrictions on the use of Trotlines and Set Nets Prohibition on Diving for Crawfish and Ormers Restrictions on Shucking Shellfish Minimum Landing Sizes (MLS) Closed Seasons for Shore Gathering Ormers Protection for Protected Species (Basking Sharks, Porbeagle Shark and Cetaceans) Certain fish not to be landed, sold or retained on board. iv. How to use this document A full copy of the existing legislation can be downloaded and viewed from the States of Guernsey Legal Resources website; [This website is a joint initiative of the Royal Court of Guernsey and the Law Officers of the Crown and reflects their commitment to improving the administration of justice in the Island by providing easy access to some of its most frequently used legal material.] Simply type Sea Fishing Ordinance 1997 into the Search box at the top of the screen, select the first search result and it will download in Portable Document Format (PDF) for you to view. This Discussion Paper is phase one of two consultation documents which will be produced ahead of any legislative change. This Paper reviews the existing controls in place within the Sea Fishing Ordinance 1997 and questions what new controls are needed. The proposals within the paper are suggestions presented to the Section following direct engagement with members of the public, nongovernment organisations, shore anglers and commercial fishermen. The information and responses gathered will be used to collate a second Consultation Document (Phase 2) which will itemise the intended controls and will seek views ahead of any request being submitted to the States of Deliberation for approval. The Section is seeking the opinion of all interested individuals and organisations to assist with reviewing the controls and the impacts of the legislation. This feedback will help to ensure that the fishery management measures around Guernsey s shores are assessed carefully and the views submitted are taken into consideration ahead of consulting on any legislative change. Each question (pp 35-41) is weighted to ask you for your thoughts on each of the suggested ideas. There are pages at the back of the document which you can use for further ideas and suggestions to send to us. It is not expected that everyone who wishes to comment on the Review needs to read the entire document: you do not have to. You may respond to the whole document or directly to specific sections as you wish, but we do want you to respond. The Section will also be arranging open meetings with interested stakeholders. 7

8 v. Circulation The following individuals/ organisations have been made aware of this consultation: The Guernsey Fisherman s Association All Bailiwick Licensed Fishermen All Bailiwick Shore Angling Clubs La Societe Guernesiaise Guernsey Boat Owners Association All Parish Constable Offices The States of Guernsey Environment Department The States of Guernsey Environmental Health Department The States of Guernsey Public Services Department The Sark Chief Pleas Sea Fisheries Committee The States of Alderney General Services Committee Royal Society for the Protection of Birds (Guernsey) Alderney Wildlife Trust (AWT) Island Rib Voyages Guernsey Bumble Bee Boat Cruises Star Light Sea Boat Cruises Recreational Diving Organisations Island of Sark Shipping Outdoor Guernsey States of Jersey Environment Department Sea Fisheries Section Tenant Management Herm Island Tenant Management Island of Jethou Fish Wholesalers Chandlery and Tackle Shops Restaurants & Hotels Guernsey Surf School Printed Copies of the Consulation Paper are available from the Commerce and Employment Department and can be sent on request. vi. Making your Comments Online The easiest way to respond to this Discussion Paper is online via Survey Monkey. We encourage as many people as possible to use this way of responding. To help, the review has been separated into eight chapters covering all aspects of Guernsey s marine resource. Each chapter sets out suggested policies which are numbered so that they can be easily identified. However they are not prioritised, listed in any particular order, or indeed viewed as comprehensive. As such you can suggest additional policies in addition to commenting on the ones presented. Simply go to 8

9 In Writing By Questions at each section : Please use response form at end of document. (pg 35-41) In addition you can submit comments and feedback in writing (pg 42/43); If you wish to make a written representation we would ask you to please consider the following points: State whether you are objecting or supporting any particular policy or any other aspect of the review. Include your suggested changes and, where appropriate, state the relevant section or policy number. Outline why you consider your suggested changes to be necessary. All written submissions can be completed using the blank page on page 42 and sent to the Department s Freepost Address:, Freepost GU245, Guernsey, GY1 5SS You can also submit your comments to us by , by sending your comments to fishing@commerce.gov.gg Further Information For further information please contact the Sea Fisheries Section: Tel: fishing@commerce.gov.gg Facebook: Search Guernsey Sea Fisheries Section For further information on existing legislation and an online copy of this consultation, visit: vii. Timescale Consultation on this document is between 1 st September 2014 and 1 st December Responses received after this date will not be taken into consideration. 9

10 Section 1 - Management of Recreational Fishing Overview There are numerous commercial and recreational fishing activities that use the waters around Guernsey. Although the recreational sector is often perceived as having minimal impact in comparison to the commercial sector, the number of recreational fishers far exceeds the number of commercial fishermen: angling alone is practiced by around 1,500 people, who contribute in the region of 1.1m to the local economy. These contributions support many businesses including fishing tackle retailers and manufacturers, bait suppliers, boat sales and suppliers, charter boats as well as the local tourist industry. In recent years, numbers of recreational fishers have increased. In stark contrast to the highly regulated commercial fishery, there are minimal restrictions specific to recreational fishing. With increasing technical restrictions being imposed on the licensed fleet it may become necessary to consider restricting the amount of gear used and/or the number of fish allowed to be landed from the recreational sector. If this is to happen, it is important to know; How many people go angling and how often Where they fish The extent to which they support the Bailiwick economy How many fish are caught and how many are released alive This applies to all forms of angling from the shore, and on private or charter boats. It is only with such information that balanced decisions can be made which take into account the needs of the people of the Bailiwick and protection of the marine environment. The absence of some of the data such as the quantities of fish retained or released alive by anglers also makes it very difficult to make balanced decisions to help protect the stocks of species which are regularly caught. In comparison, all commercial fishermen irrespective of the size of the vessel are required to complete a log book or electronic log itemising the species and quantities of all fish and shellfish the vessel lands. Other data relating to the amount of fishing effort are recorded and this is used by the Section to monitor and ensure that the catching of fish and shellfish is done so sustainably. Further information relating to landings from all Bailiwick licensed commercial fishing vessels is available from the States of Guernsey website by visiting Additional information relating to research carried out by CEFAS and the Marine Management Organisation (MMO) SEA ANGLING 2012 a Survey of recreational sea angling activity and economic value in England is available from the MMO through the following link: 10

11 1. Pleasure Craft Permits (Recreational Fishing) Any local vessel can currently be used as a base for recreational fishing however, any fish caught from a pleasure vessel (a vessel which is not registered as a British Fishing Vessel) cannot be sold for profit (unless caught from an unpowered vessel). It has been suggested that any vessel wishing to fish for pleasure should be subject to a pleasure craft permit which would be issued from the Section. The permit system means that the Section can keep track on the number of vessels being used for recreational fishing, an important factor in stock management, and control the amount of vulnerable species which may be fished by recreational fishermen. Currently there is no control on what species (other than protected species) can be caught for recreational purposes within Bailiwick waters. The suggestion is that all owners of pleasure craft would be required to apply for and be granted a permit issued by the Sea Fisheries Section which may contain restrictions on the species, number and size of what fish can be landed as well as the locations where pleasure angling is permitted. Permit holders may also be subject to declaring what species, weight and quantities of fish is being caught. It is highly likely that to recover the costs of the administration of introducing this permit scheme, a licence charge would be introduced. The proposed control would be implemented within the 0-3nm limit of Guernsey waters but could be extended beyond into the 3-12nm limit subject to further consultation and approval. Please respond to Qu1 Good examples of recreational permit schemes are available from the North Eastern Inshore Fisheries and Conservation Authority and the Western Australian Government: Fishing/Pages/Recreational-Fishing-Licences.aspx 11

12 2. Recreational Catch Allowances (Bag Limits) People who fish recreationally are not currently subject to limits on the number of fish that they are allowed to catch. Catch allowances are an effective way of sharing the resource and they contribute to the sustainable management of fish stocks. It is has been repeatedly suggested that the Section consider the introduction of a catch allowance for certain species which would restrict the numbers of species which can be caught per person per day. This would only be for species with a high commercial value, subject to commercial conservation controls and subject to review. The Section has researched other jurisdictions who have implemented similar controls and to offer an idea it could be introduced that recreational fishermen would be permitted (per person) to land four Sea Bass, two Turbot, two Brill and three Lobsters per day (24 hour period). Please respond to Qu2 Good examples of recreational permits (licences) and catch allowances (Bag limits) are available through visiting following links where they are implemented in New South Wales and Western Australia: Fishing/Recreational-Fishing-Rules/Pages/Bag-And-Size-Limits- Explained.aspx 12

13 3. Pot Limitation (Recreational Fishing) There is currently no limit on the number of crab pots which can be used by recreational fishermen within Bailiwick waters. However, recreational fishermen along the adjacent French coast and the UK are subject to recreational controls on the amount of crab pots which can be used. Following the precedent set by IFCA (Inshore Fisheries and Conservation Authorities) byelaws, it has been suggested the Section consider a similar control limiting recreational fishermen to five pots per person. The introduction of a recreational pot limit would ensure that any catches of shellfish are of an appropriate amount for personal consumption only. Other examples require people wishing to fish using crab pots to be given a unique identification tag for each pot by the fisheries authority. These tags would allow the Section to track the number of recreational pots in use at any given time and to quickly identify any unpermitted pots. It is highly likely that to recover the costs of the administration of introducing this control that a charge would be introduced. Please respond to Qu3 Good examples of pot limitation schemes are available through the following links where they are implemented by the States of Jersey and the North Eastern Inshore Fisheries and Conservation Authority: %2F _SeaFisheries(MiscProvisions)Regs1998_RevisedEdition_1January201 0.htm 13

14 4. Prohibiting the Sale of Sea Fish from Shore-Based Recreational Fishing Whereas the sale of fish caught by a recreational fisherman on an unlicensed (pleasure) boat is prohibited, it is currently permitted to sell any fish caught from the shore (both from angling and nets worked from the shore). The Section have had repeated requests to offer better protection to the commercial fishing industry and therefore this proposal would prohibit the sale of fish caught from the shore. This practice would be prohibited so as to bring the shore fishing regulations in line with those applicable to recreational boat fishing. Prohibition of the sale of fish would also have the effect of restricting the fishermen to landing only the number of fish appropriate for family consumption and hence reduce the amount of fish taken by the recreational sector. A ban on commercial sale of recreationally shore caught fish would also encourage the practice of catch and release angling, an important factor for better stock management and sustainable fishing effort. Please respond to Qu 4 Good examples of legislation restricting the sale of fish caught from unlicensed and unregulated fishing activity are available through registered buyers and sellers (RBS) whereby the Seller and the Buyer have to register with the fisheries administration to be able to sell and buy sea fish so that all fish caught can be traced back to a commercial operator: Fisheries/Regulation/fish-register 14

15 Section 2 - Review of Trawling and Dredging Activities Overview The Sea Fishing Ordinance 1997 has an Order (The Restricted Fishing Areas Order, 1997) which contains the regulations regarding fishing by Beam Trawl, Demersal Trawl and Scallop Dredge within the 0-3nm inshore area. Further information on The Restricted Fishing Areas Order, 1997 can be found on the following link: Fishing-Areas-Order-1997 Pair-trawling It is not permitted to use a Pair-Trawl within the 3nm Limit of Bailiwick waters. This has been introduced as a licence condition for all commercial fishermen. Beam Trawling It is not permitted to use a Beam Trawl with a beam greater than 6.5Metres within the 3-6nm limit of Bailiwick waters. This has been introduced as a licence condition for all Guernsey licensed fishing vessels. No vessel may fish using a trawl between 1 st April and the 30 th September in any year within the restricted waters shown on the Bailiwick Waters Netting/Trawling Restrictions Chart No registered fishing vessel (commercial) may tow more than four scallop dredges within the 0-3nm limit of Bailiwick waters. Please respond to Qu 5 A good example of other Trawling Controls can be found in Alderney, whereby no vessel with an engine power greater than 150 horsepower (hp) can fish within the 0-1nm limit and no vessel with an engine power greater than 300hp can fish within the 1-3nm limit: Regulation-of-Trawling-Alderney-Ordinance

16 Section 3 - Review of the Restrictions on Inshore Netting Overview Setting Monofilament Nets to catch fish from a boat and from the shore is a popular fishing method that has been used for many decades. However in recent winters there has been growing public discontentment with the amount of monofilament net being laid around the Island s shores. Netting is practiced by both commercial and recreational fishermen however if used inappropriately nets can take high numbers of non-target species and undersized fish and are therefore seen by some as unsustainable. There is also the highly controversial issue of birds being caught in nets as by-catch. Conflicts over fishing grounds exist between the commercial and recreational fishing sectors and other users of the marine environment, particularly anglers. There has been a marked increase in the intensity and range of activities being practiced in our coastal waters in recent years, notably the rise of kayaking and coasteering. For all of these activities to co-exist in the coastal zone it is clear that a careful management policy is required and compromise needs to be expected and accepted by all stakeholder groups. The Bailiwick Waters Netting/Trotting Restrictions Chart 1997 shows the areas around the Islands coastline that are restricted by the Sea Fishing Ordinance This ordinance also refers to the shucking of any molluscan shellfish. It is currently also forbidden to fish using trotlines* or set nets within certain areas and bays around Guernsey and Herm between the 1st May and the 30th September. These areas are designated as Restricted Waters and are shown on the chart on the following page. It is also prohibited to trawl within restricted waters between 1st April and the 30th September. *A trotline is a heavy fishing line with baited hooks attached at intervals by means of branch lines called snoods. A snood is a short length of line which is attached to the main line using a clip or swivel, with the hook at the other end. Image 1. A typical trotline 16

17 Bailiwick Waters Netting/Trotting Restrictions Chart

18 6. Commercial Inshore Net Licences Commercial netting is controlled and regulated by the Bailiwick Fishing Vessel Licensing Scheme. Effort (length of nets set) and catch information is monitored by the Section and this statistical information is made available within the public domain. Licences restrict the number of vessels entering this fishery and licensed fishermen are bound by the associated conditions attached to their licences. However under this licensing scheme, numbers of commercial nets in use at any time is an unknown entity. Licensing any form of netting (be it recreational or commercial) within the 3nm zone may be the way forward, as a means to implement controls on the level of netting effort overall. Effort capping (restricting the number of licences available) could also be seen as a positive way forward. Please respond to Qu 6 Good examples of tighter inshore netting controls which are in place in New Zealand and Australia and information relating to their use is available from the links below: Fishing/Pages/Recreational-Fishing-Licences.aspx 7. Recreational Inshore Net Permits With many Guernsey beaches being accessible by slipway, many boats are towed to the beach and nets are set close inshore by small 10ft 15ft vessels. Alternatively people take advantage of vehicle access to the beach to set nets from the shore. As well as the issue of wildlife and sea bird bycatch already highlighted in the Summary, there have also been instances whereby nets have been left on the beach and not worked the following tides as they should be and this has led to complaints. Whilst the Sea Fishing Ordinance 1997 does regulate the times and areas a net can be laid, there is no control on who can lay the net or the type, size and length of net that can be set. It has been requested on numerous occasions that the Section review the controls relating to netting being laid around the Bailiwick. Implementation of a licensing scheme for all recreational fishermen (Boat and Shore) to have an Inshore Net Permit controlling how and Image 2. Monofilament Netting at Cobo Bay Guernsey. 18

19 where netting may be practiced and the type and length of monofilament nets which can be set within the inshore area may be the way forward. Recreational fishermen could be restricted to working 60 metres of net per day. Imposing a limit of 60 metres would ensure that catches are of a magnitude suitable for personal consumption and not sufficiently excessive to facilitate/ encourage the commercial sale of fish. Recreational net fishermen should apply to the Section, whereupon they will be given an identification tag for their net. Each tag would contain a unique identification number and the owner s details, so that they can be easily contacted in the event of the net being damaged, washed ashore or found to be non-compliant with regulations. The tags would be valid for 12 months from the date of issue. It is thought that by implementing a control on the amount of net (60 Metres) per day will help ensure catches by recreational fishermen are for personal gain and not over-exhaustive. It is highly likely that to recover the costs of the administration of introducing this control that a charge for recreational net fishermen may need to be introduced. Please respond to Qu 7 Image 3. Diagram of typical Gill Netting Good examples of inshore netting controls are available through the following links where they are implemented in Jersey and Australia: spx Fishing/Pages/Recreational-Fishing-Licences.aspx 19

20 8. Netting Restricted Waters and Closed Areas Restricting areas where both commercial and recreational nets can be set will reduce the fishing effort and allow conflict with other users of the marine environment to be alleviated in these areas. The current Trot Line and Set Net order (No. 29 Fishing (Restrictions on the Use of Trot Line and Set Net) Order, 1997) (See Bailiwick Waters Netting/Trawling Restrictions Chart -1997) will be reviewed to allow for drift netting to be accounted for as well as set netting, and also a review of the restricted waters. To offer some comparison The States of Jersey restricts the use of commercial set nets by stating they may only be used in rocks no more than 120 metres apart below the half tide mark with a minimum mesh size of 90mm. Further controls are in place to help reduce conflict with other fishermen and users of the marine environment, for example no portion of any net shall be at a less distance than 100m from any portion of any other net. Commercial fishermen would be limited to a maximum net length of 200m in any restricted waters. These restrictions would apply to the commercial sector between 1st May and 30th September whereas the 60metre limit for recreational fishermen would remain in place year-round and apply to all areas within the 0-3nm limit. This control matches similar controls in the UK namely; the North West Inshore Fisheries and Conservation Authority (NWIFCA) and, further afield, the Australian Fisheries Authorities restrict the use of any net within 60metres of another net. Implementation of licensing could offer overall control over inshore netting and conditions could be applied regarding where nets can and cannot be laid out, review of the seasons, lengths on net and restrictions on multiple nets being laid in close proximity along the foreshore. Please respond to Qu 8 Good examples of tighter netting restrictions are available in Australia and Jersey: Fishing/Pages/Recreational-Fishing-Licences.aspx 20

21 9. Gear Marking (Commercial and Recreational Fishing) Image 4 Badly Marked Static Gear Most nets are currently marked with Buffs/Bobbers which can be confused with mooring buoys and other set static gear (e.g. pots). To differentiate between set fishing gears and to ensure other marine users e.g. divers, are aware of nets for safety reasons, Dan Buoys or another type of flag marker should be used in place of regular Buffs/Bobbers. To ensure the traceability of a net the gear ends should be marked with a unique registration number and the net itself also tagged with the owner s ID. This would put the responsibility on the owner should a net come adrift and end up on the shoreline. Any gear set incorrectly would then be removed by the Section s Sea Fisheries Officers. Please respond to Qu 9 Good examples of regulations enforced in New Zealand for fishermen to mark their static gear correctly are available below; 253/latest/DLM78006.html 1/latest/whole.html#DLM

22 10. Sea bird By-catch Mitigation (Commercial and Recreational Fishing) Modern monofilament netting and some long-lining effort has been known to conflict with other wildlife such as sea birds. It is well known that Bailiwick fishermen try, where possible, to avoid capturing any sea birds by ensuring that nets are properly deployed, not left unattended and hauled on a regular basis. However it is known that sea birds are captured inadvertently in modern fishing gear. From January 2014 until March 2014 the Bailiwick suffered from severe and prolonged winter storms which were known to have caused the worst mortality of sea birds ever recorded in the region with some 50,000 birds (half of them Puffins) being killed in the area from NW France to SW England (including the Channel Islands). It has been suggested that to assist with the recovery of bird life adjacent to the inshore colonies that consideration be given to introducing a precautionary measure restricting the use of set nets within 200m of the Islands of Herm and Jethou and the associated islets and outlying reefs such as the Humps, at least for a period of two years. The species that breed on the Humps, Jethou and around Herm include; European Shags, Great Comorants, Common Tern, Common Guillemot, Razorbill, Puffin and several gull species. Please see Sea Bird Chart 2014 on the following page for sea bird population data and proposed exclusion areas. Several of these species are in serious decline in the Bailiwick. For example numbers of European Shags in some colonies appear down 80% on the populations just years ago. This mirrors similar declines found across Britain, where the population of this sea bird has fallen 47% in the past 30 years. The Section supports the monitoring of the sea bird populations by assisting bird handling teams to reach the outlying reefs and islets where they record and ring species such as European Shags, Puffin, Razorbill and Guillemots. Data from this monitoring are extremely important to the Bailiwick to ensure that baseline data on sea bird activity are correctly monitored and recorded. The Section acknowledges that, in addition to fishing activities, an increasing number of leisure and commercial pursuits take place in and around the Bailiwick s sea bird colonies. While some of these activities can be beneficial to the birds if operated correctly (e.g. wildlife tourism), the Section asks whether or not further controls restricting potentially damaging activities and disturbance should be implemented to offer better protection for the Bailiwick sea bird colonies. Please respond to Qu 10 For further information regarding Seabird Monitoring within the Bailiwick please visit the following links: Guernsey Sea Bird Monitoring

23 Sea Bird Chart Surveyed Spring/Summer

24 Section 4 Improving Inshore Fisheries Management 11. Improving the Sustainability of the Lobster Fishery (Commercial and Recreational Fishing) (a) Berried Lobsters Further controls regarding the capture and landing of berried lobsters (pregnant female lobsters) has been requested by consumers who have seen lobsters with eggs on the underside of the body for sale in local fishmongers. A prohibition on the retention and landing of berried female lobsters could be introduced to protect egg bearing females. (b) V- Notching Image 5. Berried Lobster. The purpose of this control is to protect female lobsters which have been marked with a V notch cut into the tail fan. V notched lobsters must be returned to the sea and cannot be landed or offered for sale. This ensures that female lobsters of breeding age are given protection while in berry and for the duration that the V notch is visible. If implemented a V notching programme would need to be adhered to by both commercial and recreational fishermen. (c) Minimum Landing Size (MLS) The minimum landing size of lobsters is currently 87mm carapace length. This could be increased to 90 mm to optimise the yield (weight) of the lobster prior to landing and also ensure more female Lobsters can spawn successfully prior to capture. Image 6. V Notch being applied to the tail. Image 7. Lobster being measured Please respond to Qu 11a, 11b, 11c Good examples of Lobster conservation and V-notching are available from Cornwall Inshore Fisheries and Conservation Authority and also the National Lobster Hatchery below; [Page 9]. 24

25 12. Crawfish Netting (Commercial and Recreational Fishing) Crawfish caught within Bailiwick waters are already subject to tight restrictions due to over exploitation in the nineteen sixties and seventies. There is currently a MLS of 23cm as well as controls on diving and netting for this species. To further ensure that crawfish are not subject to over exploitation by netting and diving, the Section could strengthen the existing regulations. It is suggested that if any vessel is fishing within Bailiwick waters using nets or being used as a base for scuba diving, no crawfish may be retained on board the vessel. If met with approval this control could be extended to the 3-12nm limit and cover all Bailiwick waters. Image 8. Crawfish or Crayfish (Palinurus elephas) Image 9. Crawfish (or Crayfish) in netting Please respond to Qu12 For further information on Guernsey regulations relating to netting and diving for Crawfish please refer to the Sea Fishing Ordinance 1997: Areas-Order Protected Species (Commercial and Recreational Fishing) Consideration needs to be given to offer better protection for those species which are protected such as Basking Shark and Porbeagle shark so that Guernsey s regulations are brought in line to comply with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Image 10. Basking Shark Image 11. Common Dolphin Please respond to Qu13 This proposed control will comply with the CITES Protected Species List. 25

26 Section 5 - Review of the Ormer Fishery Overview Ormer (Haliotis tuberculata) gathering (Ormering) is a Bailiwick tradition and a popular activity amongst the Guernsey community, but in recent seasons there has been a significant increase in the number of people shore gathering. It is thought that this is in part being driven by a commercial incentive with Ormers being sold locally for around 3.00 each. In addition, gathering practices have strayed from those associated with the traditional pastime. There has also been a significant rise in the number of people heading on to the shore during the prescribed season to collect Ormers for personal consumption. Concerns have been raised regarding the impacts of this activity on the sustainability of the Ormer stock and the wider intertidal marine environment. Image 12. Sea Fisheries Officer measuring Ormers The existing laws governing shore gathering for Ormers are centered on the existing seasonal measures with a minimum landing size of 80mm as well as the prescribed tides during the winter months. In recent years due to the increasing number of people shore gathering for Ormers there were calls from both Non-Government Organisations (NGO s) and members of the public to act to help protect both the Ormer stock and the marine environment. In conjunction with the States of Guernsey Environment Department the Section developed a code of practice (COP) which is published within the annual Tide Times publication, available through the following link: However, whilst the COP does help with advising members of the public of their obligation to protect the marine environment, not all take notice. It is clear that there is a fine balance required to maintain Islanders way of life but also protect the marine environment and the Section has presented several suggested control measures to invoke discussion on the matter ahead of consulting on any proposed specific regulatory controls. 26

27 14. Prohibition on the Commercial Sale of Ormers Currently Ormers can be sold during the permitted winter tides from January through to April. It is known that a substantial quantity of Ormers are gathered and sold legitimately each season and recently catches have been sold through wholesalers, personal sales and internet auctions and can attract high prices. This may encourage gatherers to collect high numbers of Ormers for financial gain, a practice which is not seen to be sustainable in the long-term. It is thought that removing the financial incentive from Ormer gathering and prohibiting the commercial sale may limit some of the current fishing effort and encourage people to take only a suitable quantity for personal consumption. These restrictions will not stop the traditional activity of gathering Ormers for personal consumption or those people who give Ormers to others without financial gain. Please respond to Qu 14 Other examples of controls relating to shore gathering for Ormers (Abalone, Paua) can be found in Australia, New Zealand and Jersey using the following links: lt.htm ILDLIFE/FISHSHELLFISH/Pages/Ormers.aspx 15. Review of the Ormer Gathering Season The Ormer gathering season falls on specific tides within the months of January to April and there is typically a peak in the number of people gathering Ormers on the first tides in the New Year. As the ground (inter-tidal beach area) is worked and re-worked and Ormers above the minimum landing size (MLS) of 80mm are taken, the number of shore gatherers diminishes steadily through the season. Shore gathering tides in April normally offer poorer tide heights and few remaining untouched areas of the coastline where Ormers are gathered. This slow decline in the later part of the Ormering season has been observed by the Section s Sea Fisheries Officers. In addition to the negligible shore gathering activity throughout the later part of the shore gathering season, typically there is also a slow warming of the sea water temperature in April, which is a key indicator in the onset of reproductive conditioning within the Ormer stock. Please refer to the Guernsey Meteorological Office for Sea Temperature data: 27

28 One suggestion which could be seen as a sensible approach would be to remove April from the shore gathering season to reduce the pressure on the Ormer stock and the foreshore. This idea could also act to reduce the potential for illegal diving for Ormers for an additional month. Please respond to Qu Review of the Ormer Gathering Tides There are typically two sets of Ormering tides in each month during the shore gathering season on which it is permitted to gather Ormers. Predicted tidal heights are usually much better over one set of tides and many gatherers often choose to focus their efforts during these tides, due to more unfished beach area being available to them. Image 13. Traditional Shore gathering for Ormers To help protect the Ormer stock and the foreshore further it may be appropriate to restrict the activity of Ormer gathering to the most favourable set of spring tides within the permitted month. However, restricting the season further may result in more intensive activity occurring over a shorter period of time and impacts to the marine environment may actually increase. Please respond to Qu Review of the Equipment which can be used to Gather Ormers Within the Sea Fishing Ordinance 1997 is a control restricting the use of wetsuits and diving apparatus to prevent diving for Ormers. With the increased activity, the general public have questioned whether or not wetsuits or drysuits are acceptable clothing to gather Ormers. The Sea Fishing Ordinance 1997 states that if the wetsuit is combined with other diving apparatus then it would constitute diving for Ormers. It could be easily assumed by a Sea Fisheries Officer that a member of the public on the foreshore in possession of Ormers, wearing a wetsuit, snorkel, mask and flippers could have been diving for Ormers. The review is intended to preserve the traditional shore gathering activity but to ensure that the law protects the stock from over exploitation from diving. Please respond to Qu17 Infringement of The Sea Fishing Ordinance

29 18. Increase in the Minimum Landing Size (MLS) for Ormers The minimum landing size (MLS) for Ormers is 80mm. This is lower than other jurisdiction such as the Island of Jersey and the adjacent French Coast where the MLS is 90mm. Image 14. Ormer MLS Image 15. Ormer At the existing 80mm the yield (potential return) per Ormer is below an ideal level and therefore it could be argued that the MLS should be increased to 90mm to fall in line with other jurisdictions and help protect the Ormer stock. It takes approximately four years for an Ormer to reach 80mm, after which the growth rate slows. The additional 10mm growth between 80mm and 90mm takes a further two years and increasing the MLS will allow two years additional spawning together with an associated increase in meat yield per ormer. Increasing the MLS would not inhibit the traditional activity of gathering Ormers. However, new gauges would have to be produced and shore gatherers would have to purchase commercially available gauges. Please respond to Qu 18 To view the States of Jersey and French (Normandy) regulations regarding shore gathering for Ormers, including the MLS, please visit the links below: mers.aspx Maximum Landing Limits (Bag Limits) for the amount of Ormers Gathered Another possibility available to help protect the Ormer stock could be to introduce a limit on the number of Ormers that can be gathered by individuals on each Ormering tide. The Section does not have any evidence to suggest the actual number per person, but should there be support for this measure then it could be investigated further. The overall intention of a bag limit is to reduce the number of Ormers taken. 29

30 Both Australia and New Zealand recreational shore gathering regulations stipulate a bag limit for gathering their native Ormer species: New Zealand = 10 x Paua (Ormer) Per day (24 hour Period) Australia = = 5 x Abalone (Ormer) Per day (24 Hour Period) Implementing a bag limit control would not inhibit the traditional activity of gathering Ormers but would restrict the numbers of Ormers that could be gathered by individuals within a 24 hour period. Please respond to Qu19 Good examples of controls relating to shore gathering for Ormers in Australia and New Zealand (Abalone and Paua respectively) can be found using the following links: /abalone-fishery Introduction of Closed Areas Beach Closures It has been requested by many shore gatherers to introduce a programme of beach closures to help protect the Ormer. The Section has no evidence to support which beaches yield more Ormers than others and therefore it would be difficult to support this type of rotational programme. Furthermore, the Section does not have the evidence to conclude this type of programme would be effective and offer the best protection overall for the Ormer stock. However, this idea should not be discounted and the Section is keen to hear views on whether this method of restriction would be favourable. Please respond to Qu 20 30

31 Section 6 - Review of Shore Gathering Activity 21. Conservation Controls on Inter-tidal Shore Gathered Species. Several species of intertidal animals are harvested from the foreshore for bait, personal consumption and a small amount for commercial sale. These species include Ormers, Cockles, Razor Clams, Lady Crabs, Prawns/Shrimps and Rag Worm. Currently there are regulations in place to manage Ormer gathering (Section 4 Overview of the Ormer Fishery) and a published minimum landing size (MLS) for Lady Crabs. No other restrictions directly relating to shore gathering currently exist, including the commercial sale of these species. However, if commercial exploitation continues then it is possible that irrevocable damage may occur to both the stock levels of these species and the marine environment. Therefore it would not be unreasonable to suggest that to conserve the stocks of intertidal species and to ensure that shore gathering remains a sustainable form of fishing, whilst maintaining the integrity of the foreshore, further management be considered. One suggestion is that a minimum landing size (MLS) would be applied to additional shore-gathered species, notably razor clams and cockles. An introduction of a bag limit is another suggestion to try and alleviate some of the pressures put on the populations of these species (i.e. cockles and razor clams). Please respond to Qu Review of Bait Digging (Recreational Fishing) There are several locations around Guernsey that are popular for bait digging, most notably Belle Greve Bay and Grand Havre. Bait digging has the potential to cause a wide range of environmental damage, from disruption of bird nesting sites to re-suspension of pollution. However studies reviewing the impacts of bait collection are usually only commissioned in locations where a problem has itself been identified, leading to naturally biased studies. Image 16. Bait Digging within the foreshore A preliminary suggestion which has been proposed is to restrict the digging of bait (both commercial and recreational) between 1st April and 30th June on the area of coast north of the Fort Grey causeway to the headland at the north of the L Eree shingle bank. This is in order to minimise disturbance to the birds in the designated Ramsar site and around the shingle bank during their nesting season. A Code of Practice (COP) for Bait Diggers would also be produced to encourage responsible bait digging practices. 31

32 Local baits such as King Rag Worm, Rag Worm, Harbour Ragworm and Verm are very popular with local anglers. All are available around Guernsey and Herm shores and are only available by digging. The only controls in place to restrict bait digging is by local ordinance which prevents digging for bait in St Peter Port Harbour as this can only be done with permission from the Harbour Master. Image 17. Bait digging restrictions in Jersey Harbour Please respond to Qu 22 For information on the Guernsey Lihou Island Ramsar site please visit the JNCC link below. For further information relating to Bait digging regulations please visit the Guernsey Harbours link: Harbours-Prohibition-of-Bait-Digging-Guernsey-Regulations-1994 Image 18. Map of the Lihou Ramsar Site 32

33 Section 7: Review of Minimum Landing Sizes Overview Minimum Landing Sizes (MLS) are currently set by the EU and are applied to prescribed species within the Bailiwick. The species that are covered by MLS controls are those most vulnerable to commercial exploitation and which could be harvested before they reach reproductive maturity. A good example of how Guernsey s MLS are different is for Plaice. Within the Guernsey waters the legislation stipulates that the species must be 25cm however in the UK (South Coast) the MLS is 27cm. Image 19. Plaice being measured The MLS for Lobster within Bailiwick waters is 87mm, however in Cornwall the MLS is 90mm. It is important to note that the MLS for species around the UK differ depending on the coastal region however the MLS applied in Guernsey is generally lower than those commonly applicable within the UK. Image 20. Lobster carapace being measured Not all species of fish and shellfish are protected by a minimum landing size but those sizes that are stipulated in the Sea Fishing Ordinance 1997 apply to both commercial and recreational fishermen. All MLS between the Bailiwick Islands are also different and need unification. The proposal is that the Section can set further sizes and extend the list of species with a prescribed MLS within domestic legislation to cover additional species within Bailiwick territorial limits to improve management of local stocks. Additional sizes or increases in current limits ideally should be applied to those species that are locally exploited on a regular basis (I.E. Bass, Lobster, and Edible Crab / Chancre). However an evaluation of the social and economic impacts brought about by any increase in MLS would be undertaken as part of the phase 2 consultation prior to any specific minimum landing sizes being suggested. Please respond to Qu 23 33

34 Section 8 - Review of Statutory Powers Overview The Statutory powers within the legislation enable the laws in place to be correctly enforced however, if new controls are imposed then the statutory powers also need to be reviewed to reflect new controls imposed in the law. The Sea Fishing Ordinance 1997 gives Sea Fisheries Officers the following statutory powers; Powers of Sea, Seizure, etc. This enables Sea Fisheries Officers [Section 27] (a) to stop, board, enter and search any boat, vehicle used or suspected of being used in the taking or conveying of fish, (b) enter, and search any premises used or suspected of being used by way of trade for the carrying on of a business in connection with the treatment, storage or sale of fish. (c) search and examine (i) any net, explosive, equipment or other apparatus whatsoever used or suspected of being used in the taking or conveying of fish, (ii) any animal, plant or other thing in relation to which any act is prohibited or regulated by any provision of the Ordinance or of any order or licence made or granted under the Ordinance, In any place, boat or vehicle and whether in a receptacle or not, (d) seize any animal, plant, net, explosive equipment or other apparatus whatsoever in relation to which he/she reasonably suspects an offence under the Ordinance to have been committed. Powers of Arrest on suspicion of an offence under the Ordinance [Section 28] Please respond to Qu 24 34

35 Section 9 Responses The following ten sides (5 sheets) are designed to be separated from the rest of the consultation and sent in to the Guernsey Sea Fisheries Section. The questions relate directly to the numbered sections in the above document. Q1. Please indicate below the statement which most closely reflects your opinion on the introduction of pleasure craft permits? Q2. Please indicate below the statement which most closely reflects your opinion on the introduction of catch allowances? Q3. Please indicate below the statement which most closely reflects your opinion on the introduction of a pot limitation control? 35

36 Q4. Please indicate below the statement which most closely reflects your opinion on the introduction of a prohibition on the sale of any fish caught from the shore? Q5. Please indicate below the statement which most closely reflects your opinion on the further regulation of trawling and dredging within the Guernsey three mile limit? Q6. Please indicate below the statement which most closely reflects your opinion on the introduction of netting licensing for commercial fishermen? Q7. Please indicate below the statement which most closely reflects your opinion on the introduction of controls on the amount of nets that can be used by recreational fishermen? 36

37 Q8. Please indicate below the statement which most closely reflects your opinion on the introduction of tighter netting restrictions? Q9. Please indicate below the statement which most closely reflects your opinion on the introduction of tighter restrictions on the marking of static fishing gear? Q10. Please indicate below the statement which most closely reflects your opinion on the introduction of controls to help protect sea bird populations around the islands of Herm and Jethou and associated outlying reefs? 37

38 Q11 (a) Please indicate below the statement which most closely reflects your opinion on the introduction of controls on the landing of berried lobsters? Q11 (b) Please indicate below the statement which most closely reflects your opinion on the introduction of V-notching controls of lobsters? Q11 (c) Please indicate below the statement which most closely reflects your opinion on increasing the minimum landing size for lobsters? Q12. Please indicate below the statement which most closely reflects your opinion on the introduction of further controls on using nets to fish for crawfish? 38

39 Q13. Please indicate below the statement which most closely reflects your opinion on the introduction of further controls to protect endangered species? Q14. Please indicate below the statement which most closely reflects your opinion on the prohibition of the commercial sale of ormers? Q15. Please indicate below the statement which most closely reflects your opinion on the removal of April from the ormering season? Q16. Please indicate below the statement which most closely reflects your opinion on limiting Ormer gathering to one set of spring tides per month? 39

40 Q17. Please indicate below the statement which most closely reflects your opinion on reviewing the use of wet and dry suits when ormer gathering? Q18. Please indicate below the statement which most closely reflects your opinion on increasing the minimum landing size (MLS) of ormers from 80mm to 90mm? Q19. Please indicate below the statement which most closely reflects your opinion on introducing a bag limit control on the number of ormers that can be gathered per person within a 24 hour period? Q20. Please indicate below the statement which most closely reflects your opinion on the introduction of closed areas during the ormer gathering season? 40

41 Q21. Please indicate below the statement which most closely reflects your opinion on the implementation of conservation controls for additional shore gathered species? Q22. Please indicate below the statement which most closely reflects your opinion on the introduction of controls on bait digging activities? Q23. Please indicate below the statement which most closely reflects your opinion on the review of existing MLS and the introduction of an MLS to species which are considered vulnerable? Q24. Please indicate below the statement which most closely reflects your opinion on the review of statutory powers? 41