North Eastern Inshore Fisheries and Conservation Authority 2016 BYELAWS BOOKLET

Transcription

1 North Eastern Inshore Fisheries and Conservation Authority 2016 BYELAWS BOOKLET

2 Any reference to North Eastern Sea Fisheries Committee (the predecessor authority) shall be taken to be a reference to the North Eastern Inshore Fisheries and Conservation Authority. The information within this booklet is correct as at 25 January 2016 and is intended for guidance purposes only. It is not a comprehensive statement of law, which is subject to change. Full information and advice can be obtained from North Eastern Inshore Fisheries and Conservation Authority. NEIFCA Town Hall Quay Road Bridlington East Riding of Yorkshire YO16 4LP Telephone Fax Website ne-ifca@eastriding.gov.uk

3 NORTH EASTERN INSHORE FISHERIES AND CONSERVATION AUTHOIRTY CONTENTS Byelaw Page I REPEAL OF EXISTING BYELAWS 1 II APPLICATION AND SAVING FOR SCIENTIFIC PURPOSES 1 III TRAWLING: PROHIBITION: EXCEPTIONS 1 IV SEINE NET, DRAW NET OR SNURREVAAD : PROHIBITION OF 2 V PUSH NET 2 VIII MUSSELS: MINIMUM SIZE 2 X SHELLFISH: RE-DEPOSIT OF 3 XI SHELLFISH BEDS: REGULATIONS OF 3 XII SHRIMP AND PRAWN FISHING 3 XV APPLICATION OF BYELAWS 3 XVIII FIXED ENGINE BYELAW 3 XXI PROTECTION OF V NOTCHED LOBSTERS 12 XXII PERMIT TO FISH FOR LOBSTER, CRAB, VELVET CRAB AND WHELK 13 XXIII METHOD AND AREA OF FISHING (SCALLOP DREDGES) BYELAW XXIV COCKLE MANAGEMENT BYELAW 21 XXV PROHIBITION ON REMOVAL OF TOPE OR PARTS THEREOF 25 XXVI FLAMBOROUGH HEAD FISHING BYELAW 25 XXVII FLAMBOROUGH HEAD NO TAKE ZONE 29 XXVIII CRUSTACEA CONSERVATION BYELAW 31 XXIX HUMBER ESTUARY FISHING BYELAW 36 LIMITS OF DISTRICT 38 PENALTIES 38 CONTACT DETAILS 39

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5 NORTH EASTERN INSHORE FISHERIES AND CONSERVATION AUTHOIRTY DISTRICT MARINE AND COASTAL ACCESS ACT 2009 BYELAWS NOTICE IS HEREBY GIVEN That the following Byelaws for the North Eastern Inshore Fisheries and Conservation Authority District are in force: I. REPEAL OF EXISTING BYELAWS All byelaws heretofore in force in the North Eastern Sea Fisheries District, are hereby repealed, and the following byelaws are substituted therefor; provided that nothing in such repeal shall affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any byelaws so repealed. II. APPLICATION AND SAVING FOR SCIENTIFIC PURPOSES The following byelaws shall apply to the whole area of the North Eastern Sea Fisheries District unless otherwise specified and except in the cases to which the provisions of the 13th Section of the Sea Fisheries Regulation Act, 1888, apply; Provided that nothing in these byelaws shall apply to any person bona fide fishing for sea fish for scientific purposes, or for stocking or breeding purposes, under the written authority in that behalf of the Local Fisheries Committee, signed by their Clerk, or of the Minister of Agriculture, Fisheries and Food, and in accordance with the conditions contained in that authority. III. TRAWLING: PROHIBITION: EXCEPTIONS This Byelaw applies to that part of the District within a line drawn on the seaward side of the baselines 6 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured. For the purpose of this paragraph the baselines mean the baselines as they existed at 25th January, 1983 in accordance with the Territorial Waters Order in Council 1964 ( p.6452A) as amended by the Territorial Waters (Amendment) Order in Council 1979 ( p.2866). 1. Subject to the provisions of this Byelaw trawling is prohibited within the Area of the North Eastern Sea Fisheries District. 2. Provided that a Permit issued by the Committee and signed by the Clerk, has first been obtained, the foregoing paragraph shall not apply in relation to the specified area if: 2.1 The overall length of the vessel from which trawling is carried out does not exceed 18.3 metres 2.2 The engine power of the vessel does not exceed 400 KW (536 HP) 2.3 The trawl net is raised and cleared at least once in every three hours during which trawling is carried out. For the purposes of this Byelaw the overall length of a vessel and the engine power shall be those as recorded on the vessels Certificate of Registry as issued by the Registrar of Shipping and Seamen. 3. In that part of the District between 3 and 6 nautical miles from the baselines vessels exceeding 18.3 metres and 400 KW may be used providing such vessels are on a sunset list maintained by the 1

6 Committee. Vessels on the sunset list shall not exceed 28 metres (overall length) and shall possess a track record of fishing within the said District for a minimum of 30 days in any three month period in the period of two years prior to the date of making the Byelaw. Vessels may apply to be placed on the sunset list up to six months from the date of the Byelaw coming into force. Such vessels will remain in the sunset list for so long as there is no change of ownership affecting the major shareholding in the vessel concerned. In this context major shareholding means the largest allocation of shares in the vessel. 4. In this Byelaw the specified area means the area comprised within the following imaginary lines, that is to say: 4.1 Between a line drawn true East from the lighthouse at the seaward extremity of the South pier at the Southern side of the entrance to the River Tyne and a line drawn true East from the control tower at RAF Air Gunnery and Bombing range at Donna Nook, BUT NOT INCLUDING THE FOLLOWING AREAS: 4.2 Any part of the Tees Estuary which lies above a line drawn from the seaward extremity of North Gare Breakwater to the seaward extremity of South Gare Breakwater. 4.3 Between a line drawn true North from the seaward extremity of the Western Breakwater at Staithes (Lat. 54 o N. Long 000 o W) out to the three mile limit and a line drawn true North East from Sandsend Ness (Lat 54 o N. Long 000 o W) out to the three mile limit. 4.4 Between a line drawn true North East from the end of Filey Brigg (Lat 54 o N. Long 000 o W) out to the three mile limit and a line drawn true East by South-half-South from the extreme South end of Filey sea wall (Lat. 54 o N. Long 000 o W) intersected by a line drawn True North East from the coastguard station at Speeton (Lat. 54 o N. Long 000 o W), out to the three mile limit. 4.5 Between a line drawn true East from Witter Hole (Lat. 53 o N. Long 000 o W) out to the three mile limit and a line drawn true East from Spurn Head Lighthouse (Lat. 53 o N. Long 000 o E) out to the three mile limit. For the purposes of this Byelaw the three mile limit is defined as a line drawn on the seaward side of the baselines 3 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured. For the purpose of this paragraph the baselines mean the baselines as they existed at 25th January, 1983 in accordance with the Territorial Waters Order in Council 1964 ( p.6452A) as amended by the Territorial Waters (Amendment) Order in Council 1979 ( p.2866). ALL POSITIONS RELEVANT TO THIS BYELAW ARE SATELLITE DERIVED FROM WGS84 DATUM. IV. SEINE NET, DRAW NET OR SNURREVAAD : PROHIBITION OF No person shall use in fishing for sea fish any seine net or any draw net of the kind known as the Danish seine or snurrevaad. V. PUSH NET All persons using push nets for fishing for sea fish shall raise and clear them at least once in every half hour. VIII. MUSSELS: MINIMUM SIZE No person shall remove from a fishery any mussel of less than 51mm in length. 2

7 X. SHELLFISH: RE-DEPOSIT OF This byelaw applies to that part of the District within a line drawn on the seaward side of the baselines 6 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured. For the purpose of this paragraph the baselines means the baselines as they existed at 25th January, 1983 in accordance with the Territorial Waters Order in Council 1964 (1965 III p.6452a) as amended by the Territorial Waters (Amendment) Order in Council 1979 (1979 II p.2866). Any person who takes any shellfish, the removal of which from a fishery is prohibited by any byelaw in force in the District or the possession or sale of which is prohibited by or under any Act of Parliament, shall forthwith re-deposit the same without injury as nearly as possible in the place from which it was taken, or under the written authority of the Clerk on other suitable ground, and in re-depositing cockles in accordance with this Byelaw, shall spread them thinly and evenly over the beds. XI. SHELLFISH BEDS: REGULATIONS OF Where, in the opinion of the Committee, in any fishery any bed or part of a bed of shellfish is so severely depleted as to require temporary closure in order to ensure recovery, or any bed or part of a bed contains mainly immature or undersized shellfish which in the interests of the protection and development of the fishery ought not to be disturbed for the time being, or any bed of transplanted shellfish ought not to be fished until it has become established, and where the bed or part thereof has been clearly defined in notices displayed in the vicinity prohibiting the removal or disturbance of the shellfish, or where the display of notices is not possible written notice has been given by one of the Committee s Officers, no person shall, while the bed or part thereof is so defined, take away or otherwise disturb any shellfish without the consent of the Committee. XII. SHRIMP AND PRAWN FISHING Every person using any net in fishing for shrimps or prawns shall raise and clear such net not less than once in every hour. XV. APPLICATION OF BYELAWS All byelaws under Section 5 of the Sea Fisheries Regulation Act, 1966 (as read with Section 37 of the Salmon Act, 1986) which are in force in the North Eastern Sea Fisheries District on 22nd December 1992 shall not apply to any part of the sea beyond three nautical miles from the 1983 baselines. For the purposes of the byelaw, the 1983 baselines means the baselines as they existed at 25th January, 1983 in accordance with the Territorial Waters Order in Council 1964 (1965 III p. 6452A, amended by 1979 III p. 2866). XVIII. FIXED ENGINE BYELAW (1) The placing and use of fixed engines for taking sea fish within the District is prohibited except in those Areas and in the periods and using the instruments and according with the conditions set out in Schedules I and II below, Areas A to D in those schedules being defined in Schedule III. (2) Interpretation Fixed Engine includes a stake net, bag net, putt or putcher. Any fixed implement or engine for taking or facilitating the taking of sea fish. Any net secured by anchors and any net or other implement for taking sea fish fixed to the shore or made stationary in any other way. Any net placed or suspended in any tidal waters unattended by the owner or a person duly authorised by the owner to use it for taking sea fish. Any engine device, machine or contrivance, whether floating or otherwise for placing or suspending such a net or maintaining it in working order to make it stationary. Salmon means fish of the species (Salmo salar) and migratory trout means fish of the species (Salmo trutta) which migrate to and from the sea. Sea fish means fish of any description found in the sea including shellfish but does not include salmon, eels, smelt, lamprey or freshwater fish. 3

8 The District means the North Eastern Sea Fisheries District as defined in the North Eastern Sea Fisheries District Order 1986 (as amended). Acoustic deterrent device means a small purpose made device, which emits a frequency of sound and is designed to prevent the accidental by-catch of cetaceans in nets. The device must conform to specifications laid down in Council Regulation 2004/812/EC. Registered fishing vessel Fishing vessel registered in accordance with the Merchant Shipping Act 1995 and the regulations made thereunder (or any statutory modification or re-enactment thereof), or in the Channel Islands or the Isle of Man, and who holds a current fishing licence issued by the appropriate UK fisheries department. Temporary Closure shall mean a total prohibition on the use of gillnets, used under a permit issued in accordance with Schedule II for fishing in the area defined in Area C. Predetermined Level shall mean a sum agreed annually between the Committee and the Environment Agency. Intertidal Means landward of the Mean Low Water Spring (MLWS) mark as specified on a Admiralty Chart published by the UK Hydrographic Office. Sub-tidal Means seaward of the Mean Low Water Spring (MLWS) mark as specified on an Admiralty Chart published by the UK Hydrographic Office. 4

9 Schedule I. A) AREA B) PERIOD C) FIXED ENGINE D) CONDITIONS The District 1 st January to 31 st December Inclusive Crab, Lobster and Whelk Used only for taking crab, lobsters, whelks and other shellfish species Pots The District 1 st January to 31 st December Inclusive A longline Used only for taking sea fish. The District (excluding Area A) 1 st January to 31 st December Inclusive A Fyke Net 1) Must be licensed by the Environment Agency 2) Used only for the purpose of taking eels. The District (excluding Areas A & B) 1 st April to 31 st August Inclusive A net for taking Sole (Solea solea) being a net constructed of a single sheet of un-armoured netting not more than 500 metres in length and not more than 1 metre in height with a minimum mesh size of 100mm (measured in accordance with the rules laid down in the relevant EC legislation from time to time). 1) The net shall be placed seaward of the 5m depth contour line. 2) The net must only be placed or used by a registered fishing vessel 3) Used only between 0800 hours Monday and 2000 hours on Friday following and: 4) Anchored to the sea bed and set in such a way that the lead line of the net is in permanent contact with the sea bed along the whole of its length; 5) Not placed within 50 metres of any other net or trap: 6) The position of all fleets of nets must be clearly marked at each end by a surface marker. That marker must show the vessels port letters and numbers. 7) Unless otherwise authorised in writing by the Environment Agency the fixed engine is placed parallel to the shore. 5

10 A) AREA B) PERIOD C) FIXED ENGINE D) CONDITIONS The District (excluding Areas A, B, C) 1 st November to 25 th March Inclusive Any net for taking sea fish 1) The net shall be placed seaward of the 5m depth contour line. 2) The Headrope shall not be nearer to the water surface than 4 metres at any state of the tide The District (excluding Areas A,B & D) 1 st November to 25 th March inclusive A net for taking cod (Gadus morhua) being a net with a minimum mesh size equal to or more than 140 mm (measured in accordance with the rules laid down in the relevant EC legislation from time to time). 1) The net must only be placed or used by a registered fishing vessel 2) The position of all fleets of nets must be clearly marked at each end by a surface marker. That marker must show the vessels port letters and numbers. The District (excluding Areas A, B,C) 26 th March to 31 st October Inclusive Any net for taking sea fish 1) The net shall be placed seaward of the 10m depth contour line. 2) The Headrope shall not be nearer to the water surface than 4 metres at any state of the tide. 6

11 A) AREA B) PERIOD C) FIXED ENGINE D) CONDITIONS Area C 15 th October to 30 th April Inclusive A net for taking intertidal sea bass (Dicentrarchus labrax) being a net constructed of a single sheet of un-armoured netting with a mesh size equal to or greater than the current requirement for bass net size in EC and national legislation (measured in accordance with the rules laid down in the relevant EC legislation from time to time). The total headline length of net permitted under each permit will not exceed 250 metres. 1) The net must only be placed or used under a permit issued by the Committee and in accordance with the technical provisions detailed below and the administrative provisions set out in Schedule II: 2) The net must be clearly marked with an identification label issued by the Committee. 3) Each net must have an acoustic deterrent device attached 4) Any net used is inspected and cleared at least once in any 24 hour period. 15 th October to 30 th April Inclusive A net for taking subtidal sea bass (Dicentrarchus labrax) being a net constructed of a single sheet of unarmoured netting with a mesh size equal to or greater than the current requirement for bass net size in EC and national legislation (measured in accordance with the rules laid down in the relevant EC legislation from time to time). The total headline 1) The net must only be placed or used by a registered fishing vessel, not exceeding 10m overall length, under a permit issued by the Committee and in accordance with the technical provisions detailed below and the administrative provisions set out in Schedule II: 2) The net must be clearly marked with surface markers detailing the permit number issued to the respective vessel. 3) Each net must have an acoustic deterrent device attached 4) Any net used is inspected and cleared at least once in any 24 hour period. 7

12 1 st May to 30 th June Inclusive length of net permitted under each permit will not exceed 400m. A net for taking sole (Solea solea) being a net constructed of a single sheet of un-armoured netting not more than 100 metres in length and not more than 1 metre in height with a minimum mesh size of 100mm (measured in accordance with the rules laid down in the relevant EC legislation from time to time). 1) The net must only be placed or used by a sea bass permit holder possessing a valid permit, issued by the Committee, in accordance with provisions detailed in Schedule II between 0800 hours Monday and 2000 hours on Friday following and: 2) Anchored to the sea bed and set in such a way that the lead line of the net is in permanent contact with the sea bed along the whole of its length; 3) Not placed within 50 metres of any other net or trap: 4) The position of all fleets of nets must be clearly marked at each end by a surface marker. That marker must show the permit number of the operator. 5) Unless otherwise authorised in writing by the Environment Agency the fixed engine is placed parallel to the shore. 8

13 1. Intertidal fixed netting Schedule II 1.1 In Area C it is prohibited to place or use a net for taking intertidal sea fish unless a permit has first been obtained from the Committee and signed by the clerk. A maximum of 5 Permits will be issued in any one calendar year. Permits will be allocated in accordance with Committee guidelines. 1.2 Such permits are not transferable and can only be relied upon by the person named in the permit and whose photograph is attached to the permit. 1.3 The Committee retains the right to refuse to issue a permit until such time as any applicant makes available any outstanding accurate information required for the issue of that permit. 1.4 The permit holder shall send to the Committee, on a pre-printed form supplied by the Committee, a monthly return showing accurate information regarding the number, weight (in kilograms) and type of species caught during the preceding month and any other information, which the Committee regards as necessary. The Committee retains the right to withdraw a permit should any outstanding information required in paragraph 4 not be supplied. 1.5 It shall be the responsibility of the holder of the permit to ensure that such accurate statistical returns, as required by the Committee, are received by the Committee no later than the last day of the month following the period for which the returns are due. 1.6 A maximum of three labels will be issued to each permit holder. Labels are not transferable and must be used by the named permit holder. 2. Closure of Fishery (1 st 30 th April) 2.1 During the period 1 st 30 th April in any permit year, the fishery can be subject to temporary closure. 2.2 All permit holders are required to report to the Committee within 24 hours of capture, all salmon or migratory trout taken at anytime within the period 1 st to 30 th April. 2.3 A temporary closure will be implemented by the Clerk of the Committee when the catch rate of salmon and migratory trout as reported by the permit holders or witnessed by fishery officers exceeds a predetermined level over any 3 day consecutive period. 2.4 Once the closure is invoked the fishery will remain closed until the 15 th October in the same calendar year. 3 Sub-tidal fixed netting 3.1 In Area C it is prohibited to place or use a net for taking subtidal seafish unless a permit has first been obtained from the Committee and signed by the Clerk. A maximum of 5 permits will be issued in any one calendar year. Permits will be allocated in accordance with Committee guidelines. 3.2 Such permits are not transferable and can only be relied upon by the person named in the permit and whose photograph is attached to the permit. 3.3 The Committee retains the right to refuse to issue a permit until such time as any applicant makes available any outstanding accurate information required for the issue of that permit. 3.4 The permit holder shall send to the Committee, on a pre-printed form supplied by the Committee, a monthly return showing accurate information regarding the number, 9

14 weight (in kilograms) and type of species caught during the preceding month and any other information, which the Committee regards as necessary. The Committee retains the right to withdraw a permit should any outstanding information required in paragraph 4 not be supplied. 3.5 It shall be the responsibility of the holder of the permit to ensure that such accurate statistical returns, as required by the Committee, are received by the Committee no later than the last day of the month following the period for which the returns are due. 4.0 Closure of Fishery (1 st 30 th April) 4.1 During the period 1 st 30 th April in any permit year, the fishery can be subject to temporary closure. 4.2 All permit holders are required to report to the Committee within 24 hours of capture, all salmon or migratory trout taken at anytime within the period 1 st to 30 th April. 4.3 A temporary closure will be implemented by the Clerk of the Committee when the catch rate of salmon and migratory trout as reported by the permit holders or witnessed by fishery officers exceeds a predetermined level over any 3 day consecutive period. 4.4 Once the closure is invoked the fishery will remain closed until the 15 th October in the same calendar year. Schedule III AREA A (1) Those tidal waters and parts of the sea in the District bounded as follows:- i on the east by a straight line drawn 327 True direction from Old Nab (position North, West), ii on the west by a straight line drawn 036 True direction from Cowbar Nab, near Staithes (position North, West). (2) Those tidal waters and parts of the sea in the District bounded as follows:- i on the east by a straight line drawn from Whitby Highlight (position North, West) to Whitby Bell Buoy (position North, West) and ii on the west by a straight line drawn 240 True direction from Whitby Bell Buoy to the land (position North, West). AREA B - The Humber Those tidal waters and parts of the sea in the District within the River Humber upstream of a straight line drawn between Spurn Head Lighthouse (position North, East) and RAF Donna Nook Control Tower (the Control Tower at RAF Air Gunnery and Bombing Range at Donna Nook), (position North, East) and within the area bounded by the following unbroken lines:- i a line drawn from Spurn Head Lighthouse to RAF Donna Nook Control Tower, 10

15 ii a line drawn from RAF Donna Nook Control Tower to point North, East ( Spurn Light Float ), iii a line drawn from the Spurn Light Float to Spurn Head Lighthouse. AREA C - The Holderness Coast Those tidal waters within the District which lie inside the 5 metre depth contour line and between: i a line drawn true east from Flamborough Head Lighthouse in position ( North, West) ii a line drawn true east from Withernsea Light in position ( North, East) AREA D Tees, Wear & Tyne Tees Area Those tidal waters and parts of the sea in the District bounded as follows:- i on the north-east by a straight line drawn from position North, West to the Tees Fairway Buoy (position North, West), ii on the south-east by a straight line drawn from the Tees Fairway Buoy to the North West Chimney (position North, West) at the British Steel Corporation Plant, Redcar. Wear Area Those tidal waters and parts of the sea in the District bounded as follows:- i on the north by a line one nautical mile in length drawn True east from Souter Point (position North, West), ii on the south by a line one nautical mile in length drawn True east from a position North, West and which said position is situated within a triangular shaped shelf of rocks known as Salterfern Rocks, iii on the east by a straight line joining the eastern extremities of the said northern and southern boundary. Tyne Area Those tidal waters and parts of the sea in the District bounded as follows:- i on the north by a line drawn True east from the lighthouse at the seaward extremity of the south pier at the southern side of the entrance to the River Tyne (position North, West) to the point of intersection with a line drawn from a point one nautical mile True east from the leading lights of Cullercoates (position North, West) to a point one nautical mile True east from Souter Point, ii on the south by a line one nautical mile in length drawn True east from Souter Point, iii on the east by a straight line joining the eastern extremities of each of the boundaries described in (i) and (ii) above. Byelaw XVIII Fixed Engine (Authorisation) Byelaw made by the Committee on 26 July 2005 is revoked 11

16 Explanatory note (These notes do not form part of the byelaw) The purpose of this Byelaw is to protect developing inshore bass (Dicentrarchus labrax) stocks from overexploitation through the management of intertidal or near-shore netting effort. It is also to protect salmon and migratory trout, by prohibiting fishing with nets at times and in places where these species are vulnerable to capture with enmeshing nets and enable legitimate fishing with nets for sea fish and eels in accordance with the above aims. The Environment Agency is designated as the local Sea Fisheries Committee in those tidal waters inland of the boundaries of the North Eastern Sea Fisheries Committee District (in the estuaries of the Wear, Tees, Esk and Humber). No byelaws have been made to authorise the use of fixed engines in these areas. All positions relevant to this Byelaw are Satellite derived from WGS84 datum. 1. Interpretation In this byelaw- XXI. PROTECTION OF V NOTCHED LOBSTERS (c) (d) (e) The Authority means the North Eastern Inshore Fisheries and Conservation Authority as defined in articles 2 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193). The District means the North Eastern Inshore Fisheries and Conservation Authority District as defined in articles 2 and 3 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193). V notched lobster means a lobster with a marking in the shape of the letter V with a depth of at least 5 mm cut into at least one of the inner flaps of the tail fan either side of the main tail flap or telson, with the apex of the letter V positioned inward from the edge of the flap. The depth of the V notch shall be measured vertically from the distal edge (not including the setae or small hairs) of the flap to the apex of the V ; Mutilated lobster means any lobster with any damage likely to obscure a V notch mark or absence of, either one or both inner flaps, located either side of the main tail flap or telson. Any other damage or mutilation to, or absence of, any other tail flap, excluding the two inner flaps, is not classed as mutilation for the purpose of this byelaw regulation; and Flap means any part of the five flaps of the tail fan of a lobster. 2. General Provisions (c) No person shall fish for, take, retain, store, carry, transport or land any V notched lobster or mutilated lobster of the species Homarus gammarus. Any V notched lobster or mutilated lobster shall be returned immediately to the sea in a position as near as possible to that part of the sea from which it was taken. The byelaw with the title protection of V notched lobsters made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked. 12

17 Explanatory note (This note does not form part of the byelaw) The intention of this byelaw is to protect lobsters which have been marked with a V notch and to strengthen the biomass of sexually mature lobsters present within the exploited fishery. This byelaw prohibits fishing for, taking, retaining, storing, carrying, transporting or landing lobsters that have been marked with a V notch or mutilated so as to obscure a V notch. The North Eastern Inshore Fisheries and Conservation Authority and the North Eastern Inshore Fisheries and Conservation District are defined in articles 2, 3 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193). XXII. PERMIT TO FISH FOR LOBSTER, CRAB, VELVET CRAB AND WHELK 1 This Byelaw applies to all of the North Eastern Sea Fisheries Committee District. 2 No person shall fish for or take any of the following specified kinds of sea fish: Lobster (Homarus gammarus), Crab (Cancer pagurus), Velvet Crab (Liocarcinus puber), or Whelk (Buccinum undatum), within the area of the North Eastern Sea Fisheries Committee District except under a specified permit issued by the Committee and signed by the Clerk of the Committee and in accordance with the following conditions:- Shellfish Entitlement Holder Permit 3 A Shellfish Entitlement Holder Permit will be issued, upon application to the Committee, only to the owner or owners of a fishing vessel which does not exceed 16.0 metres overall length and which, at the time the application is made and throughout the duration of the permit, is registered as a fishing vessel in accordance with Part II of the Merchant Shipping Act 1995 and the regulations made thereunder (or any statutory modification or re-enactment thereof), or in the Channel Islands or the Isle of Man, and who holds a current fishing licence with a shellfish entitlement issued by the appropriate UK Fisheries Department at the time the application is made 3.1 A permit shall be valid until the 31st of December in the year of issue of the permit. 3.2 The permit shall not be transferable and must be surrendered to the Committee immediately if no longer required by the owner or owners to whom it was issued for the vessel named on the permit. 3.3 The holder of the permit shall send to the Committee a monthly return showing accurate information regarding the weight in kilograms of lobster, crab, velvet crab and whelk, taken from within the District during the preceding calendar month, together with information on the types and number of fishing gear employed and the area fished and any other information which the Committee regards as necessary. 3.4 It shall be the responsibility of the holder of the permit to ensure that such accurate statistical returns as required by the Committee are received by the Committee not later than the last day of the month following the period for which the returns are due. 3.5 The requirement in section 3.3 and 3.4, referring to the provision of monthly catch returns, shall apply only to vessels over 10 metres in overall length. 13

18 3.6 The permit holder must ensure that the position of all fleets of pots, individual pots, keep pots, all nets and fish traps must be clearly marked by a surface marker. That marker must be clearly visible and show the vessel s port letters and numbers. 3.7 Any vessel used in accordance with the permit shall clearly display the number issued with the permit. 3.8 Applications for a Shellfish Entitlement Holder Permit to fish under this Byelaw shall be made using the printed forms available from the Committee. It shall remain the responsibility of the permit holder to make application for any permit renewal. 3.9 The permit to fish shall be invalid if any of the above conditions are not met. Limited Shellfish Permit 4 A Limited Shellfish Permit will be issued, upon application to the Committee, to an individual or owner of a fishing vessel which does not meet the criteria for a Shellfish Entitlement Holder Permit as specified in section 3 of this Byelaw. A Limited Shellfish Permit shall not be transferable and shall be valid until the 31 st December in the year of issue of the permit. 4.1 Subject to section 4.2, the person to whom the permit is issued shall not use more than 10 pots or 100 metres of net to fish for or take not more than 2 lobsters, a combined total of 10 crab of the species specified in paragraph (2) and 30 whelk, which must be landed on the same calendar day on which they were caught and may not be stored in any keep box or similar device. 4.2 The allowances set out in section 4.1 apply strictly per vessel regardless of the number of persons on board to whom permits have been issued. 4.3 Any person or persons not using a vessel and taking species specified in paragraph (2) of this Byelaw will also be subject to the allowances set out in section The position of all fleets of pots, individual pots, and nets must be clearly visible and marked by a surface marker. That marker must show the relevant permit holder s number issued with the permit. 4.5 Any vessel used in accordance with the permit shall clearly display the number issued with the permit, not display more than one permit number, and not be used to haul any pots or nets not marked with that number. 4.6 Each permit holder will be issued with 10 pot tags, these must be placed individually on each pot fished. Each tag will bear a unique number issued to the holder and must only be used by the permit holder. Tags will only remain valid during the year of issue of the permit. Replacement tags will be issued, upon application to the Committee, by permit holders, up to a maximum of 10 during the year of issue of the permit. 4.7 Applications for a Limited Shellfish Permit shall be made using the printed forms available from the Committee. It shall remain the responsibility of the permit holder to make any application for renewal. 4.8 The permit to fish shall be invalid if any of the above conditions are not met. 14

19 Seizure of Gear 5.0 Any fishing gear used or deployed in contravention of this Byelaw may be seized in accordance with provisions contained in Section 10 of the Sea Fisheries Regulation Act Application 6.0 This Byelaw shall not apply to vessels which only fish by way of trawling. Any such vessel wishing to catch shellfish within the Committee s District by means of using static gear shall require a permit Interpretation North Eastern Sea Fisheries Committee District means the area as defined in SI 1986 No 647 North Eastern Sea Fisheries District Order 1986 (as amended by SI 1993 No 2532 Sea Fisheries Districts (Variation) Order 1993). The landward boundaries fall between the South Pier of the River Tyne and a point South of the Humber Estuary known as Donna Nook. The seaward boundary is defined as the six-mile territorial limit. Specified permit means either a Shellfish Entitlement Holder Permit or a Limited Shellfish Permit issued by the Committee; Fishing vessel means a vessel of whatever size, and in whatever way propelled, for the time being used for, or in connection with, fishing for sea fish. Shellfish entitlement means an additional authorisation specified in a fishing licence which authorises the licence holder to fish for shellfish without restriction; and Fishing gear means any nets, pots, ropes, anchors, surface markers or other instruments used or deployed during fishing operations. XXIII METHOD AND AREA OF FISHING (SCALLOP DREDGES) BYELAW 2015 The Authority for the North Eastern Inshore Fisheries and Conservation District in exercise of its powers under sections 155 and 156 of the Marine and Coastal Access Act 2009 makes the following byelaw for the management of scallop dredging within that District. 1. Interpretation In this byelaw- (c) the Authority means the North Eastern Inshore Fisheries and Conservation Authority as defined in articles 2 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); baselines mean the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25 January 1983 in accordance with the Territorial Waters Order in Council 1964 (1965 IIIp.6452A) as amended by the Territorial Waters (Amendment) Order in Council 1979 (1979 IIp.2866); Certificate of Registry and Registrar of Shipping and Seamen have the meaning given to them in the Merchant Shipping Act 1995; 15

20 (d) (e) (f) (g) (h) (i) (j) (k) the District means the North Eastern Inshore Fisheries and Conservation District as defined in articles 2 and 3 of the North Eastern Inshore Fisheries and Conservation Order 2010; fully functioning Automatic Identification System means an operational transceiver of Class A or Class B design that transmits accurate information including the ships identity, type, position, course, speed and can exchange information with shorebased facilities; three nautical mile limit line means a line drawn three nautical miles seaward of and running parallel to the baselines; six nautical mile limit line means a line drawn six nautical miles seaward of and running parallel to the baselines; overall length of a vessel means the overall length as recorded on the vessel s Certificate of Registry, issued by the Registrar of Shipping and Seamen; engine power of a vessel means the engine power as recorded on the vessel s Certificate of Registry, issued by the Registrar of Shipping and Seamen; scallop means an animal of the species Pecten maximus or Aequipecten opercularis; scallop dredge means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops; (l) scallop dredging permit means a permit issued in accordance with paragraph 3; (m) (n) 2. Prohibitions specified scallop dredging area means that part of the sea within the District bounded to the north by the boundary of the District, to the south by a line drawn east from Filey Brigg (Lat 54 o North Long 000 o West), to the west by the three nautical mile limit line and to the east by the six nautical mile limit line; `track record means documentary evidence of annual catch (from within the District) and landings (at ports or harbours within the District) of scallops. (c) A person must not use a scallop dredge outside the specified scallop dredging area. A person must not use a scallop dredge within the specified scallop dredging area unless that person holds a valid scallop dredging permit. A person must not carry or use a scallop dredge on or from a vessel unless the vessel is operating a fully functioning Automatic Identification System. 3. Scallop Dredging Permits (c) The Authority may issue a scallop dredging permit to a named person or persons, in respect of a named vessel, authorising the use of a scallop dredge within the specified scalloping area, subject to the provisions of this byelaw. The owner of a vessel meeting all of the criteria specified in paragraph (c) or all of the criteria specified in paragraph (d) may make an application to the Authority for a scallop dredging permit in respect of that vessel. (i) The vessel is registered as a fishing vessel in accordance with Part II of the Merchant Shipping Act 1995 or in the Channel Islands or the Isle of Man and holds a valid current fishing licence issued by the appropriate United Kingdom Fisheries Department at the time the application is made. (ii) The overall length of the vessel does not exceed 12 metres. 16

21 (iii) The engine power of the vessel does not exceed 221 kilowatts. (d) (i) The vessel is registered as a fishing vessel in accordance with Part II of the Merchant Shipping Act 1995 or in the Channel Islands or the Isle of Man and holds a valid current fishing licence issued by the appropriate United Kingdom Fisheries Department at the time the application is made. (ii) The overall length of the vessel does not exceed 18.3 metres. (iii) The engine power of the vessel does not exceed 400 kilowatts. (iv) The vessel possesses a track record of catching and landing a minimum of 500 kilograms of scallops within the District in any three month period prior to 31 December (v) The vessel owner has presented the vessel s track record to the Authority within three calendar months of the date of this byelaw coming into force. It is the vessel owner s responsibility to demonstrate the validity and accuracy of such a track record. 4. Transfer of track records (c) (d) A track record may be transferred from a donor vessel to recipient vessel providing: (i) the recipient vessel is of an equal or smaller overall length than the donor vessel; (ii) the engine power of the recipient vessel is equal or smaller than that of the donor vessel; and (iii) the ownership of the recipient vessel is the same as that of the donor vessel. Any transfer of a track record must be notified to the Authority within one month of the transfer. Transfer of a track record removes all of the track record from the donor vessel. In the case of the sale of a donor vessel from which a track record has been transferred, the selling owner must inform the buyer of the vessel of the transfer of track record prior to the point of sale. 5. Application for scallop dredging permits (c) (d) Scallop dredging permits will be valid from 1 November to 30 April the following year inclusive. A fee of 500 will be charged by the Authority for each scallop dredging permit upon application and renewal only. Each year, the Authority will determine the maximum number of scallop dredging permits (if any) to be issued, taking into account the specified scallop dredging area and the exploitable stock available. The Authority will publish on its website before or as soon after 1 November as reasonably practicable, the maximum number of permits that will be issued. Scallop dredging permits will be issued in accordance with the following process: (i) If the number of applicants does not exceed the maximum number of available permits determined by the Authority in accordance with paragraph 5(c) then each eligible applicant will be issued a permit, subject to the provision of this byelaw. 17

22 (e) (f) (ii) If the number of applicants exceeds the maximum number of available permits determined by the Authority in accordance with paragraph 5(c) then permits will be issued to those vessels that can demonstrate the longest track record until the number of available permits has been fully allocated. (iii) The outcome of each application will be confirmed in writing to the respective applicant and unsuccessful applicants will be given the opportunity to appeal the decision. (iv) All appeals must be received by the Authority, in writing, with supporting evidence, within 21 days of the date the letter is sent confirming the original decision. (v) Appeals will be considered by the Authority who will notify the appellant of the outcome within 7 working days of the respective hearing. (vi) The appeal process will only consider the content of the written evidence provided by the appellant and that the correct procedure has been applied. (vii) The Authority s decision is final. The Authority retains the right to refuse to issue a permit until such time as any applicant makes available any outstanding information required for the issue of that permit, or outstanding information from a previous year required by paragraph 6 of this byelaw or receipt of the permit fee required by paragraph 5. Scallop dredging permits are not transferable between vessels and can only be used by a person named in the scallop dredging permit and in conjunction with the vessel named in the scallop dredging permit. 6. Monthly returns The holder of a scallop dredging permit must, by no later than the fifth day of each month, submit to the Authority information on catch of scallops in kilograms or tonnes (live weight) and active fishing time in hours for the previous month and any other information that the Authority deems necessary. 7. Suspension of scallop dredging permits (c) If the Authority considers it necessary it may suspend any scallop dredging permits issued for a specified period. In taking such a decision the Authority will consider: (i) all available and current scientific and survey data; (ii) internal scientific advice from within its membership; (iii) any advice provided by the Centre for Environment, Fisheries and Aquaculture Sciences; (iv) any advice provided by Natural England or other external authorities, organisations, persons or bodies as the Authority thinks fit; (v) information from any other relevant source; and (vi) representations from scallop dredging permit holders. Prior notice of such action will be provided in writing to all permit holders and through publication on the Authority's website at least ten working days prior to any suspension taking effect. Any representations must be lodged in writing to the Authority within five working days of the date of the original notice provided to permit holders. 18

23 (d) (e) (f) Such representations will be considered by the Authority members in combination with the conditions listed in paragraph 10 and a final decision will be made. Notification of the final decision, including suspension of permits will be made in writing to all permit holders and on the Authority s website within five working days of the final decision. Such a suspension may apply to all or part of the specified scallop dredging area. 8. Seasonal Closure A person must not use a scallop dredge between 1 May and 31 October of the same year inclusive. 9. Daily Closure A person must not use a scallop dredge, on any day, before 07:00 hours, or after 19:00 hours. 10. Dredge Conditions (c) (d) (e) A person using a scallop dredge must comply with the relevant EC and national fisheries legislation. A person must not use a scallop dredge which has its ring size, spaces between rings or netting mesh size of the retaining bag obstructed or otherwise reduced by any method. A person must not use more than 10 scallop dredges from a single vessel at any one time. Where multiple scallop dredges are used, a person must not use a towing bar to which scallop dredges are attached which is wider than five metres. A person must not use a towing bar to which scallop dredges are attached which is extendable beyond five metres as measured between its extremities including all attachments. 11. Revocations The byelaw with the title XXIII Method and Area of Fishing (Dredges) Byelaw made by North Eastern Inshore Fisheries and Conservation Authority on 6 December 2012 in exercise of its power under section 155 and 156 of the Marine and Coastal Access Act 2009 in force immediately before the making of this byelaw is revoked. The emergency byelaw with the title Emergency Byelaw for the Prohibition of Dredges for Fishing made by North Eastern Inshore Fisheries and Conservation Authority on 2 February 2015 in exercise of its power under section 157 of the Marine and Coastal Access Act 2009 in force immediately before the making of this byelaw is revoked. 19

24 Explanatory note (This note is not part of the byelaw) The intention of this byelaw is to protect the scallop stock within the District from overexploitation and minimise the associated impact on the wider marine environment. The byelaw limits scallop dredging by means of a restricted permit scheme with the following features- a maximum vessel size (12 metres overall length) and engine power (221 kilowatts); closed areas; (c) a maximum number of dredges of 10 per vessel; (d) a closed season (May to October inclusive); (e) a daily closure period (7pm to 7am); and, (f) a mandatory requirement for all scallop dredgers to operate an Automatic Identification System (AIS). The permit scheme also includes a historical rights provision enabling larger vessels (up to a maximum size of 18.3m overall length and 400KW engine power) which could previously fish within the North Eastern Inshore Fisheries and Conservation District and can demonstrate a track record of doing so, to apply for permits. Appendix 1 - Map showing the specified scallop dredging area 20

25 1. 1. Interpretation In this byelaw- XXIV COCKLE MANAGEMENT BYELAW The Authority means the North Eastern Inshore Fisheries and Conservation Authority as defined in articles 2 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193). The Clerk means the Clerk to the Authority. (c) The District means the North Eastern Inshore Fisheries and Conservation District as defined in articles 2 and 3 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193). (d) Fish for means fish for, take, land, transport or store. 2. Permits (c) (d) (e) No person shall fish for any cockle unless that person holds a valid permit issued by the Authority subject to the requirements set out in paragraphs 3, 4 and 5. The Authority will determine the number of permits (if any) to be issued for the exploitation of cockle stocks taking into consideration the area concerned and the available exploitable stock. The number of permits available will be set before 1 July each year. A permit will be valid for one year from 1 September. Permits will be issued to applicants provided that the application form in the form specified by the Authority has been accurately completed and received. Permits are not transferable and can only be relied upon by the person named in the permit and whose photograph is attached to the permit. The Authority retains the right to refuse to issue a permit until such time as any applicant makes available any outstanding information required for the issue of that permit, or outstanding information from a previous year required by paragraph 5 of this byelaw. A permit holder shall, by no later than the 5 th day of each month, make a return in the form specified by the Authority, of the date upon which and the location from which any cockles were taken in the previous calendar month, together with quantities (in kilograms) of all cockles taken, or if appropriate, a statement that the person had taken no cockles. Failure to supply the return by the due date will render the permit invalid until the return is supplied. 3. Closed Season No person shall remove any cockle between the 1 st of May and the 31 st August inclusive. 4. Fishing Methods No person shall use for the purpose of taking cockles any instrument other than a rake or other like instrument with a head width not exceeding 305 mm and having spaces of not less than 20 mm between the teeth. 21

26 5. Minimum Size No person shall remove from the fishery any cockle which will pass through a gauge having a square aperture of 20 mm measured over each side of the square, except in accordance with the prior written authority of the Clerk. 6. Catch Limits No person shall remove from the fishery more than 500 kilograms of cockles in any twenty- four hour period, except in accordance with the prior written authority of the Clerk. 7. Fishery Closures If, after consultation with the permit holders, the Authority considers it necessary for the purposes of: (i) (ii) (iii) (iv) ensuring recovery of depleted stocks, ensuring the protection and development of mainly immature or undersized or transplanted cockles, protection of the fishery, fishery management and control of exploitation, or wider environmental protection and conservation it shall close for a specified period any cockle bed or part of a bed. (c) (d) No person shall, without the prior written authority of the Clerk fish for any cockle from a bed or part of a bed that has been closed under this byelaw. Where any bed or part of a bed is closed under this byelaw, the Authority will, where it is practicable to do so, cause notices to be displayed in the vicinity clearly identifying the area which has been closed. In addition, notice of the closure will be published in a newspaper circulating in the area in which the cockle bed is situated and published on the website for the Authority. The provisions contained within paragraphs a, b and c are only applicable within the following specified areas of the Authority s District: (i) (ii) The Humber Estuary upstream of a line drawn between Spurn Head Light House, position Lat 53 o N Long 000 o E and Haile Sand Fort, position Lat 53 o N Long 000 o E The boundaries of Hartlepool Borough Council, Stockton-on-Tees Borough Council and Redcar and Cleveland Borough Council. 8. General Provisions The byelaw with the title Humber Estuary Cockle Fishery Byelaw made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked. The emergency byelaw with the title Tees Mouth and Cleveland Emergency Byelaw Regulation made and confirmed by North Eastern Inshore Fisheries and Conservation Authority in exercise of its powers under Section 157 of the Marine and Coastal Access Act 2009 in force immediately before the making of this byelaw is also revoked. 22

27 Explanatory note (This note is not part of the byelaw) The intention of this byelaw is to support the sustainable exploitation of cockle stocks throughout the District of North Eastern Inshore Fisheries and Conservation Authority. This byelaw prohibits fishing for, taking, landing, transporting or storing cockles without a valid permit issued by North Eastern Inshore Fisheries and Conservation Authority. It also imposes other restrictions on those carrying out these activities including provisions to close cockle beds within two specified areas of the District detailed within paragraphs 13 and 13 of the byelaw. These include the Humber Estuary and the boundaries of Hartlepool Borough Council, Stockton-on-Tees Borough Council and Redcar and Cleveland Borough Council. These specified areas are detailed on the associated maps attached to this explanatory note. Map 1 Humber Estuary 23

28 Map 2 Hartlepool Borough Council, Stockton-on-Tees Borough Council and Redcar and Cleveland Borough Council 24

29 The North Eastern Inshore Fisheries and Conservation Authority and the North Eastern Inshore Fisheries and Conservation District are defined in articles 2, 3 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193). XXV. PROHIBITION ON REMOVAL OF TOPE OR PARTS THEREOF 1. This byelaw applies to any part of the district within a line drawn on the seaward side of the baselines 6 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured. For the purpose of this paragraph the baselines means the baselines as they existed at 25th January, 1983 in accordance with the Territorial Waters Order in Council 1964 (1965 III p.6452a) as amended by the Territorial Waters (Amendment) Order in Council 1979 (1979 II p.2866). 2. No person shall remove from any fishery any tope of the species (Galeorhinus galeus) or part(s) thereof which is detached from the body. 3. Any tope, if caught, shall be returned immediately to the sea in a position as near as possible to that part of the sea from which it was taken. Explanatory note (This note is not part of the Byelaw) The intention of this Byelaw is to protect tope from commercial over-exploitation within the Committee s jurisdiction. XXVI. FLAMBOROUGH HEAD FISHING BYELAW The Authority for the North Eastern Inshore Fisheries and Conservation District in exercise of its powers under sections 155 and 156 of the Marine and Coastal Access Act 2009 makes the following byelaw for that District. Interpretation 1. In this byelaw: (c) 'the Authority' means the North Eastern Inshore Fisheries and Conservation Authority as defined in articles 2 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); 'the District' means the North Eastern Inshore Fisheries and Conservation District as defined in articles 2 and 3 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); 'Flamborough Head Prohibited Trawling Area' means the area bounded with a line drawn from: position A (Latitude 54 o N Longitude 000 o W) to position B (Latitude 54 o N Longitude 000 o W) to position C (Latitude 54 o N Longitude 000 o W) to position D (Latitude 54 o N Longitude 000 o W) to position E (Latitude 54 o N Longitude 000 o W) to position F (Latitude 54 o N Longitude 000 o W) to position G (Latitude 54 o N Longitude 000 o W) to position H (Latitude 54 o N Longitude 000 o W) and then 25

30 from position H along the coast at a level of mean high water spring tide to position A; (d) 'Flamborough Head Permit Area' means the area bounded with a line drawn from: position C (Latitude 54 o N Longitude 000 o W) to position I (Latitude 54 o N Longitude 000 o E) to position J (Latitude 54 o N Longitude 000 o E) to position F (Latitude 54 o N Longitude 000 o W) to position E (Latitude 54 o N Longitude 000 o W) to position D (Latitude 54 o N Longitude 000 o W) and then from position D back to position C; (e) (f) (g) (h) 'Special permit' means a permit, issued in respect of a specified vessel under paragraph 5 of this byelaw dated and signed by the Clerk of the Authority; trawling activities' means towing a net to catch fish; 'beam trawling' means single or multiple vessels engaged in towing a singular or multiple trawl with a beam fixed across the mouth of the associated net; and multi rig vessel trawling means single or multiple vessels towing multiple nets to catch fish. Prohibitions 2. No vessel shall engage in any trawling activities within the Flamborough Head Prohibited Trawling Area. 3. No vessel shall engage in any trawling activities within the Flamborough Head Permit Area unless that vessel holds a valid special permit. 4. Beam and multi-rig vessel trawling are prohibited within the Flamborough Head Permit Area. Permits 5. Special permits will be issued by the Authority to applicants meeting the following criteria: The vessel is registered as a fishing vessel in accordance with Part II of the Merchant Shipping Act 1995 or in the Channel Islands or the Isle of Man and holds a valid current fishing licence issued by the appropriate United Kingdom Fisheries Department at the time the application is made; and The vessel holds a valid special permit to trawl within the Flamborough Head European Marine Site under the byelaw referred to in paragraph 14 at the date of confirmation of this byelaw. 6. Special permits will remain valid until a formal change of ownership affects the major shareholding of the vessel to which they were issued. Major shareholding means the largest allocation of shares in the vessel as detailed on the vessel s Certificate of Registry. 7. Special permits are not transferable except where a change of major shareholding, relating to the vessel, named on the permit, occurs between father and son or father and daughter. 26

31 8. Special permits must be immediately surrendered to the Authority if no longer required by the owner or owners of the vessel to which it was issued. Fishery Closures 9. If the Authority considers it necessary for the purposes of ensuring additional protection to the interest features of the Flamborough Head Permit Area it shall suspend special permits for a specified period. In taking such a decision the Authority will consider: (c) (d) (e) all available and current scientific and survey data; internal scientific advice from within its membership; any advice provided by the Centre for Environment, Fisheries and Aquaculture Sciences; any advice provided by Natural England or other external authorities, organisations, persons or bodies as the Authority thinks fit; and information from any other relevant source. Such a suspension could apply to either the entire Flamborough Head Permit area or part of it. 10. Prior notice of such action will be provided in writing to all special permit holders and through publication on the Authority's website and in local newspapers, at least ten working days prior to any decision being made. 11. Any representations must be lodged in writing to the Authority within five working days of the date of the original notice provided to special permit holders. 12. Such representations will be considered by the Authority members in combination with the considerations listed in paragraph 9 and a final decision will be made. 13. Notification of the final decision, including suspension of permits will be made in writing to all special permit holders and through publication on the Authority s website and in local newspapers within five working days of the decision being taken. Revocations 14. The byelaw with the title 'Flamborough Head Fishing Byelaw' made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked. Explanatory note (This note is not part of the byelaw) The purpose of this byelaw is to prohibit all trawling, not authorised by a special permit, within the boundaries of the Flamborough Head European Marine Site and to prohibit all types of trawling within a specified area of the site defined as the Flamborough Head Prohibited Trawling Area and detailed within the byelaw (and on the reference chart below). The regulation will protect the interest features of the Flamborough Head European Marine Site and ensure that the Authority is meeting its statutory duties in accordance with the Conservation of Habitats and Species Regulations (SI.I 2010 No. 490). 27

32 Flamborough Head European Marine Site & Prohibited Trawling Area For illustrative purposes only 28

33 XXVII. FLAMBOROUGH HEAD NO TAKE ZONE This byelaw applies to that part of the district within an area known as the Flamborough Head Special Area of Conservation and bounded as follows: - 1. Between a line drawn due South from point A ( N W), to a line drawn due South from point L ( N W). The seaward limit of the area stretches 700m from the following points: - A N W B N W C N W D N W E N W F N W G N W H N W I N W J N W K N W L N W This area shall be known as the Flamborough Head No Take Zone. 2. Subject to the provisions of this Byelaw, no person or persons shall use any instrument or method of fishing, including hand gathering, for the removal or taking of seafish, within the area defined in paragraph This Byelaw will be reviewed and considered by North Eastern Sea Fisheries Committee at its October meeting on a five-yearly basis, following the date of the Byelaw coming into force. As part of the review North Eastern Sea Fisheries Committee will consider whether the provisions remain relevant and if any Byelaw revisions are necessary. Interpretation All positions relative to this Byelaw are satellite derived from WGS84 Datum. Sea fish means fish of any description found in the sea including shellfish but does not include:- a) Fish of the salmon species, or b) Trout which migrate to and from the sea Shellfish includes crustaceans and molluscs of any kind Instrument means any device including: A rod and line; Any type of net either, trawl, drift, seine, push or static; Any type of fixed line, hook or implement and any type of trap including pots of any description. Fishing method means any type of fishing involving an individual or vessel including those powered by paddle, oar or sail. A vessel includes a ship, boat, lighter and other craft of any kind. Explanatory note The purpose of this Byelaw is to pilot the impact of No Take Zones on fisheries management and marine environmental conservation within the North Eastern Sea Fisheries Committees district. The Byelaw will totally 29

34 prohibit the removal of sea fish by any method within the area specified in paragraph 1 of the Byelaw (detailed on the associated chart). The regulation will protect the interest features of the Flamborough Head SAC and ensure that the Committee is meeting its statutory duties in accordance with the Conservation (Natural Habitats, &c.) Regulations Key Points A - L 30

35 XXVIII CRUSTACEA CONSERVATION BYELAW The Authority for the North Eastern Inshore Fisheries and Conservation District in exercise of its powers under sections 155 and 156 of the Marine and Coastal Access Act 2009 makes the following byelaw to support the management and conservation of crustacean fisheries within that District. 1. Interpretation In this byelaw (c) (d) (e) the Authority means the North Eastern Inshore Fisheries and Conservation Authority as defined in articles 2 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); the District means the North Eastern Inshore Fisheries and Conservation District as defined in articles 2 and 3 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); Area A means that part of the sea within the District bounded to the North by the boundary of the District, to the South by a line drawn True North East from the light on the South Pier at the mouth of the Tees Estuary (position Lat 54 o N Long 001 o W) to the 3 Nautical Mile Limit and to the East by the 3 Nautical Mile Limit; Area B means that part of the sea within the District bounded to the South by the boundary of the District, to the North by a line drawn True North East from the light on the South Pier at the mouth of the Tees Estuary (position Lat 54 o N Long 001 o W) to the 3 Nautical Mile Limit and to the East by the 3 Nautical Mile Limit; Area C means that part of the sea within the District bounded to the North by a line drawn True North East from the light on the South Pier at the mouth of the Tees Estuary (position Lat 54 o N Long 001 o W) to the boundary of the District, to the East by the boundary of the District and to the South by the boundary of the District; (f) 3 Nautical Mile Limit means a line drawn on the seaward side of the baselines 3 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured; (g) (h) baselines means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25 th January 1983 in accordance with the Territorial Waters Order in Council 1964 ( p.6452A) as amended by the Territorial Waters (Amendment) Order in Council 1979 ( p.2866); Sea fish means fish that habitually live in the sea but does not include: (i) (ii) (iii) Salmon, trout, eels, lampreys, smelt and shad; Any fish of a kind which migrates from freshwater to salt water or from salt to freshwater to spawn; Any freshwater fish; (i) (j) overall length means the overall length of the vessel as detailed on its official certificate of registry; Edible crab means crab of the species Cancer pagurus; 31

36 (k) Lobster means lobster of the species Homarus gammarus; (l) Velvet crab means crab of the species Necora puber; (m) crustacea include any species of lobster or crab including prawns and Nephrops norvegicus; (n) cooked crab offal means edible crab which has been cooked; (o) carapace size means the width of the carapace measured across the widest point; (p) statutory minimum landing size means the minimum landing size of a species as prescribed by European or domestic law or any Authority byelaw regulation; (q) clawless lobster means any lobster which is displaying the total absence of any fully formed and functioning claws or chelae. Functioning is defined as the ability of the animal to open and close the claw. (r) pot means a pot, creel or trap used for catching sea fish or crustacea; (s) fishing trip means the entire period between leaving and returning to port. (t) Fishing means searching for sea fisheries resources, shooting setting, towing, hauling of fishing gear and taking sea fisheries resources onboard. 2. Vessel Length Restrictions No person shall use any pot for any purposes from a vessel: in excess of 14 metres overall length within Area A; and in excess of 12.5 metres overall length within Area B. 3. Escape Gaps No person shall use a pot within Areas A and C for the purpose of fishing for crustacea or sea fish unless:- (i) (ii) (iii) the pot has at least one unobstructed escape gap located in its exterior wall or, in the case of a multiple chambered pot each individual chamber has an unobstructed escape gap located in its exterior wall; each escape gap is of sufficient size that there may be easily passed through the gap a rigid box shaped gauge 80 mm wide, 46 mm high and 100 mm long; and the escape gap is located within the pot in such a way that the longitudinal axis is parallel to the base of the pot and is located in the lowest part of the parlour as is practically possible and within 50 mm of the base. 32

37 4. Minimum Landing Size for Edible Crab No person shall fish for, take, retain on board, land, store or transport any edible crab which has not attained a carapace size of 140 millimetres but shall return the same to the sea immediately. 5. Prohibition on the Removal of Parts of Crab No person shall remove, take, retain, store, carry, transport or land any edible crab or part thereof which is detached from the body of the crab, and which does not comply with the statutory minimum landing size but shall return the same to the sea immediately. Paragraph does not apply to any part of an edible crab contained in any by-catch which complies with the following conditions: (i) (ii) the total of such parts is not more than 10% of the total weight of all species subject to a statutory minimum landing size other than crustacea, landed by the same person on one occasion; and the crab was caught in a trammel, gill, tangle or other enmeshing net and the part became detached from the crab in the course of clearing the net. 6. Prohibition on the use of edible and velvet crab for Bait No person shall use any edible crab or velvet crab for bait. Paragraph does not apply to the following: (i) (ii) (iii) the use of any cooked crab offal as bait; and The use of edible crab, above the statutory minimum landing size, as bait for recreational rod fishing. The use of velvet crab, above the statutory minimum landing size, as bait. 7. Prohibition on the Removal of Parts of Lobster No person shall remove, take, retain, store, carry, transport or land, the tail, claw or any other detached part of a lobster. 8. Prohibition on the Removal of Clawless Lobsters 9. Deeming No person shall remove, take, retain, store, carry, transport or land any clawless lobster. During each singular fishing trip, vessels fishing exclusively outside the District will not be subject to the provisions of this byelaw. It is to be presumed that a vessel has taken or removed any sea fisheries resources to which this byelaw relates from within the District if, at any time, during any singular fishing trip (i) it is proved that the vessel was found within the District, and 33

38 when so found, the vessel was in possession of any of the things mentioned in paragraph (c); and (ii) it is reasonable to infer from those facts (either by themselves or taken together with other circumstances) that the vessel was, or had been, taking or removing sea fisheries resources in contravention of this byelaw. (c) The things are (i) such equipment, vehicle, apparatus or other gear or paraphernalia (including clothing) as may be used for the purpose of taking or removing sea fisheries resources in contravention of this byelaw; and (ii) sea fisheries resources, the taking and removing of which is prohibited by this byelaw. (d) The presumption in paragraph does not apply where sufficient evidence is adduced to raise an issue as to whether the fisheries resources on board the vessel were taken and or removed from within the District. 10. Revocations (c) (d) The byelaw with the title Removal of parts of lobsters from any fishery: Prohibition of made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked. The byelaw with the title Parts of crab made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked. The byelaw with the title Prohibition on the use of crab (Cancer pagurus) for bait made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked. The byelaw with the title Crustacea conservation byelaw made by the Committee for the North Eastern Sea Fisheries District in exercise of its power under section 5 of the Sea Fisheries Regulation Act 1966 in force immediately before the making of this byelaw is revoked Explanatory note (This note is not part of the byelaw) The intention of this byelaw is to provide a comprehensive suite of management provisions to conserve crustacea stocks within the District. These provisions include restrictions on the size of vessel which can work pots inside the 3 nautical mile limit, the mandatory requirement for all pots to carry escape gaps, a new minimum landing size of 140 mm for edible crab.and further restrictions on the landing of parts of crab and lobster, clawless lobster and the use of edible as bait. 34

39 The byelaw refers to three areas of the Authority s district which relate specifically to paragraphs (2) Vessel Length and (3) Escape Gaps as follows: (1) Area A Northern Boundary to Tees and seaward to 3 nautical mile limit Maximum overall vessel length of 14 metres Mandatory escape Gaps 80mm x 46mm (2) Area B Tees to Southern Boundary and seaward to 3 nautical mile limit Maximum overall vessel length of 12.5 metres Mandatory escape Gaps 80mm x 46mm (3) Area C Tees to Southern Boundary and seaward to statutory Boundary (6 nautical miles) Mandatory escape Gaps 80mm x 46mm All other provisions detailed within the byelaw apply throughout the entire NEIFCA district as defined in 1. These areas are outlined on the appended chart for visual reference. 35

40 XXIX HUMBER ESTUARY FISHING BYELAW The Authority for the North Eastern Inshore Fisheries and Conservation District in exercise of its powers under sections 155 and 156 of the Marine and Coastal Access Act 2009 makes the following byelaw for that District. Interpretation 1. In this byelaw: (c) (d) (e) the Authority means the North Eastern Inshore Fisheries and Conservation Authority as defined in articles 2 and 4 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); the District means the North Eastern Inshore Fisheries and Conservation District as defined in articles 2 and 3 of the North Eastern Inshore Fisheries and Conservation Order 2010 (S.I No. 2193); dig includes, the use of any rake, spade, fork or similar device or pump or similar device and hand gathering or collection; take means to remove any sea fisheries resources out with the boundaries of the Specified Area; and specified Area means the area defined in the Schedule. Prohibitions 2. No person shall dig, use any pots, traps, nets (whether fixed (anchored to the seabed) or not), trawls, dredges or similar devices within the Specified Area. 3. No person shall take any sea fisheries resources from the Specified Area. 4. Paragraphs (2) and (3) do not apply to the fishing for or taking of sea fisheries resources by means of a rod and line or a hook and line. Explanatory note (This note is not part of the byelaw) The byelaw prohibits digging, using pots, traps, nets, trawls, dredges or similar devices or taking sea fisheries resources from within the Specified Area defined in the byelaw. The byelaw allows recreational rod fishing within the Specified Area. The intention of the NEIFCA Humber Estuary Fishing Byelaw is to protect important seagrass beds, a protected sub-feature of the Humber Estuary European Marine Site and ensure that the Authority is meeting its statutory duties in accordance with the Conservation of Habitats and Species Regulations

41 The area enclosed by a line drawn from: Schedule Definition of the Specified Area Point A (Latitude 53 o N Longitude 000 o E) to Point B (Latitude 53 o N Longitude 000 o E) to Point C (Latitude 53 o N Longitude 000 o E) to Point D (Latitude 53 o N Longitude 000 o E) to Point E (Latitude 53 o N Longitude 000 o E) to Point F (Latitude 53 o N Longitude 000 o E) and then From Point F along the coast at a level of mean high spring water tide to Point A 37