Description

Fishing (recreational or commercial) with pots, creels or traps

Key locations

Potentially anywhere in the permanent sub-tidal areas of the coast

Frequency of Activity

Throughout the year with decreasing activity in the winter

Potential issues

Removal of species from reefs

Features of Marine Protected Areas which might be affected

Reefs and associated species

Organisations with relevant management powers or responsibilities

 

Organisation  Description of power or responsibility 
Marine Scotland 
  • Fisheries enforcement 
  • Byelaw making powers 
Marine Management Organisation 

 

  • Enforcement  
  • Byelaw making powers 
Northumberland Inshore Fisheries & Conservation Authority 

 

  • Fisheries enforcement 
  • Licencing of potting activity 
  • Byelaw making powers 

Relevant Legislation (England)

A number of legal powers, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:

Legislation Legal Powers or Duties Lead Organisation
Marine and Coastal Access Act 2009 (Sections 155-162) Powers for IFCAs to create and enforce Bylaws Northumberland IFCA
The Conservation of Habitats and Species Regulations 2017 (Regulation 32)

As modified by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Power for the Marine Management Organisation (MMO) to create Bylaws on European Marine Sites Marine Management Organisation
Marine and Coastal Access Act 2009 (Section 129) Powers for MMO to create Bylaws on MCZs Marine Management Organisation
Marine and Coastal Access Act 2009, as amended by the Fisheries Act 2020 (Schedule 10) Power for creation of fisheries Bylaws to conserve marine habitats and species Marine Management Organisation
The Conservation of Habitats and Species Regulations 2017 (Regulation 63)

As modified by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

Requirement on all Competent Authorities to undertake a Habitats Regulations Assessment (HRA) before granting permission for plans or projects DEFRA
The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Amendment) (England) Order 2017

 

The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 

 

Landing controls on crab and lobster including restrictions on landing berried and mutilated animals Northumberland IFCA

Relevant Legislation (Scotland)

A number of legal powers, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:

Legislation Legal Powers or Duties Lead Organisation(s)
The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017

The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999 

Landing controls on crustaceans Marine Scotland
The Shellfish (Restrictions on Taking by Unlicensed Fishing Boats) (Scotland) Order 2017 Restrictions on taking of shellfish by unlicensed fishing boats Marine Scotland
The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 28)

As modified by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019

Powers for the creation of Bylaws on European Marine Sites Marine Scotland
The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 48)

As modified by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019

Requirement on all Competent Authorities to carry out a Habitats Regulations Assessment (HRA) before granting permission for plans or projects) Scottish Government

Relevant Guidance, Plans or Codes (Scotland)

Name Description Responsible Organisation Statutory or Non-Statutory?
Scotland’s National Marine Plan

 

The plan covers the management of both Scottish inshore waters (out to 12 nautical miles) and offshore

 

The Scottish Government Statutory

[Marine (Scotland) Act 2010]

Details of Current Management (England)

Landing Restrictions

Landing restrictions exist for crab and lobster set out in The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Amendment) (England) Order 2017 and The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 

These include prohibitions against the landing of mutilated or berried crab and lobster.

Local Bylaws:

Pot fisheries in the inshore waters of North Tyneside and Northumberland are regulated by Northumberland IFCA

NIFCA Bylaw 3 prohibits fishing for, taking, storage, carriage, transportation, landing and offering for sale of certain lobsters, edible crabs and velvet crabs based upon their physical condition. This includes a prohibition on the fishing for, taking, storage, carriage, transportation, and landing of berried lobsters.

NIFCA Bylaw 4 prohibits the fishing for or taking of specified shellfish using pots is prohibited without a Commercial or Recreational permit issued by the Authority.

A commercial permit holder must not fish for specified shellfish with more than 800 pots at any one time. A recreational permit holder must not fish for any specified shellfish with more than 5 pots at any one time and may not take more than 1 lobster, 5 edible or velvet crabs, 20 whelks or 5 prawns in any one day.

NIFCA Bylaw 5 prohibits the use of unmarked pots, keep boxes and passive gear and fishing gear.

The Fish, Mollusc and Crustacea Minimum Size Emergency Byelaw 2019 sets limits on the minimum landing size of of certain species, including edible crab and lobster

The latest version of all NIFCA Bylaws can be downloaded HERE

The Fish, Mollusc and Crustacea Minimum Size Emergency Byelaw 2019 can be downloaded HERE

The MMO has powers to create Bylaws to protect European Marine Sites, Marine Conservation Zones, and to regulate sea fisheries to conserve marine habitats and species. These have not been used on the Northumberland coast but could but could potentially be utilized to address any issues that occur in the future.

Habitats Regulations Assessment (HRA):

Commercial fishing is now a ‘plan or project’ under the Habitat Regulations and new activities will be subject to Habitat Regulations Assessment (HRA).

Details of Current Management (Scotland)

Landing controls on crustaceans:

Minimum landing sizes exist for crustaceans. These can be viewed at https://www.gov.scot/Topics/marine/Sea-Fisheries/InshoreFisheries/crab-lobster-landing-controls

It is prohibited to land a berried (egg-bearing) Velvet crab.

It is prohibited to fish for or land a lobster that bears a v-notch, or that has been mutilated to obscure a v-notch

Bylaws:

Marine Scotland has powers to create Bylaws to protect European Marine Sites. These have not been used on the Berwickshire coast but could potentially be utilized address any issues identified in the future.

Restrictions on taking of shellfish by unlicensed fishing boats:

Unlicensed fishing boats may take no more than 1 lobster and no more than 5 crabs per day. Shellfish taken should be for their own consumption and not sold for profit.

Habitats Regulations Assessment (HRA):

Commercial fishing is now a ‘plan or project’ under the Habitat Regulations and new activities will be subject to Habitat Regulations Assessment (HRA).

Biodiversity Duty:

Under the Nature Conservation (Scotland) Act (2004), all public bodies in Scotland are required to further the conservation of biodiversity when carrying out their responsibilities. This includes coastal and marine biodiversity where relevant to the functions of the public body. The Wildlife and Natural Environment (Scotland) Act (2011) requires public bodies in Scotland to provide a publicly available report, every three years, on the actions which they have taken to meet this biodiversity duty.

Gaps in Management (England)

No upper limit for permits for the Northumberland creel/pot fishery has been established.

Gaps in Management (Scotland)

There is no upper limit on the numbers of crustaceans that can be caught by licenced vessels.