Intertidal hand gathering

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:

The following guidance, codes, plans or strategies are also relevant to the management of this activity:

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:

The following guidance, codes, plans or strategies are also relevant to the management of this activity:

Intertidal hand gathering activities fall into two broad categories: 1) gathering of crustaceans or molluscs for consumption; and 2) collection of fishing bait. (including worms). The collection of intertidal ‘sea fish’ (fish, molluscs and crustaceans) is a public right and is regarded as part of the inalienable right to fish in tidal waters. For species which are considered sea fish the public right to fish means that both commercial collection and that for personal use can be carried out. This right to fish is capable of being regulated and managed (e.g. through byelaws) although in practice much hand gathering is largely goes unregulated. 

The public right to collect bait worms is ancillary to the public right to fish and is limited to personal use only. In practice, it is difficult to differentiate between personal and commercial bait collectors on the ground.

Collection of species from the rocky shore in England does not require a permit when for recreational/personal use but NIFCA byelaws for intertidal species collection enforce European and national minimum landing size for crab (edible and velvet), lobster and Nephrops, plus the number of individuals of crab (5), lobster (2), whelk (20) and prawn (5) that can be landed by an individual in any one day.

Bait collection (recreational and commercial):

Management responsibilities for bait gathering are complex, lying with various organisations depending on the landownership and impact issues.

Bait digging for personal/recreational use is ancillary to the right to fish from the foreshore and can be regulated and managed. No legal right exists to gather bait for commercial sale or reward. Commercial bait digging requires consent from the land owner and any relevant authority. Collection of species from the rocky shore for commercial use requires a permit from NIFCA if undertaken in Northumberland or North Tyneside.

Peeler crabs (crabs which have recently moulted and are still soft) are a sought after bait items. In some locations shelters, such as tyres, are placed in intertidal areas to aid collection. The legal basis of this is unclear. The right to fish on the foreshore includes the right to place fishing gear there without landowners’ permission. However, fishing gear must entrap ‘seafish’, which crab shelters do not – they simply provide habitat – so in theory landowner permission is required. The use of tyres as a shelter for peeler crabs appears to be on the increase in estuaries and further data is required on the extent of this practice and on its impacts.

Bylaws:

NIFCA byelaws ban digging in areas of seagrass within the Berwickshire and North Northumberland Coast SAC (Byelaw 8) and restrict the use of edible crabs for use as bait (Byelaw 3)

A Northumberland County Council byelaw prohibits digging in northern half of Boulmer Haven but is not enforced. A copy of the byelaw can be downloaded HERE The restrictions were not put in place for the purpose of environmental protection, but they do help to protect the conservation interest of the shore.

Lindisfarne NNR byelaws prohibit digging within NNR.

No regulations are place outside of these areas.

Mussel Beds:

This is a private fishery on Ross Sands where low level harvesting is regulated by a NIFCA permit.  Northumberland IFCA carries out an annual mussel survey to assess the stocks and to provide a baseline from which future management decisions can be made. Historically mussel harvesting also took place on beds south of Holy Island.

Unregulated collection takes place on Holy Island and Blyth. NIFCA  have a code of conduct in place for Blyth.

Collection of mussels from SSSI sites, if carried out or permitted by the owner or occupier of the land, will require consent from Natural England.

Periwinkle collection:

Commercial collection of periwinkle (Littorina littorea) takes place on the Tweed Estuary and there are reports of a commercial off Lookout Point at Seahouses.  Buyers will apparently only buy individuals over a certain size, smaller individuals are sieved out and put back. There is currently no regulation in place for periwinkle fisheries. Any future regulation would require a Habitat Regulations Assessment.

Northumberland IFCA have produced a Code of Conduct for Periwinkle Collection covering the Northumberland coast.

Intertidal hand gathering activities fall into two broad categories: 1) gathering of crustaceans or molluscs for consumption; and 2) collection of fishing bait. (including worms). The collection of intertidal ‘sea fish’ (fish, molluscs and crustaceans) is a public right and is regarded as part of the inalienable right to fish in tidal waters. 3. For species which are considered sea fish the public right to fish means that both commercial collection and that for personal use can be carried out. This right to fish is capable of being regulated and managed (e.g. through byelaws) although in practice much hand gathering is largely goes unregulated. 

The public right to collect bait worms is ancillary to the public right to fish and is limited to personal use only. In practice, it is difficult to differentiate between personal and commercial bait collectors on the ground. In Scotland mussels  belong to the crown through The Mussels Fisheries (Scotland) Act 1847 and permission must be gained from Crown Estate Scotland before commercial collection can be carried out.

It is not clear how much intertidal hand-gathering takes place on the Berwickshire coast. Previously this activity was thought to be rare but in recent years there have been increasing anecdotal evidence of hand-gathering activity including commercial collection of some species.

The Berwickshire Marine Reserve (BMR) has a voluntary no-take provision within its boundary that is generally well complied with.

More information is needed about the extent of the use of tyres as shelters for peeler crabs and on the impacts of this practice. No regulation of periwinkle collection. Byelaws are generally not applicable to activities ancillary to the common right to fish, such as bait digging, although bait digging is still covered by the Habitats Regulations. Nothing to control turned boulders/cobbles – awareness-raising may be needed.

Need further information about the extent of intertidal hand gathering on the Berwickshire coast.