Description

Commercial fishing by dredging or trawling

Key locations

Fishing with mobile gear (dredging and trawling) is restricted within a large section of the Berwickshire and Northumberland coast but occasionally takes place on areas of seabed and intertidal sand and mud flats where restrictions do not apply.

Frequency of Activity

Infrequent

Potential issues

Loss of reef fauna and flora due to collateral abrasion damage from dredges operating near reef areas

Features of Marine Protected Areas which might be affected

  • Reefs
  • Sand and mudflats (including Eel-grass beds)
  • Birds
  • Grey Seals

Organisations with relevant management powers or responsibilities

Organisation Description of powers or responsibilities
Marine Scotland ·         Fisheries enforcement

·         Fishing vessel licencing

·         Byelaw making powers

Marine Management Organisation ·         Fisheries enforcement

·         Fishing vessel licencing

·         Byelaw making powers

Northumberland Inshore Fisheries & Conservation Authority ·          Fisheries enforcement

·          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 Relevant Powers or Duties Lead Organisation(s)
Marine and Coastal Access Act 2009 (Sections 155-162) Power for IFCAs to create and enforce Bylaws NIFCA
Marine and Coastal Access Act 2009, as amended by the Fisheries Act 2020 (Schedule 10) Power for the Marine Management Organisation (MMO) to create fisheries Bylaws to conserve marine habitats or species Marine Management Organisation
The Conservation of Habitats and Species Regulations 2017 (Regulation 40)

 

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

Power for the MMO to create of Bylaws on European Marine Sites Marine Management Organisation
Marine and Coastal Access Act 2009 (Section 129)

 

Power for the MMO to create of Bylaws on Marine Conservation Zones (MCZs)

 

 

Marine Management Organisation
National Park and Access to the Countryside Act 1949 (Sections 20 and 106) Power for Natural England to create Bylaws on National Nature Reserves Natural England
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
Marine and Coastal Access Act 2009 (Section 126) Duty on all Public Authorities to consider the effect of proposed activities on MCZs before issuing authorisations All Public Authorities
The Sea Fish (Conservation) Act 1967

 

Sea Fisheries (Shellfish) Act 1967

The Sea Fish Licensing Order 1992

Requirement for a fishing vessel licence Marine Management Organisation

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 Relevant Power or Duty Lead Organisation(s)
The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 Prohibition against fishing with mobile or active gear in the St Abbs Eyemouth Area (“Static Gear Reserve”) 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
The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 28)

 

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

Power for the creation of Bylaws on European Marine Sites Marine Scotland
The Sea Fish (Conservation) Act 1967

Sea Fisheries (Shellfish) Act 1967

The Sea Fish Licensing Order 1992

Requirement for a fishing vessel licence Marine Scotland

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)

Commercial fishing with mobile gear is an infrequent activity on the Northumberland and North Tyneside coast and is largely regulated through national fisheries policy and by local bylaws. These are summarised in the sections below.

A useful note describing different fishing methods has been produced by the Marine Conservation Society.

Trawling and Dredge fishing:

– Northumberland Inshore Fisheries & Conservation Authority (NIFCA) Byelaws 1 prohibits the use of bottom towed fishing gear within the Coquet to St Mary’s, Marine Conservation Zone (MCZ), except using specified gear in accordance with an exemption from the Authority. The Byelaw also prohibits trawling within the NIFCA District other than by using a single trawl. NIFCA may, on application in writing, issue an authorisation for the use of specified gear in some specific areas.

– Northumberland Inshore Fisheries & Conservation Authority (NIFCA) Byelaw 2 set limits on dredge fishing activity. The total number of dredges used by any vessel shall not exceed 10 at any one time, and mouth of dredges will not exceed 75cm.

– Northumberland Inshore Fisheries & Conservation Authority (NIFCA) Byelaw 7 prohibits fishing with mobile gear within the English section of the Berwickshire and North Northumberland Coast SAC. NIFCA may, on application in writing, issue an authorisation for the use of specified gear in some specific areas of the SAC.

The latest version of all NIFCA Bylaws can be downloaded HERE

– Lindisfarne National Nature Reserve byelaws prohibit fishing by mechanical means in the reserve.

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

The MMO has powers to create Bylaws to protect European Marine Sites, Marine Conservation Zones or to regulate sea fisheries to conserve marine habitats or species. These have not been used on the Northumberland coast but could potentially be utilized in future if any issues effecting the condition of marine protected areas were identified.

Netting:

NIFCA Bylaws prohibit the use of Purse Seine Netting

Vessel Fishing Licences and Fishing Quotas:

Fishing vessels registered in the UK must have a licence to fish for sea fish that will be sold. The purpose of the licensing system is to restrict the size of the UK fleet and control UK fishing opportunities to stay within the quotas under the European Union (EU) Common Fisheries Policy. The Marine Management Organisation (MMO) has the power to place restrictive conditions on vessel fishing licences.

The Landing Obligation comes into full force from 1 January 2019 and means that catches of all quota species have to be landed and cannot be discarded at sea, unless exemptions apply.

Details of Current Management (Scotland)

Commercial fishing with mobile gear is largely regulated through national fisheries policy and by local restrictions on fishing with mobile gear. These are summarised in the sections below.

A useful note describing different fishing methods has been produced by the Marine Conservation Society.

Dredge fishing:
– A static gear reserve in exists in part of the Scottish section of Berwickshire and North Northumberland Coast SAC. No dredge fishing is permitted in this reserve. The reserve does not cover all of the SAC and dredging was reported to be taking place in SAC areas outside of the reserve during May 2018. Dredge fishing within the reserve has also been observed and reported to fisheries regulators.

Trawling:
– A static gear reserve in exists in part of the Scottish section of Berwickshire and North Northumberland Coast SAC. No trawling is permitted in this reserve. The reserve does not cover all of the SAC.

There has been ongoing interest in the establishment of a squid fishery within the Scottish section of the Berwickshire and North Northumberland Coast SAC. If formal proposals were put forward in the future, it is they will be regarded as a ‘plan or project’ under the Habitat Regulations and would be subject to a Habitat Regulations Appraisal. NatureScot has provided advice in the past but would require further information before a formal assessment of impact on the SAC could be determined.

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

Vessel Fishing Licences and Fishing Quota:

Fishing vessels registered in the UK must have a licence to fish for sea fish that will be sold. Marine Scotland has the power to place restrictive conditions on vessel fishing licences.

The Landing Obligation comes into full force from 1 January 2019 and means that catches of all quota species have to be landed and cannot be discarded at sea, unless exemptions apply.

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 Knowledge or Management (England)

none identified

Gaps in Knowledge or Management (Scotland)

Some stakeholders have queried whether the boundary of the St Abbs Fixed Gear Reserve is sufficient to protect all SAC reef features from dredge fishing. .