Description

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

Key locations

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

Frequency

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

Legal Responsibilities or Duties (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:

Legal Power, Duty or Regulatory Tool Relevant Legislation Lead Organisation
IFCA Bylaw making powers Marine and Coastal Access Act 2009 (Sections 155-162) Northumberland IFCA
Power for the creation of Bylaws on European Marine Sites The Conservation of Habitats and Species Regulations 2017 (Regulation 32) Marine Management Organisation
Powers for creation of Bylaws on MCZs Marine and Coastal Access Act 2009 (Section 129) Marine Management Organisation
Habitats Regulations Assessment (HRA) of impacts

 

The Conservation of Habitats and Species Regulations 2017 (Regulation 63) All Competent or Responsible Authorities as defined by the Regulation.

Details of Current Management (England)

EU Common Fisheries Policy:

The EU Common Fisheries Policy sets minimum landing sizes for edible crab (Cancer pagarus), lobster (Homarus gammarus), Nephrops and Velvet Crab (Necora puba).

Bylaws:

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 and Marine Conservation Zones. 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).

 

Gaps in Management (England)

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

Legal Responsibilities or Duties (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:

Legal Power, Duty or Regulatory Tool Relevant Legislation Lead Organisation
Landing controls on crustaceans The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 Marine Scotland
Restrictions on taking of shellfish by unlicensed fishing boats The Shellfish (Restrictions on Taking by Unlicensed Fishing Boats) (Scotland) Order 2017 Marine Scotland
Power for the creation of Bylaws on European Marine Sites The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 28) Marine Scotland
Requirement for Habitats Regulations Appraisal (HRA)

 

The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 48) All Competent or Responsible Authorities as defined by the Regulation.
Biodiversity Duty on Public Bodies Nature Conservation (Scotland) Act (2004)

(Part 1)

Duty on all public bodies

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 (Scotland)

EU Common Fisheries Policy:

The EU Common Fisheries Policy sets minimum landing sizes for edible crab (Cancer pagarus), lobster (Homarus gammarus), Nephrops and Velvet Crab (Necora puba).

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 (Scotland)

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