Fishing (recreational or commercial) with pots, creels or traps
Potentially anywhere in the permanent sub-tidal areas of the coast
Throughout the year with decreasing activity in the winter
Organisation | Description of power or responsibility |
Marine Directorate (Scottish Government) |
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Marine Management Organisation
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Northumberland Inshore Fisheries & Conservation Authority
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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
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Landing controls on crab and lobster including restrictions on landing berried and mutilated animals | Northumberland IFCA |
The Fisheries Act 2020 (Section 36)
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Powers for the Secretary of State to make provisions about fisheries for conservation or fish industry purposes | UK Government |
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 Directorate |
The Shellfish (Restrictions on Taking by Unlicensed Fishing Boats) (Scotland) Order 2017 | Restrictions on taking of shellfish by unlicensed fishing boats | Marine Directorate |
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 Directorate |
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 Fisheries Act 2020 (Section 42)
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Powers for Scottish Ministers to make provisions about fisheries for conservation or fish industry purposes | Scottish Government |
Name | Description | Responsible Organisation | Statutory or Non-Statutory? |
Scotland’s National Marine Plan
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The plan covers the management of both Scottish inshore waters (out to 12 nautical miles) and offshore
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The Scottish Government | Statutory
[Marine (Scotland) Act 2010] |
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).
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
On the 12 May 2024 the Scottish Government introduced licence conditions, using powers under the Fisheries Act 2020, which prohibit any UK commercial fishing vessel fishing in Scottish waters from:
1) retaining onboard, landing, offering for sale or consigning a berried (egg bearing) lobster
(Homarus gammarus);
2) retaining onboard, landing, offering for sale or consigning a berried (egg bearing) brown crab
(Cancer pagurus); and,
3) deploying creels, pots or traps within any part of Scottish inshore waters (0-6 nautical miles), if
the vessel is greater than 12 metres overall length and caught over 200 tonnes of brown crab
and/or lobster during any 12 month period(s) from 2020 onwards
Bylaws:
The Marine Directorate 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.
No upper limit for permits for the Northumberland creel/pot fishery has been established.
There is no upper limit on the numbers of crustaceans that can be caught by licenced vessels.