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KEIFCA Byelaws

Area C Byelaws

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Introduction

These byelaws apply to the northern part of the district previously regulated by theEastern Sea Fisheries Joint Committee.

Revocation of existing byelaws

“All byelaws heretofore in force in the Eastern Sea Fisheries District are hereby revoked and the following byelaws are substituted therefore ; provided that nothing in such revocation shall affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any byelaws so revoked.”

Application and saving for scientific purposes

“All byelaws shall apply to the whole area of the Eastern Sea Fisheries District unless otherwise specified except :

(a)    in the cases to which the provision of Section 6 of the Sea Fisheries Regulation Act 1966 apply ; and

(b)    to any person bona fide fishing for seafish for scientific or for stocking or breeding purposes, under the written authority in that behalf of the Joint Committee, signed by their Clerk, or the Minister of Agriculture Fisheries and Food, and in accordance with the conditions contained in that authority.”

 

Fixed engines; authorisation of placing and use

“The placing and use of fixed engines for taking sea fisheries resources is prohibited in any waters inland of the Eastern Sea Fisheries Joint Committee’s district.

For the purposes of this byelaw ‘fixed engine’ means any net or other implement for taking or facilitating the taking of fish secured by anchors, fixed to the soil or made stationary in any other way or any net placed in tidal waters and left unattended.

This byelaw does not prejudicially affect the historic rights of several fishery described in Section 6(a) of the Sea Fisheries Regulation Act 1966..”
 

Inshore trawling restriction

“No person shall in fishing for seafish in that part of the District which lies within three nautical miles from the 1983 baselines use any kind of trawl net provided that this byelaw shall not apply to the use by any person of a trawl net in the following circumstances;

(b)   in connection with a vessel whose overall length does not exceed 15.24 metres in the area between a line drawn True North East from Mundesley Church in the County of Norfolk (Latitude 52o52.50′N Longitude 01o26.15′E) to the northern edge of the causeway (Latitude 51o55.76′N Longitude 01o16.90′E) situated opposite Lower Marine Parade at Dovercourt in the County of Essex to where it intersects the line of mean low water and thence drawn seaward on a bearing 100o True, being the southern extremity of the District.

For the purposes of this byelaw, “the 1983 baselines” means the baselines as they existed at 25 January 1983 in accordance with the Territorial Waters Order in Council 1964 (1965 IIIp.6452A, amended by 1979 IIp.2866).
For the purposes of this byelaw, the overall length of a vessel shall be the overall length as determined by the Registrar General of Shipping and Seamen and shown on the Certificate of Registry of a British Fishing Vessel.

Towed gear restrictions for bivalve molluscs

1.       No person shall in fishing for bivalve molluscs in the Committee’s District use any kind of towed fishing gear.

  1. This byelaw shall not apply to any person:

(a)   using a vessel, the overall length of which does not exceed 14 metres in the areas defined under paragraphs 3a, 3b & 3c below or,

(b)   using a vessel that has been issued with a derogation by the Committee.

The Committee shall issue a derogation to a vessel for one or more of the areas defined under paragraphs 3a, 3b & 3c below, where evidence can be provided by the owners of having fished in these areas prior to 1st January 2008.  Applications for derogations can be made to the Joint Committee in writing and must be received no later than 6 months after the date of confirmation of this byelaw.  Supporting evidence must be provided at the time of application.

Any vessel issued a derogation under paragraph 2(c) above may continue to fish until such time as the vessel changes ownership or ceases to fish.

3             The areas to which the byelaw applies are as follows:

b)    between a line drawn True North East from Mundesley Church in the County of Norfolk (Latitude 520 52’.50N Longitude 0010 26’.15E) to the northern edge of the causeway (Latitude 510 55’.76N Longitude 0010 16’.90E) situated opposite Lower Marine Parade at Dovercourt in the County of Essex to where it intersects the line of mean low water and thence drawn seaward on a bearing 1000 True, being the southern extremity of the District.

For the purpose of this byelaw:

(a) “the 1983 baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 (1965 IIIp.6452A, amended by 1979Iip.2866)

(b) ownership of the vessel will be determined by the records of ownership maintained by the Registry of Shipping and Seaman and shown on the Certificate of Registry of a British Fishing Vessel.

(c) the overall length of the vessel shall be the overall length as determined by the Registry of Shipping and Seaman and shown on the Certificate of Registry of a British Fishing Vessel.

(d) the boundaries of the Wash Fishery Order 1992 are those parts of the Wash in the Counties of Norfolk and Lincolnshire which lies below the line of mean high water and are shown coloured pink on the definitive map of the Order.

5.       This byelaw does not prejudicially affect the historic rights of several fishery described in Section 6(a) of the Sea Fisheries Regulation Act 1966.

 

Molluscan shellfish methods of fishing

“No person shall fish for oysters, mussels, cockles, clams, scallops or queens except :

(a)    by hand ; or

(b)    with a hand rake ; or

(d)   With an instrument or fishing gear under the authority of a certificate of approval issued by the Committee signed by their Clerk for the instrument or fishing gear.

A certificate of approval shall be available to all applicants who fulfil the conditions of this byelaw.

A certificate of approval will not be granted if the instrument or fishing gear results in more than 10% by weight of the target species being smashed.

A certificate of approval will not be granted if the Committee has been advised by scientists who appear to them to be suitably qualified that the use of the instrument or fishing gear would result in unacceptable damage to associated flora and fauna in the benthic community.

The certificate of approval will be valid until 31 December following.

Approval will take account of the performance and assessment during inspection of the instrument or fishing gear whilst in operation, or that of a similar design, during the preceding 12 months.  New instruments or fishing gear may be gven a provisional certificate of approval for a period of one month in order to permit assessment.

 

Mussels (Mytilus edulis) minimum sizes

“No person shall remove from any fishery, or from one part of a fishery to another part thereof, any mussel (Mytilus edulis) less than 50 mm in length but shall return such shellfish to the sea immediately

Prohibition on use of the edible crab (Cancer pagurus) for bait

“No person shall use any edible crab (Cancer pagurus) for bait. Section 17 (2) of the Sea Fisheries (Shellfish) Act 1967, which affords a defence to a person charged with an offence under Section 17 (1) of that Act, shall not apply within the District.”

Berried (egg-bearing) or soft shelled crab (Cancer pagurus) or lobster (Homarus gammarus)

“No person shall remove from any fishery any edible crab (Cancer pagurus)or lobster (Homarus gammarus) which is soft-shelled or berried (egg-bearing) but shall return such shellfish to the sea immediately.”

Parts of shellfish

“No person shall remove from any fishery any edible crab (Cancer pagurus) or part thereof, or velvet crab (Necora puber) or part thereof, or lobster (Homarus gammarus) or part therof, which cannot be measured to ensure compliance with the Undersized Crabs Order 1986, the Undersized Velvet Crabs Order 1989, or the Undersized Lobsters Order 1993 or any Statutory Instrument whereby the same may be superseded but shall return such shellfish to the sea immediately.

Temporary closure of shellfish fisheries

(a)   “The Committee may, for the purpose of protection of the fishery, fishery management and controlling the level of exploitation, and after consultation with persons or bodies appearing to them to represent local fisheries interests, close for a specifiable period any shellfish fishery, or part thereof, provided the Committee has been advised by fishery scientists who appear to them to be suitably qualified, as to the need for such action.

(b)    No person shall, without the consent of the Committee, under the written authority in that behalf signed by their Clerk, remove, take or disturb any shellfish from any fishery, or part thereof, which, in the opinion of the Committee is severely depleted, contains mainly immature or transplanted shellfish, or which is closed to fishing for management of the fishery purposes, so that it ought not to be disturbed for the time being.

(c)    Where the Committee is of such opinion and it is practicable to do so, the Committee shall cause notices to be displayed in the vicinity of the shellfish fishery, or part thereof clearly defining the area in which shellfish shall not be removed or disturbed without the consent of the Committee, and where the display of such notices is not practicable, notice shall be given by publishing the same in a newspaper circulating in the district in which the shellfish fishery is situated.”

 

Re-depositing of shellfish

“Any person who takes any shellfish, the removal of which from a fishery is prohibited by any of the byelaws, or the possesion or sale of which is prohibited by, or in pursuance of, any Act of Parliament or Statutory Instrument, shall return such shellfish to the sea immediately, as nearly as possible in the place from which they were taken, or in the case of molluscan shellfish if this is physically not possible as directed by the Committee in any other designated area. In re-depositing such molluscan shellfish in accordance with the byelaws they shall spread thinly and evenly upon the beds the riddlings, sortings and siftings arising from the use of a riddle or other like instrument.”

 

Whitefooted edible crab (Cancer pagarus)

“Between the 1st day of November and the 30th day of June following (both days inclusive) no person shall remove from a fishery any edible crab (Cancer pagurus) of the kind known as ‘whitefooted’ crab.

Development of shellfish fisheries

“No person shall use any vessel in fishing for shellfish unless, if the Committee so require, the skipper, owner or charterer has undertaken to provide and does provide to the Committee for the purpose of development of the fisheries, a record for any specified daily period of actual catch taken, area fished, fishing effort (time and method) and any other information required by the Committee to effectively manage and develop the potential of the fisheries.

Prohibition on the removal of tope or part(s) thereof

“No person shall remove from a fishery any tope of the species (Galeorhinus galeus) or part(s) thereof which is detached from the body.

Any tope, if caught, shall be returned immediately to the sea in a position as near to that part of the sea from which it was taken.