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KEIFCA District Byelaws

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Introduction

The following byelaws have been made or reviewed since 2011 and apply across the entire Kent and Essex IFCA District

COCKLE FISHERY FLEXIBLE PERMIT BYELAW

INTERPRETATION

  1. In this byelaw-

(a)          “the Authority” means the Kent and Essex Inshore Fisheries and Conservation Authority as defined in Articles 2 and 4 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2190);

(b)          “the District” means the Kent and Essex Inshore Fisheries and Conservation Authority District as defined in Articles 2 and 3 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2190);

(c)           “category one permit” means a permit as described in paragraph 9;

(d)          “category two permit” means a permit as described in paragraph 10;

(e)          “cockle harvesting equipment” means any dredge or instrument used for the purpose of harvesting, riddling, sorting or grading cockles but does not include a hand rake;

(f)           “harvest” in relation to cockles means the taking of cockles by any means including dredging and hand raking;

(g)          “harvesting trip” means a fishing operation for cockles from start to finish which includes taking and landing cockles;

(h)          “relevant fishing vessel” means a fishing boat registered in accordance with Part II of the Merchant Shipping Act 1995 and the regulations made under that Act and in respect of which a fishing licence issued by an appropriate national authority is held.

 

PROHIBITIONS

  1. No person shall harvest or disturb cockles other than in accordance with a category one permit or a category two permit.
  1. No person shall harvest cockles using a relevant fishing vessel which:

(a)          exceeds 14 metres in overall length; or

(b)          exceeds 5 metres in overall width.

  1. No person shall carry cockles on board a relevant fishing vessel within the District unless:

(a)          they are carried in accordance with a category one permit or category two permit; or

(b)          they are carried in accordance with a licence issued under the Thames Estuary Cockle Fishery Order 1994; or

(c)           details of the fishing operation have been provided to the Authority including place of fishing and time and place of landing 2 hours prior to the commencement of those activities

  1. Any cockles on board or landed from a relevant fishing vessel which:

(a)          is authorised to be used to harvest cockles within the area of the permitted cockle fishery under a category one permit or a category two permit; and

(b)          during the same harvesting trip has been used for harvesting cockles within the permitted cockle fishery area

shall be deemed to have been taken from the permitted cockle fishery.

 

EXEMPTIONS

  1. This byelaw does not apply to a person performing an act which would otherwise constitute an offence against this byelaw, if that act was carried out in accordance with a written permission issued by the Authority permitting that act for scientific, stocking, breeding or fisheries management purposes.
  2. This byelaw does not apply to the area of the regulated fishery as defined in article 1(2) of the Thames Estuary Cockle Fishery Order 1994 (SI 1994 No. 2190).
  3. The provisions of this byelaw are without prejudice to any right of Several Fishery, Act of Parliament, Royal Charter or other rights that exist within the District as referred to in Section 6 of the Sea Fisheries Regulation Act 1966.

 

PERMITS

Permit Categories

  1. The Authority may authorise the harvesting of cockles by issuing a category one permit. A category one permit:

(a)          permits the “maximum permitted catch” of cockles to be as specified in paragraph 22;

(b)          is issued to a named person (“the permit holder”);

(c)           is issued in relation to a named relevant fishing vessel (“the named vessel”);

(d)          may only undertake the number of harvesting trips within the specified times as notified to the permit holder by the Authority and

(e)          is subject to the permit conditions in paragraphs 19 to 28 and any flexible permit conditions attached in accordance with paragraphs 29 to 32.

10. The Authority may authorise the harvesting of cockles by issuing a category two permit. A category two permit:

(a)          permits the “maximum permitted catch” of cockles to be as specified in paragraph 23;

(b)          is issued to a named person (“the permit holder”);

(c)           is issued in relation to a named relevant fishing vessel (“the named vessel”);

(d)          may only undertake the number of harvesting trips within the specified times as notified to the permit holder by the Authority. This number of trips will be twice that of a category one permit to result in a weekly catch limit half of that of a category one permit; and

(e)          is subject to the permit conditions in paragraphs 19 to 28 and any flexible permit conditions attached in accordance with paragraphs 29 to 32.

Applying for a Permit

11. A person may not apply for a category one permit or a category two permit if they:

(a)          Already hold either a category one permit or a category two permit for the same year; or

(b)          Are already named on a category one permit or a category two permit as a representative of the permit holder for the same year.

12. No more than one permit will be issued per relevant fishing vessel.

13. An application for a category one permit or a category two permit must be made using the forms available from the Authority’s office or its website and received by the Authority no later than the 31st March of the year in which the permit is to apply.

14. A person applying for a category one permit or a category two permit may nominate up to two persons as their representatives (“nominated representatives”), provided that a person nominated is not:

(a)          A category one permit holder;

(b)          A category two permit holder; or

(c)           Already nominated as a representative on a category one permit or a category two permit.

  1. The following fees will be charged for each permit which is payable prior to issue:

Year       Category one permit fee (£)       Category two permit fee (£)

2015                         550                                                 275

2016                         633                                                 316

2017                          727                                                 364

2018                          836                                                418

2019                          962                                                481

2020                          1106                                              553

2021                           1272                                             636

2022                           1272                                            636

and thereafter

16. If the permitted cockle fishery is, following a meeting of the Authority, not opened in any year, then the fees paid for permits for that year shall be refunded. If the fishery is opened, no fees shall be refunded.

17. A category one permit or a category two permit is:

(a)          not transferable between the permit holder and another person or between the named vessel and another vessel; and

(b)          is valid from the date of issue until the 31st December of that year.

18. A category one or category two permit will only be issued following the completion of a full Habitats Regulations Assessment with impact information provided, where necessary, by the Applicant for the gear type stated on the permit application form.

 

PERMIT CONDITIONS

19. A category one or category two permit may only be used by the permit holder or a nominated representative using the named vessel, and no other person may harvest cockles using the named vessel without the prior agreement of the Authority.

Notifications

20.  (1)          The permit holder or nominated representative must notify the Authority of the estimated time of the commencement of cockle harvesting, at least 2 hours prior to such commencement.

(2)          The permit holder or nominated representative must notify the Authority of the estimated time of the commencement of landing, at least 2 hours prior to such commencement.

(3)          Notification must be given either directly to an appointed officer of the Authority or by leaving a message on an appointed telephone line.

Minimum Size

21. Cockles which are smaller than the cockle minimum size of 16mm must not be carried on board the named vessel or landed but must be returned immediately to the sea. The cockle minimum size may, if the criteria outlined in the Permitted Cockle Fishery Management Plan are met, be reduced to 14 millimetres.

Quantities

22. Under a category one permit, the “maximum permitted catch” of cockles is 13.6 cubic metres but, if the criteria outlined in the Permitted Cockle Fishery Management Plan are met, may be reduced to a “maximum permitted catch” of 6.8 cubic metres;

23. Under a category two permit, the “maximum permitted catch” of cockles is 3.4 cubic metres but, if the criteria outlined in the Permitted Cockle Fishery Management Plan are met, may be reduced to a “maximum permitted catch” of 1.7 cubic metres;

24. Any cockles harvested in excess of a maximum permitted catch of cockles must be returned immediately to the sea.

25. When assessing the quantity of cockles taken, no allowance shall be made in respect of any shell, sand, other species or debris mixed with the catch.

26. No cockles may be carried on board the named vessel at the time of commencement of a harvesting trip.

Damage Rate

27.   (1)          Cockle harvesting equipment must not be used unless a provisional certificate of approval or a full certificate of approval has been issued by the Authority in accordance with sub-paragraphs (2) to (5).

(2)          The Authority will issue the permit holder with a provisional certificate of approval for cockle harvesting equipment at the same time as the category one permit or the category two permit is issued.

(3)          A provisional certificate of approval is valid from the date of issue for a period of no longer than one month.

(4)          A full certificate will be issued to the permit holder by the Authority if, upon inspection by an officer of the Authority of the cockle harvesting equipment operating at its normal speed over the ground, no more than 10% of the total weight of a representative sample of retained and rejected cockles from the cockle harvesting equipment have visible cracks, chips or other damage to their shells.

(5)          A full certificate of approval is valid from the date of issue until the 31st December of that year, provided that during any subsequent inspections the cockle harvesting equipment continues to meet the criteria specified in sub-paragraph (4) above.

Catch Returns

28. The permit holder must submit to the Authority no later than the following Tuesday of each week a completed weekly form provided by the Authority containing such information in regard to catches and fishing effort for the previous week as the Authority may require, which will include accurate information regarding the quantities of cockles taken, the area fished and the amount of time spent fishing.

 

FLEXIBLE PERMIT CONDITIONS

29. The Authority may attach, remove or vary flexible permit conditions which fall within one or more of the following categories:

(a)          Gear restrictions;

(b)          Spatial restrictions;

(c)           Time and effort restrictions;

(d)          Vessel Monitoring Systems

(e)          Biosecurity

30. The Authority may attach, remove or vary a flexible permit condition following a review conducted in accordance with the review procedure set out in paragraphs 33 and 34.

31. The flexible permit conditions that apply until the first review pursuant to paragraphs 33 and 34 are those set by the Authority taking into account the Impact Assessment that accompanies this byelaw and all other material considerations.

32. Contravention of a flexible permit condition constitutes a contravention of this byelaw.

 

REVIEW PROCEDURE

33. The Authority shall review flexible permit conditions not less than once every three years as follows:

(a)          the Authority shall consult in writing with permit holders and such other stakeholders, organisations and persons as appear to the Authority to be representative of the interests likely to be substantially affected by the proposed future management options;

(b)          the Authority will make a decision whether to attach, remove or vary a flexible permit conditions based upon that consultation and the information listed in paragraph 35;

(c)           following a decision being made by the Authority, permit holders will be notified in writing and permits will be amended as necessary at no cost to the permit holder.

34. The information for the purposes of paragraph 33(b) includes any one or more of the following:

(a)          Data collected from permit holders;

(b)          Scientific and survey data gathered by the Authority or provided to the Authority by such other bodies, organisations, or persons as the Authority shall think fit;

(c)           Scientific advice provided by CEFAS or such other bodies, organisations, or persons as the Authority shall think fit;

(d)          An Impact Assessment of any proposed changes;

(e)          Advice given by Natural England or such other bodies, organisations, or persons as the Authority shall think fit;

(f)           Material information from any other relevant source.

 

REVOCATION

35. The byelaws with the following titles made by the Kent and Essex Sea Fisheries Committee in exercise of its power under sections 5 and 5a of the Sea Fisheries Regulation Act 1966 and in force immediately before the making of this byelaw are hereby revoked:

(a)          ‘Cockle Permit Byelaw’;

(b)          ‘Cockle Fishery – Limitation on quantities of cockles that may be removed’;

(c)           ‘Cockle Fishery – Closure of beds’;

(d)          ‘Cockle Fishery – Construction of fishing gear and removal of small cockles’;

(e)          ‘Cockle Fishery – Approval of fishing instrument’:

(f)           ‘Cockle Fishery – Size of vessel and dredge’.

36. The byelaws with the following titles made by the Eastern Sea Fisheries Committee on the stated dates, and having effect in relation to the extended area from the 1st April 2011 as byelaws made the Authority, in accordance with Article 6 of the Marine and Coastal Access Act 2009 (Transitional and Saving Provisions) Order 2011 (SI 2011/603), are hereby revoked insofar as they apply to the extended area:

(a)          ‘Molluscan shellfish methods of fishing’ made on the 10th April 1997;

(b)          ‘Temporary closure of shellfish fisheries’ made on the 10th April 1997

(c)           ‘Towed gear restrictions for bivalve molluscs’ made on the 28th May 2008.

 

I hereby certify that the above byelaw was made by the Kent and Essex Inshore Fisheries and Conservation Authority at their meeting on the 29th September 2014

 

Peter Sass

Clerk

Kent and Essex Inshore Fisheries and Conservation Authority.

Paragon House, Albert Street, Ramsgate, Kent, CT11 9HD

The Secretary of State for Environment, Food and Rural Affairs in exercise of the power conferred by section 155(4) of the Marine and Coastal Access Act 2009 confirms the Cockle Fishery Flexible Permit Byelaw made by the Kent and Essex Inshore Fisheries and Conservation Authority on 29th September 2014.

The said Byelaw shall come into force on 10 February 2015.

A Senior Civil Servant for, and on behalf of, the Secretary of State for Environment, Food and Rural Affairs

For a full copy of the byelaw with explanatory notes please click here

WHELK FISHERY PERMIT BYELAW

The Authority for the Kent and Essex Inshore Fisheries and Conservation District in exercise of its powers under sections 155 and 156 of the Marine and Coastal Access Act 2009 hereby makes the following byelaw for that District.

Interpretation

  1. In this byelaw-
  2. ‘KEIFCA’ means the Kent and Essex Inshore Fisheries and Conservation Authority as defined in Articles 2 and 4 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2190);
  3. ‘District’ means the Kent and Essex Inshore Fisheries and Conservation Authority District as defined in Articles 2 and 3 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2190);
  4. ‘whelk permit’ means a Category One Permit or a Category Two Permit;
  5. ‘setting’ a whelk pot includes operating and hauling a whelk pot;
  6. ‘Category One Permit’ means the permit described in paragraphs 4 to 9;
  7. ‘Category Two Permit’ means the permit described in paragraphs 10 to 14;
  8. ‘Technical Permit Requirements’ has the meaning given to it in paragraph 28;
  9. ‘nominated representative’ means a person nominated by the permit holder and whose name appears on the permit;
  10. ‘whelk pot’ means a pot or trap set for the purpose of catching whelks; and
  11. ‘riddle’ is a fixed or moving flat or cylindrical apparatus constructed of parallel bars which can effectively separate and reject whelks that pass between the bars.

 

Permits – General Provisions

  1. No person shall set a whelk pot unless they have been granted a whelk permit by KEIFCA and set their whelk pots in compliance with this byelaw. Contravention of a Technical Permit Requirement constitutes contravention of this byelaw.
  2. Application for a permit to set or operate pots under this byelaw should be made using printed forms available from KEIFCA. This form will require applicant and vessel details. The applicant may nominate up to 2 persons as their representative whose details must also be entered on the application form.

 

Category One Permit details

4. The maximum number of whelk pots that may be set by a permit holder with a Category One Permit is the number set in a Category One Permit.

  1. A Category One Permit may only be used by the permit holder, or a nominated representative named on the permit, to set or operate whelk pots complying with this byelaw from the vessel named on the permit.
  1. No more than one permit will be issued per vessel.
  1. A fee will be charged for each permit which will be payable prior to issue. The fee for issue of a permit is £100 plus 30 pence for each tag issued.
  1. The vessel named on the permit must be registered in accordance with Part II of the Merchant Shipping Act 1995, and the regulations made under that Act. The vessel must also hold a current fishing licence valid for catching whelks within the District issued by the appropriate UK fisheries department at the time the application is made.
  1. The maximum number of tags that will be issued to a Category One Permit holder is set out in a Category One Permit.

 

Category Two Permit details

  1. The maximum number of whelk pots that may be set by a permit holder with a Category Two Permit is the number set in a Category Two Permit.
  1. A Category Two Permit may only be used by the permit holder, or a nominated representative named on the permit, to set whelk pots complying with this byelaw from the vessel named on the permit.
  1. No more than one permit will be issued per vessel.
  1. A fee will be charged for each permit which will be payable prior to issue. The fee for issue of a permit is £30 plus 30 pence for each tag issued.
  1. The maximum number of tags that will be issued to a Category Two Permit holder is set out in a Category Two Permit.

 

Permit Conditions

  1. Each permit holder may set no more than the maximum number of whelk pots for the whelk permit held by that person. No person shall set a whelk pot within the District that does not have a tag issued by KEIFCA to that person, or approved by KEIFCA, attached to it in a clearly visible position.
  1. No person shall set a whelk pot that is fitted with a tag that has previously been notified as lost.
  1. No person, other than a nominated representative, shall haul any other person’s whelk pots without firstly obtaining the agreement of KEIFCA.
  1. The whelk permit and tags shall not be transferable and must be surrendered to KEIFCA immediately if no longer required by the person it was issued to.
  1. All tags will be reissued every year in changing colours. The reissue or replacement of tags will be at a cost of 30 pence per tag.
  1. If a permit holder loses some of their pots and tags they may submit a written claim for replacement within 21 days of the loss. This claim should include the time, date and position of the loss together with the numbers of the lost tags. The cost of replacement tags will be paid by the applicant. Claims for replacement of less than 10% of tags will be considered by the Chief Officer. Claims for more than 10% of tags will be considered by an Authority Panel made up of Chairman, Vice Chairman and Chief Officer. Appeal may be made to the full Authority if an applicant feels that their claim has not been properly dealt with.
  1. All whelks within a catch must be graded for size. As part of this procedure all whelks must be passed over or through a riddle constructed of parallel bars with a minimum spacing between bars which a gauge, the size of which is set in a whelk permit, will pass through.
  1. Following the procedure set out in paragraph 21 all whelks that have passed between the bars of the riddle must be returned immediately to the sea. Final inspection of catch should then be undertaken to ensure that any remaining whelks below the current statutory minimum size are also returned immediately to the sea.
  1. All whelk pots must include the number of escape holes set in a whelk permit that are positioned at least 150mm from the base of the pot or no more than 50mm from the top of the pot. These escape holes must be of a size that a bar, the diameter of which is set in a whelk permit, will pass freely through the hole. Escape holes must not be obstructed by any means.

 

Catch Log Book

  1. The holder of a whelk permit shall submit to KEIFCA, no later than the 5th day of the month following, such information in regard to catches and fishing effort for the previous month as KEIFCA may require. This information shall be entered onto a form provided by KEIFCA and will include accurate information regarding the weight of whelks and other species taken by the holder of the permit’s whelk pots from the District during the preceding calendar month, together with the number of pots used and area fished.

 

Marking of Pots

  1. Each string or shank of pots must be marked by a floating buoy or dahn, of at least 30cm diameter, at each end. Each of these buoys shall be clearly marked with the whelk permit number, under which authorisation the pots are set and in the case of a fishing vessel, registered in accordance with Part II of the Merchant Shipping Act 1995 and the regulations made under that Act, the PLN number of the vessel named on the permit.

 

Review of the Technical Permit Requirements of this Byelaw

  1. The KEIFA will consider whether it is necessary to review the Technical Permit Requirements no less than every 3 years.
  1. The Technical Permit Requirements may be revised in accordance with the procedure set out in paragraph 29 taking account of the information referred to in paragraph 30.
  1. The Technical Permit Requirements are-

 

(a)          The maximum number of whelk pots that may be set by the holder of a Category One Permit referred to in paragraph 4;

(b)          The maximum number of tags to be issued to the holder of a Category One Permit referred to in paragraph 9;

(c)           The maximum number of whelk pots that may be set by the holder of a Category Two Permit referred to in paragraph 10;

(d)          The maximum number of tags to be issued to the holder of   a Category Two Permit referred to in paragraph 14;

(e)          The size of the gauge referred to in paragraph 21;

(f)           The number of escape holes referred to in paragraph 23; and

(g)          The diameter of the bar referred to in paragraph 23.

 

  1. The review of Technical Permit Requirements will be undertaken as follows:

 

(a)          A consultation meeting will be held with permit holders to present available data and discuss options.

(b)          Information listed in paragraph 30 and the outcome of the consultation meeting will be reported to KEIFCA who will make a decision regarding whether changes will be made to the Technical Permit Requirements and if so what they will be.

(c)           Following a decision being made by KEIFCA, permit holders will be notified in writing and permits will be re-issued to include amended Technical Permit Requirements.

 

  1. This review will consider the appropriateness of the Technical Permit Requirements and will make changes if required after taking account of the following:

 

  1. Data collected via byelaw log book returns;
  2. Scientific and survey data relating to whelk populations within the district;
  3. Scientific advice provided by Cefas or other persons approved by KEIFCA;
  4. The outcome of a meeting, and consultation with permit holders that has considered available information and future management options;
  5. An Impact Assessment of any proposed changes;
  6. An Appropriate Assessment (where relevant and available);
  7. Advice given by Natural England; and
  8. Information from any other relevant source

 

  1. The Technical Permit Requirements that apply to whelk permits until they are reviewed pursuant to paragraphs 26 to 30 are those set by the KEIFCA taking into account the Impact Assessment that accompanies this byelaw.

 

 

I hereby certify that the above byelaw was made by KEIFCA at their meeting on the 18th day of January 2013.

 

Peter Sass

Clerk to the Kent and Essex Inshore Fisheries and Conservation Authority

 

Paragon House

Albert Street

Ramsgate

Kent.

CT11 9HD

 

The Secretary of State for Environment, Food and Rural Affairs in exercise

of the power conferred by section 155(4) of the Marine and Coastal Access Act 2009 confirms the Whelk Fishery Permit Byelaw made by Kent and Essex Inshore Fisheries and Conservation Authority on 18 January 2013

 

GAVIN ROSS

HEAD OF SUSTAINABLE FISHERIES SECTION

A Senior Civil Servant for, and on behalf of, the Secretary of State for Environment, Food and Rural Affairs

Date:

Whelk Fishery Permit Byelaw - Technical Permit Requirements wef 3 April 2017

 

On 23 January 2017, at a meeting of the Kent & Essex Inshore Fisheries and Conservation Authority, Members reviewed the Technical Permit Requirements of the byelaw and voted to amend the Technical Permit Requirements pursuant to paragraphs 26 to 30 of this byelaw.

With effect 3 April 2017 the maximum number of whelk pots that may be set by a permit holder with a Category One Permit is 300. The maximum number of tags that will be issued to a Category One Permit holder is 300. The maximum number of whelk pots that may be set by a permit holder with a Category Two Permit is 10. The maximum number of tags that will be issued to a Category Two Permit holder is 10. The size of the gauge referred to in paragraph 21 is 25mm. The number of escape holes referred to in paragraph 23 is 10. The diameter of the bar referred to in paragraph 23 is 25mm.

 

BOTTOM TOWED FISHING GEAR (PROHIBITED AREAS) BYELAW

The Authority for the Kent and Essex Inshore Fisheries and Conservation District, in exercise of the powers conferred by sections 155 and 156 of the Marine and Coastal Access Act 2009 hereby makes the following byelaw for that District.

 

Definitions

  • In this byelaw:
  1. “the Authority” means the Kent and Essex Inshore Fisheries and Conservation Authority as defined in Articles 2 and 4 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2190);
  2. “bottom towed fishing gear” means any beam trawl, otter trawl, multi-rig trawl, pair trawl, anchor seine, Scottish seine, dredge or other similar fishing instrument designed to take sea fisheries resources from the sea bed;
  3. “the District” means the Kent and Essex Inshore Fisheries and Conservation District as defined in Articles 2 and 3 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No. 2190);
  4. “the prohibited areas” means “Prohibited Area 1 – Thanet Coast SAC”, “Prohibited Area 2 – Essex Estuaries SAC” and “Prohibited Area 3 – Folkestone Pomerania MCZ” as defined in the Schedule.

 

Prohibition

  • A person must not use bottom towed fishing gear within the prohibited areas.

 

Scientific Exemption

  • This byelaw shall not apply to a person performing an act which would otherwise constitute an offence against this byelaw, if that act was carried out in accordance with a written permission issued by the Authority permitting that act for scientific, stocking or breeding purposes.
  • Revocation
  • The byelaw with the title ‘Bottom Towed Fishing Gear Byelaw’ made by the Authority on the 13th December 2013 is revoked.

I hereby certify that the above byelaw was made by the Authority at their meeting on the 6th day of March 2015

Peter Sass

Clerk to the Kent and Essex Inshore Fisheries and Conservation Authority

Paragon House

Albert Street

Ramsgate

Kent.

CT11 9HD 

 

The Secretary of State for Environment, Food and Rural Affairs in exercise of the power conferred by section 155(4) of the Marine and Coastal Access Act 2009 confirms the Bottom Towed Fishing Gear (Prohibited Areas) Byelaw made by Kent and Essex Inshore Fisheries and Conservation Authority on TO ADD

 

Date:   23 July 2015

  • A Senior Civil Servant for, and on behalf of, the Secretary of State for Environment, Food and Rural Affairs

 

SCHEDULE

Definition of “Prohibited Areas”

Co-ordinates used in this Byelaw are based on WGS 84 datum, where ‘WGS 84’ means the World Geodetic System, revised in 1984 and further revised in 2004.

Prohibited Area 1 – Thanet Coast SAC” means the area enclosed by a series of straight lines drawn sequentially from:

Point 1 (51 degrees 22.646 minutes North, 001 degrees 15.598 minutes East) to

Point 2 (51 degrees 23.250 minutes North, 001 degrees 15.545 minutes East) to

Point 3 (51 degrees 23.420 minutes North, 001 degrees 19.482 minutes East) to

Point 4 (51 degrees 23.802 minutes North, 001 degrees 19.651 minutes East) to

Point 5 (51 degrees 24.113 minutes North, 001 degrees 21.248 minutes East) to

Point 6 (51 degrees 24.258 minutes North, 001 degrees 25.645 minutes East) to

Point 7 (51 degrees 23.995 minutes North, 001 degrees 26.836 minutes East) to

Point 8 (51 degrees 22.968 minutes North, 001 degrees 27.729 minutes East) to

Point 9 (51 degrees 21.128 minutes North, 001 degrees 27.748 minutes East) to

Point 10 (51 degrees 19.400 minutes North, 001 degrees 26.322 minutes East) to

Point 11 (51 degrees 19.444 minutes North, 001 degrees 22.656 minutes East) to

Point 12 (51 degrees 19.780 minutes North, 001 degrees 22.655 minutes East) and then by a line drawn along the coast at the level of mean high water spring tide back to Point 1

 

Prohibited Area 2 – Essex Estuaries SAC” means the area enclosed by a series of straight lines drawn sequentially from:

Point 1 (51 degrees 37.248 minutes North, 000 degrees 56.692 minutes East) to

Point 2 (51 degrees 37.376 minutes North, 000 degrees 56.724 minutes East) to

Point 3 (51 degrees 37.400 minutes North, 000 degrees 58.065 minutes East) to

Point 4 (51 degrees 36.312 minutes North, 000 degrees 57.038 minutes East) to

Point 5 (51 degrees 34.916 minutes North, 000 degrees 55.137 minutes East) to

Point 6 (51 degrees 34.487 minutes North, 000 degrees 54.403 minutes East) to

Point 7 (51 degrees 33.811 minutes North, 000 degrees 52.788 minutes East) to

Point 8 (51 degrees 33.506 minutes North, 000 degrees 52.250 minutes East) to

Point 9 (51 degrees 32.503 minutes North, 000 degrees 50.138 minutes East) to

Point 10 (51 degrees 32.169 minutes North, 000 degrees 49.143 minutes East) to

Point 11 (51 degrees 31.635 minutes North, 000 degrees 48.020 minutes East) to

Point 12 (51 degrees 31.716 minutes North, 000 degrees 47.917 minutes East) ) and then by a line drawn along the coast at the level of mean high water spring tide back to Point 1

 

Prohibited Area 3 – Folkestone Pomerania MCZ” means the area enclosed by a series of straight lines drawn sequentially from:

Point 1 (51 degrees 03.337 minutes North, 001 degrees 18.030 minutes East) to

Point 2 (51 degrees 01.110 minutes North, 001 degrees 20.498 minutes East) to

Point 3 (50 degrees 59.328 minutes North, 001 degrees 15.288 minutes East) to

Point 4 (51 degrees 01.624 minutes North, 001 degrees 13.093 minutes East) and then by a straight line back to Point 1

EXPLANATORY NOTE

(This note is not part of the byelaw)

This Byelaw prohibits the use of bottom towed fishing gear in specified areas to protect the designated features of those areas and therefore prevent damage to or deterioration of the sites.

The prohibited areas are defined in the Schedule to this byelaw.

To download a copy of the byelaw click here

The River Roach Oyster Fishery Order 2013

RIVER MEDWAY NURSERY AREA (PROHIBITION OF FISHING) BYELAW

The Authority for the Kent and Essex Inshore Fisheries and Conservation District in exercise of its powers under sections 155 and 156 of the Marine and Coastal Access Act 2009 hereby makes the following byelaw for that District.

Interpretation

 

  1. In this byelaw -
  • “the Authority” means the Kent and Essex Inshore Fisheries and Conservation Authority as defined in Articles 2 and 4 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2190);
  • “carry” means transport by any means;
  • “the District” means the Kent and Essex Inshore Fisheries and Conservation District as defined in  Articles 2 and 3 of the Kent and Essex Inshore Fisheries and Conservation Order 2010;
  • “restricted area” means the area of the River Medway described in the Schedule;
  • “River Medway” means the water body known as the River Medway from a line drawn from Garrison Point at Sheerness (51 degrees 26.863 minutes North, 000 degrees 44.641 minutes East) through the Grain Tower (51 degrees 27.091 minutes North, 000 degrees 43.871 minutes East) to the point of mean high water springs on the shore of the Isle of Grain (51 degrees 27.244 minutes North, 000 degrees 43.352 minutes East) at its mouth, up to its tidal limit at Allington Lock and up to a line drawn across the River Swale from 51 degrees 25.40 minutes North, 000 degrees 43.79 minutes East to 51 degrees 25.419 minutes North, 000 degrees 44.137 minutes East;
  • “sea fisheries resources” has the same meaning as section 153(10) of the Marine and Coastal Access Act 2009

Prohibitions

  1. A person must not fish for, or take by any means, sea fisheries resources within the restricted area.

 

  1. Subject to paragraph 4 a person fishing in the District must not carry any sea fisheries resources into or through the restricted area.
  2. Paragraph 3 does not apply to any person on a vessel carrying sea fisheries resources from outside the restricted area directly to the marinas and permanent moorings north of Hoo Island

Application

  1. This byelaw does not apply to a person performing an act which would otherwise constitute an offence against this byelaw, if that act was carried out in accordance with a written permission issued by the Authority permitting that act for scientific, stocking, breeding or fisheries management purposes.

Schedule

Definition of ‘Restricted Area’

 

The restricted area is the area enclosed by a series of straight lines drawn sequentially from:

Point 1 – 51 degrees 24.740 minutes North, 0 degrees 33.039 minutes East to

Point 2 – 51 degrees 24.566 minutes North, 0 degrees 33.039 minutes East (Navigation buoy No 31) to

Point 3 – 51 degrees 24.006 minutes North, 0 degrees 33.755 minutes East (Navigation buoy No 29) to

Point 4 – 51 degrees 24.115 minutes North, 0 degrees 35.005 minutes East (Folly Point beacon) to

Point 5 – 51 degrees 24.600 minutes North, 0 degrees 35.636 minutes East (Navigation buoy No 23) to

Point 6 – 51 degrees 24.881 minutes North, 0 degrees 36.324 minutes East (Kingsnorth Jetty RoRo) to

Point 7 – 51 degrees 24.970 minutes North, 0 degrees 38.310 minutes East (Oakham Ness Point) to

Point 8 – 51 degrees 25.659 minutes North, 0 degrees 39.227 minutes East (Navigation buoy ‘Stoke Creek’) to

Point 9 – 51 degrees 26.084 minutes North, 0 degrees 40.414 minutes East (Elphinstone Point) and then by a line drawn along the coast at the level of mean high water spring tide back to Point 1

 

I hereby certify that the above byelaw was made by the Kent and Essex Inshore Fisheries and Conservation Authority at their meeting on the 6 November 2015.

 

Explanatory Note (this note is not part of byelaw)

The Byelaw prohibits the taking of, and carriage of, sea fisheries resources in the restricted area defined in the byelaw. The prohibition against carrying sea fisheries resources in the restricted area does not apply to any person on a vessel carrying sea fisheries resources from outside the area directly to the marinas and permanent moorings north of Hoo Island.  The Byelaw will protect fish populations using the River Medway as a nursery area and will in addition offer protection to the Marine Protected Area (MPA) designations of the site including Special Protected Areas (SPA) and Marine Conservation Zone (MCZ) features.

medway_map

Medway Nursery Area (Prohibition of Fishing)

 

 

 

 

 

 

 

ESSEX ESTUARIES BOTTOM TRAWLING (PROHIBITED AREAS) BYELAW 2016

This Byelaw prohibits the use of all types of bottom trawl in specified areas of the Essex Estuaries SAC to protect the designated features of those areas and therefore prevent damage to or deterioration of the site. Download the Byelaw here for full details