NORTH WESTERN AND NORTH WALES SEA FISHERIES COMMITTEE
OFFICER’S REPORT
BYELAW 30 – DEVELOPMENT OF BYELAW FOR HOBBY FISHING.
Report by the Principal Fishery Officer
Purpose of Report
To alert Members to potential abuse of the byelaw as ‘made’ on the 25th November 2005, but yet to be confirmed DEFRA. It is suggested that the inclusion of an additional clause would close the loophole. Officers are advised that in order to gain Ministerial confirmation the whole Byelaw would need to be formally ‘re-made’ and re-advertised.
Recommendation
That the draft byelaw at Annex A be formally ‘made’.
1. Background
1.1 Members will be aware that at the November 2005 meeting of the Joint Committee, Officers presented a draft Byelaw which aimed to reduce the growing number of pots set by hobby fishermen.
1.2 Officers are aware that during the last two years there has been a marked increase in the number of pots set by non-commercial fishermen. Many of these pots are set by persons on holiday, or local persons who have historically set literally one or two on an irregular basis. Recent media coverage on the availability of relatively cheap lobster imports may also stimulate additional interest in catching a free dinner.
1.3 Observations also now show a growing trend whereby shellfish is being landed from unlicensed/unregistered vessels and being sold under the guise of hobby fishing. This undermines the DEFRA shellfish entitlement scheme and disadvantages the honest commercial fisherman who has to finance compliance with an array of legislation.
2. Improvement in managing the fishery.
2.1 In order to reduce the growing number of pots set by hobby fishermen, Officers suggested setting a maximum of 5 pots that may be set by any one person. In order to monitor the scheme, a registration scheme would be set up whereby each person’s pot markers carry a unique identification mark. This scheme would mirror that being set up in the Cumbria Sea Fisheries District.
2.2 The objective of the registration scheme is to ensure that an individual hobby fisherman can set only 5 pots. However our colleagues in Cumbria have found that a small number of fishermen seek to circumvent pro-active conservation measures. An unlicensed/unregistered fisherman may exploit the system by obtaining a number of permit numbers via friends/neighbours etc, placing the permit numbers on his boat and therefore legitimately claim to be hauling more than his own 5 pots on behalf of someone else. Even before our Byelaw has been confirmed ‘black economy’ fishermen in this District have been contemplating the same defence.
2.3 Officers therefore propose amending paragraph 2(d) of the Byelaw as made on the 25th November 2005 by inserting the words "…., not display more than one permit number, and …………" [printed in italics Annex A para.2(d)]. This will close the loophole and avoid abuse of the Byelaw.
2.4 Officers have consulted DEFRA lawyers on the need to fully remake and re-advertise the Byelaw. Unfortunately the lawyers consider that the purpose of the Byelaw will be sufficiently changed to warrant full due process. Our colleagues in Cumbria have also received the same decision.
2.5 Officers had hoped to have a hobby pot limitation Byelaw in place for the 2006 season. However it is considered more beneficial to close potential loopholes at the outset even if this causes delay. Therefore the draft byelaw is provided at Annex A, with the recommendation that it be duly ‘made’, and re-advertised without delay.
MARYN BOYCE
Principal Fishery Officer
30th April 2006.
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT, 1985
Background Papers
There are no background papers to this report.