1.1 In mid November 2005, DEFRA released a consultation paper on proposed measures for the management of the bass fishery in English waters, with a closing date of 8^th February 2006. In late November, WAG issued a similar consultation for Wales, requiring responses by 14^th February.

1.2 The aim of the proposed legislation is to increase the number and size of bass available to both commercial and recreational fishermen. However, it is understood that this national legislation would only apply to commercial fishing operations carried out from UK registered fishing vessels. Activities such as recreational angling, or beach netting, would therefore fall outside the scope of the proposals unless the fish were to be sold.

1.3 The initial proposal is to increase the minimum landing size of bass from 36cm to 45cm, with prohibition on the carriage and sale of bass below 45cm. There would be a concomitant increase in the mesh size of enmeshing nets from 90mm to 105mm.

1.4 These proposals are backed by paper by CEFAS setting out the scientific assessment of the measures. For Welsh waters, partial Regulatory Impact Assessment (RIA) has been prepared.

1.5 The CEFAS paper concludes that there would be an immediate impact on netting fisheries, with a loss of both bass and other species, but that bass catches in enmeshing nets would soon recover to their present levels. An increase in discarding of bass below 45cm is predicted in some areas.

1.6 The RIA considers the likely effects of a series of options, ranging from retaining the present management regime to increasing the MLS to 55cm, including the introduction of increased MLS in discrete stages.

1.7 Further measures for the conservation of bass are planned for the future. These may include bag limits for anglers, restrictions on near-shore netting, closed areas or seasons, and further gear restrictions. Any such measures will be subject to separate consultation.

2.1 The proposed measures were discussed at meetings of the ASFC and Chief Officers on 10 and 11 January 2006. The general view from other SFCs was that an increase in bass minimum size that applied to UK vessels only was unjustified and discriminatory against inshore fishermen since it would not apply to other EU-fishers. It could be largely ineffective unless applied as an EU wide measure.

2.2 In the light of the potentially adverse economic impact of the measures, the SFCs also agreed that any increase should be staged over several years to test the validity of the scientific hypotheses. Each increment should be given time to take effect and fully assessed before further increases are implemented.

2.3 There was concern at the increased enforcement burden that would ensue, particularly if SFC Byelaws were to be created to cover bass fishing from the shore or from unregistered boats. All the SFCs consider that the level of illegal sale of substantial quantities of bass from anglers and unregistered vessels is very high compared with other fisheries. With an increased MLS, the incentives and rewards for illegal sale will be correspondingly increased. SFCs do not have the enforcement capacity to respond to such an increase or the financial resources to follow through the prosecutions that would be generated.

3.1 Officers would endorse the comments raised in the ASFC meeting. Additional concerns also exist. There is doubt that raising the minimum mesh size to 105mm will be sufficient to match a MLS of 45cm. Most nets set in the District are now 90-104mm mesh, and observations of catches suggest that many bass below 45cm would be caught and killed by a 105mm mesh.

3.2 Officers are also concerned that increases in the mesh size will cause conflict by increasing the likelihood of catching salmon, which is likely to cause problems with the existing Byelaws 24-27. Officers are sceptical that an increase to 45cm MLS would lead to widespread increases in the size of bass near the shore. It is thought that most near-shore fish are below this size through behavioural factors and not fishing pressure: most larger bass move offshore and are likely to continue to do so. The bass population currently appears to be in good health, and might be better protected by improved measures to curtail fishing in bass nursery areas.

DEFRA Consultation on Measures to Increase the Number and Size of Bass Available to Commercial and Recreational Fishermen. 15^th November 2005.

WAG Consultation on Measures to Increase the Number and Size of Bass Available to Commercial and Recreational Fishermen. 24^th November 2005.