Dear Mr Cotter (Defra)

Dear Mr Holbrook (NAW)

Thank you for the invitation to comment on this consultation.

The NWNWSFC is very concerned about the conservation of lobsters. Since 2003, the Committee has operated an EU funded lobster V notching scheme which has had the effect of compensating fishermen for returning many thousands of female lobsters to the coastal waters of West Wales with a distinctive V notch cut in their tail fan. A Committee byelaw prohibits the landing of V notched lobsters, thus ensuring that they are protected from capture and continue to breed for a number of years.

The Committee is generally supportive of an increase in the MLS of lobster because it should help increase the breeding stock of lobsters and create a more sustainable population. This will lead to a more valuable fishery.

Of the options presented, Members favour option 1 which is increasing the MLS to 90mm in a single step. The lobster fishing industry is concerned about the timing of the introduction. They consider it will be much easier to accommodate and will generate much less of an economic impact if it is brought in the autumn. The rationale for this is that the industry in West Wales will follow the usual pattern of concentrating on the prawn (Palaemon) fishery through the winter months. This will give more time for lobsters to grow towards the new size and more time for fishermen to prepare for the new regulation.

Option 2 (Increasing in 1mm steps over 3 years) would create confusion and additional expense in the purchase of gauges.

Option 3 (The addition of a maximum landing size as well as the MLS), is favoured by some officers who recognise the population benefits which could result. However, the offshore lobster fishermen were concerned that a maximum landing size would either significantly damage their livelihoods if set low, or be ineffective, if set too high.

Option 4 (Further increases to the MLS beyond 90mm in future years) is not discounted but fishermen consider it is too early to make commitment to further increase at this stage. If the proposed increase to 90mm is shown to be effective over a number of years, in making the fishery more sustainable and fishermen’s livelihoods are not affected, a further increase may be agreed in the future.

Some members were concerned that the increase will be discriminatory in favour of non-English and Welsh fishing vessels within British fishery limits and to non UK vessels throughout the England and Wales Territorial Seas. These vessels will continue to be able to land 87mm and above lobsters into England and Wales ports, while local fishermen will be limited to 90mm and above. The sections on competition assessment in the consultations are rather speculative and the lobster fishing industry is most concerned to see how this works out in practice. The solution to this problem is to obtain European wide agreement on changes to the MLS before proceeding with any change.

The comments on enforcement in the consultations suggest that no additional enforcement resources will be needed. This overlooks the difficulty that there will be 2 different ML sizes in operation which Officers will have to enforce. On every occasion when lobsters are checked, Officers will have to take extra care to ensure they are applying the correct MLS on the vessel in question. This is a significant additional enforcement burden and some additional resources would be needed to maintain current levels of enforcement. If no additional resources are forthcoming there will be a drop in the number of enforcement operations and there is also a cost to ensuring that the fishing industry is aware of the change and the new MLS.

A further enforcement difficulty arises from the different MLS which will be in force either side of the 12 mile limit. Fishermen carrying 87mm lobsters will be able to claim they were caught outside the 12 mile limit. SFC will in many case be unable to dispute such claims because the SFC District only extends to 6 miles.

A significant inequality would be created if recreational or commercial fishermen operating from the shore or non-commercial fishermen operating from unregistered or unlicensed boats are not covered by any new SI. In the event that the increase in MLS is brought in by National (England and Wales) SI, the NWNWSFC would address this problem by remaking its byelaw 19 (Specified fish sizes) with the addition of lobster and the new MLS.

This byelaw would be remade as soon as possible after the national measures were confirmed.

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