Applications and exemptions byelaw 2016

Guidance

In 2011 Eastern Sea Fisheries Joint Committee became Eastern IFCA.  Legislation which established Eastern IFCA also increased the size of Eastern IFCA’s district to include an approximately 9-mile stretch of coast on the south bank of the Humber Estuary including the sea out to six nautical miles.  This area was previously under the remit of our neighbouring Committee, North Eastern Sea Fisheries Committee (NESFC).  Eastern IFCA also inherited the byelaws which were made by NESFC which only applied within this inherited area. The ‘inherited area’ is shown below.

byelaw

The Applications and Exemptions Byelaw 2016 extends the application of Eastern IFCA Byelaws into the inherited area to include the entire Eastern IFC District except in the following cases:

  1. Byelaw 12: Inshore Trawling restrictions,
  2. Byelaw 13: Fixed engines; authorisation of placing and
  3. Byelaw 15: Towed gear restrictions for bivalve molluscs

The above byelaws do not have application in the inherited area.

This byelaw also revokes several of the byelaws inherited from NESFC.  These byelaws were assessed as either being duplicates of Eastern IFCA byelaws or as having no relevance to Eastern IFCA management.   The following byelaws inherited by NESFC do still apply within the inherited area:

  1. BYELAW III: Trawling Prohibition: Exceptions
  2. BYELAW XII: Shrimp and Prawn Fishing
  3. BYELAW XVIII: Fixed Engine (Authorisation) Byelaw
  4. BYELAW XXIV: Humber Estuary Cockle Fishery Byelaw

This byelaw also enables Eastern IFCA to grant exemptions from our byelaws for the following purposes:

  • Scientific research
  • Stocking or breeding purposes
  • Biosecurity management

If you intend to undertake an activity related to the above which would be prohibited by an Eastern IFCA byelaw, you must obtain written consent from the Authority.  To apply for an exemption, please click the following link where you will also find more information on exemptions.

http://www.eastern-ifca.gov.uk/apply-online/

 

Byelaw

to view a printable version of the Byelaw click here

Application and Exemptions Byelaw 2016

The Authority for the Eastern Inshore Fisheries and Conservation District in exercise of its powers under sections 155, 156 and 158 of the Marine and Coastal Access Act 2009 hereby makes the following byelaw for the District.

Interpretation

  1. In this byelaw;

a. ‘District’ means the Eastern Inshore Fisheries and Conservation District as defined in Articles 2 and 3 of the Eastern Inshore Fisheries and Conservation Order 2010 (SI 2010 No 2189);

b. ‘biosecurity management’ means actions taken to remove or reduce the threat of adverse effects arising from invasive or non-native species, diseases, parasites or any pathogenic organisms and harmful biochemical substances to the environment or fisheries sustainability.

 

Application

  1. All byelaws which are in force anywhere in the District are to apply throughout the District unless there is express provision to the contrary in a particular byelaw.

 

  1. Authority byelaws do not apply to a person exercising:

a. any right of several fishery; or

b. any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent, or by prescription or immemorial usage;

unless one of the conditions set out in paragraph 4 is fulfilled.

  1. The conditions are:

a. the person who enjoys the right consents to the byelaw when it is made; or

b. the exercise of the right is in relation to any of the sites specified in section 158(6) of the Marine and Coastal Access Act 2009;

  1. Paragraph 4 is subject to any express provision to the contrary in a particular byelaw.

Exemptions

  1. Byelaws do not apply to a person performing an act which would otherwise constitute an offence against that byelaw if that act was carried out in accordance with a written permission issued by Eastern Inshore Fisheries and Conservation Authority permitting that act for scientific, stocking or breeding purposes or for reasons relating to biosecurity management.

Revocations

  1. The byelaw with the title ‘BYELAW 2. Application and saving for scientific purposes’ made by the Eastern Sea Fisheries Joint Committee in exercise of powers under the Sea Fisheries Regulation Act 1966 (c.38) that was in force immediately before the making of this byelaw is revoked.
  1. The byelaws with the following titles which were made by the North Eastern Sea Fisheries Committee in exercise of powers under the Sea Fisheries Regulation Act 1966 and which were in force immediately before the making of this byelaw are revoked such as they applied within the District:
    • BYELAW II. Application and saving for scientific purposes;
    • BYELAW IV. Seine net, draw net or ‘Snurrevaad’: prohibition of;
    • BYELAW V. Push net;
    • BYELAW VIII. Mussels: minimum size;
    • BYELAW X. Shellfish: re-deposit of;
    • BYELAW XI. Shellfish beds: regulations of;
    • BYELAW XIV. Removal of parts of lobsters from any fishery: prohibition of;
    • BYELAW XV. Application of byelaws;
    • BYELAW XIX. Parts of crab;
    • BYELAW XX. Prohibition on use of crab (Cancer pagurus) for bait;
    • BYELAW XXI. Protection of ‘V’ notched lobsters;
    • BYELAW XXII. Permit to fish for lobster, crab, velvet crab and whelk;
    • BYELAW XXIII. Method and area of fishing (dredges) byelaw;
    • BYELAW XXV. Prohibition on removal of tope or parts thereof;
    • BYELAW XXVIII. Crustacea conservation byelaw.

Explanatory Note

(This note does not form part of the Application and Exemptions Byelaw 2016)

Where an Eastern Inshore Fisheries and Conservation Authority (IFCA) byelaw does not specify its area(s) of application, this byelaw causes such byelaws to have effect throughout the Eastern Inshore Fisheries and Conservation (IFC) District.

This byelaw therefore extends the application of Eastern IFCA byelaws which were inherited from the Eastern Sea Fisheries Joint Committee to include the entire Eastern IFC District such that certain Eastern IFCA byelaws now apply in areas where they did not before.  The area where byelaws now apply but previously did not lies between lines drawn from the following points and due East out to six nautical miles:

  1. the control tower at the Royal Air Force Gunnery and Bombing Range at Donna Nook in Lincolnshire (Latitude 53° 28.22’N Longitude 0° 09.24’E); and
  2. Haile Sand Fort in Lincolnshire (Latitude 53° 32.09’N Longitude 0° 01.82’E).

The positions above are satellite derived from WGS84 Datum.

Persons exercising certain rights to remove sea fisheries resources are not subject to Eastern IFCA byelaws unless the person exercising such a right had consented to the byelaw or the byelaw has effect in a marine protected area (including: special areas of conservation, special protection areas, marine conservation zones, sites of special scientific interest, national nature reserves and Ramsar sites). This does not apply where other Eastern IFCA byelaws make express provision to the contrary.

Eastern IFCA is able to grant exceptions to its byelaws for the purposes of scientific research, breeding or stocking purposes or biosecurity management (for example the removal of invasive non-native species).

This byelaw also revokes several byelaws which previously applied within the Eastern IFC District.

 

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