Eastern IFCA Formal Consultation: Cromer Shoal Chalk Beds Byelaw 2023; Crab and Lobster Byelaw 2023
Eastern IFCA has launched a formal consultation on two proposed byelaws for the district – the Cromer Shoal Chalk Beds Byelaw 2023 and the Crab and Lobster Byelaw 2023.
Stakeholders are invited to comment on the byelaws before 16:30 on Monday 8th of May 2023.
Authority members agreed to make the two byelaws at the 51st Authority meeting on 8th March 2023. The Authority intends to apply to the Secretary of State for the Department for Environment, Food and Rural Affairs for the confirmation of the byelaws following a consideration of responses received.
The draft byelaws and impact assessments were developed through extensive informal consultation with stakeholders, in two phases (see [Archived Item] – Eastern IFCA Informal Consultation: Management of Crab and Lobster Potting Fisheries) n . The outcome reports for informal consultation are available through the Reports and Assessments section of the MCZ page.
(1) Cromer Shoal Chalk Beds Byelaw 2023
The intention of the byelaw is to provide a framework for flexible management of fishing within Cromer Shoal Chalk Beds Marine Conservation Zone (MCZ) to enable the Authority to continue to deliver an Adaptive Risk Management approach in the site – an iterative approach whereby management is implemented and adapted over time through research.
• For a summary of the key provisions and intentions of this byelaw, please see our: Infographic Summary
• For the full text of the draft byelaw, please visit: Cromer Shoal Chalk Beds Byelaw 2023 (Draft Text)
• To read our draft Impact Assessment, please visit: Impact Assessment (Draft Text)
(2) Crab and Lobster Byelaw 2023
Eastern IFCA inherited four byelaws relating to crab and lobster management when it was established in 2010 from Eastern Sea Fisheries Joint Committee:
Byelaw 5: Prohibition on the use of edible crab (cancer pagurus) for bait
Byelaw 6: Berried (egg-bearing) or soft-shelled crab (Cancer pagurus) or lobster (Homarus gammarus)
Byelaw 10: Whitefooted edible crab (Cancer pagurus)
These byelaws have been reviewed to consider their effectiveness and contribution to sustainable fisheries. The byelaws are considered necessary to maintain healthy and productive stocks and support a viable industry.
As such, Eastern IFCA is proposing to bring the protective measures of these byelaws under one byelaw – the Crab and Lobster Byelaw 2023. The effect of the inherited byelaws is maintained, with an amendment included in relation to the use of edible crab and bait.
The amendment is to allow the use of edible crab as bait in commercial fisheries if it is cooked offal. In addition, recreational hook and line fishing (including from a charter vessel) may use edible crab for bait but doing so requires the user to provide evidence that the crab did not come from within the Eastern IFC district or that it was bought as bait.
• For a summary of the key provisions and intentions of this byelaw, please see our: Infographic Summary
• For the full text of the draft byelaw, please visit: Crab and Lobster Byelaw 2023 (Draft Text)
• To read our draft Impact Assessment, please visit: Impact Assessment (Draft Text)
Have your say:
Stakeholders wishing to comment, support or object to the confirmation of the above byelaws must do so in writing before 16:30 on Monday 8th of May 2023, to the CEO of Eastern IFCA at:
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- Eastern IFCA, 6 North Lynn Business Village, Bergen Way, King’s Lynn, PE30 2JG.
- Tel: 01553 775321; Email: mail@eastern-ifca.gov.uk; Website: www.eastern-ifca.gov.uk
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You must also send a copy to:
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- Marine Conservation and Enforcement Team, Marine Conservation and Enforcement Team, Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle- Upon-Tyne, NE4 7HY;
- Email: IFCAbyelaws@marinemanagement.org.uk
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Frequently Asked Questions – Cromer Shoal Chalk Beds Byelaw 2023
Why does the Cromer Shoal Chalk Beds Byelaw include the inshore area from the low water mark to the start of the designation?
This area has been included for admin and logistical reasons:
• To ensure that prohibitions are enforceable;
• To ensure that all recreational activity is covered;
• To ensure clarity for stakeholders and
• To guarantee that the byelaw is future-proof.
The Authority will maintain discretion over whether any management measures implemented under the byelaw apply to the inshore area as our legal duties are different in relation to areas inside and outside of the designation.
Why was the proposal for a 3 nautical mile beach-launched vessel restriction not included in the Cromer Shoal Chalk Beds Byelaw?
This proposal has been excluded from the face of the byelaw due to potential risks of unintended impacts on the fishing industry, including to potential young entrants.
Eastern IFCA intends to consider this proposal as part of flexible measures and to develop it through further discussion with stakeholders.
This will minimise the risk of any unintended impacts and allow us to make necessary changes if any are found to occur.
Why was the proposal for closing the rugged chalk to fishing activity in January and February not included in the Cromer Shoal Chalk Beds Byelaw?
During the informal consultation stakeholders informed us of changes in water temperature and behaviours of species.
In view of this feedback, the closed season proposal will be considered as of flexible measures to enable us to alter the closed period if required and avoid unintended impacts occurring in an increasingly dynamic marine environment.
How will flexible measures be implemented?
To provide surety to stakeholders, the ability to introduce flexible measures is underpinned by established due process procedures included on the face of the byelaw . These include requirements to consult and undertake separate impact assessments in relation to any proposed new measures and changes to existing measures. In relation to eligibility policy, the wording of the byelaw additionally requires impact assessments to have particular regard to:
• The stability, continuity and succession of businesses of the permit holders,
• The continuing ability of permit holders to finance their businesses, and
• The impacts to potential young entrants or recruits
Frequently Asked Questions – Crab and Lobster Byelaw 2023
What is the risk to amending the prohibition on the use of edible crab as bait?
The intention of the prohibition is to prevent the removal of soft-shelled or undersize crabs, which is already prohibited. Because we are maintaining the prohibition on the removal of ‘white-footed’ crabs, the risk of creating a ‘bait fishery’ is considered low.