Wash Cockle and Mussel Byelaw 2021

Guidance

The Wash Cockle & Mussel Byelaw 2021 was confirmed on 26 February 2025 and will be put into effect from 1 May 2025 following an implementation period.

This byelaw regulates fishing activity for cockles and mussels in an area of sea known as ‘The Wash’, which is defined in Schedule 3 of the byelaw, in Norfolk and Lincolnshire.

Permits and fees

The guidance for permits and fees relates to the general administration of the byelaw. In the first year of the byelaw coming into effect (from 1 May until 31 March), the permit fees and dates have been adjusted to account for the byelaw coming into effect after the start of the permit year, which under normal circumstances is 1 April.

A permit is required to fish for cockles and mussels within The Wash. The vessel and any person fishing under the authority of the permit, including the permit holder and any nominated deputies, must be named on the permit and fishing activity must be in accordance with any permit conditions. Permit fees apply which must be paid prior to the issuing of a permit and which can be varied by the Authority in accordance with Schedule 1 of the byelaw. Eligibility requirements also apply via Eligibility Policy, which may be issued varied or revoked by the Authority in accordance with Schedule 5 of the byelaw.

In order to apply for a permit applicants must be eligible to do so. Obtaining and maintaining such eligibility is achieved by applying each year and payment of the eligibility fee. The eligibility fee is paid in advance. If you pay the fee and do not get a permit that year because you do not fish, you do not need to pay it the following year to obtain a permit. The Eligibility fee must be paid at least once in every 24 months and in any case for every year that is fished. Permits to participate in a fishery must be applied for each year. In some years, and in some cases, the Authority may ask for supporting evidence to determine if you remain eligible for a permit.

New applicants and the Register of Interests

Only people currently eligible to fish within the Wash cockle and mussel fisheries may be issued a permit. Where permits become available, the Authority will contact those on the Register of Interests for a permit in the future. Eligibility for ‘new’ permits will be determined using the points-based system set out in the Eligibility Policy.

Anyone wanting to be named on the Register of Interests should contact the office.

Flexible management measures

The byelaw enables the Authority to implement flexible management measures including: a limit on the number of permits issued, opening and closing fisheries, setting out time periods when the fisheries are open, setting permit conditions and allocation of permits using an eligibility policy.

Introduction, variation, or revocation of the flexible measures includes a requirement to consult with affected stakeholders and to undertake an impact assessment. With the exception of the eligibility policy, flexible measures can also be introduced with no consultation to protect stock sustainability, in response to a threat to the conservation objectives of a marine protected area or in response to other compelling and urgent reasons. Where such urgent changes are made they must be reviewed unless the measure is temporary.

Flexible management measures will be issued, varied or revoked in accordance with associated formal operating procedures, available at the links below:

Restrictions

This byelaw prohibits fishing in areas closed to fishing or outside of the open periods of the fishery.

Schedule 2 of the byelaw provides restrictions that apply to the fisheries as set out in the table below:

Restriction	Description
Vessel Length Restriction	The maximum vessel length for operating in the fisheries is 14m unless an exemption applies. An exemption will only apply if the vessel had a track record of operating in the fishery under the Wash Fishery order 1992.
Daily Catch Restrictions	The maximum weight of cockles which may be removed from the fishery per calendar day per vessel is 2000kg unless otherwise stated in a permit condition. The maximum weight of mussels removed from the fishery during a ‘harvestable’ mussel fishery (which targets mussels over 45mm) per calendar day per vessel is 4000kgs. The maximum weight of mussels removed from the fishery during a ‘relaying’ mussel fishery (which targets mussels less than 45mm for the purpose of aquaculture) per calendar day per vessel is 4000kgs. No allowance is made for the weight of containers (including bags) or sand, shells etc.
Mussel Dredge Restrictions	The maximum inside opening for a mussel dredge is 1m. A maximum of 2 mussel dredges may be used per vessel.
Sorting of catch	Where catch has been sorted (riddled etc.) any rejected material must be returned to the sea immediately, as close to where the catch was caught as is possible. Rejected catch must be spread thinly and evenly over the area where it is returned.
Transhipping Prohibition	Transhipping of catch between vessels is prohibited.
Requirement to land (cockles)	Cockles catch must be returned straight to port and landed immediately. Cockle catch must not be left on the sands. This does not apply if you are re-laying cockles for the purpose of aquaculture under written authority from Eastern IFCA. It is prohibited to land on more than one occasion per calendar day.
Dual fishing prohibition	Fishing is only permitted in one cockle or mussel fishery per calendar day. Carrying on board any bottom-towed-gear which can be used to fish for cockles or mussels is prohibited when operating in a handwork only fishery.
Standard bags	Cockle catch must be landed in bags of the following dimensions: · 60 centimetres or 120 centimetres in height. · 97 centimetres in depth. · 97 centimetres in width. Bags must have the words ‘Wash Fishery’ written on the side of them with letters which are at least 10cm tall.
Prop-washing	Anchors which affix to the seabed must not be used when prop-washing. Any cockles dislodged from prop-washing must be spread thinly and evenly over the grounds as close as is possible to where they were dislodged from.

Certificate of gear approval

Where fishing gear used to catch cockles or mussels is subject to restrictions under this byelaw, its use is prohibited unless a certificate of gear approval has been issued. A certificate of gear approval may be issued after inspection by an Inshore Fisheries and Conservation Officer has inspected the gear and confirmed compliance with the requirements under the byelaw. A certificate of gear approval will be invalid if the fishing gear is modified and is only valid for the lifetime of the associated permit.

Catch returns

Catch returns are required in relation to fishing activity carried out under permits. Where a person fails to provide catch returns within seven days of notification that catch returns have not been received by the Authority, the associated permit will be suspended until such time as the catch returns have been received by the Authority and notification has been sent to that effect.

Exemptions

The byelaw does not apply within the area of The Wash known as the le Strange Estate or where a person removes a maximum of 5kg of cockles or mussels from The Wash for recreational purposes. The requirement for a vessel to be named on a permit does not apply where the Authority has provided written authorisation of such in circumstances where a permit holder, nominated deputy or vessel is unable to put to sea.

Amendments to other byelaws

Byelaw 4: mussels (Mytilus edulis) – maximum sizes, made by the Eastern Sea Fisheries Joint Committee on 31 January 1996 and confirmed by the Secretary of State on 10 April 1997 is revoked.

The Minimum Sizes Byelaw 2019 made by the Authority on 11 December 2019, The Marine Protected Areas Byelaw 2018 made by the Authority on 18 July 2018 and Byelaw 3: ‘Molluscan Shellfish Methods of Fishing’ made by the Eastern Sea Fisheries Joint Committee on 31 January 1996 are amended.