Wash Fishery Order 1992 (WFO) replacement: stakeholder engagement
At the 39th Eastern IFCA meeting in Mach 2019 the Authority agreed to seek to replace the WFO with a byelaw. Since then, the Authority has engaged in dialogue with stakeholders to develop the Wash Cockle and Mussel Byelaw 2021 and the policy for managing access to the cockle and mussel fisheries (the Eligibility Policy). Seven separate structured consultations were undertaken to inform the development of the management measures for the Wash, generating 160 responses which were carefully considered and resulted in several significant changes to the Byelaw and the Eligibility Policy.
Key changes to the byelaw and eligibility policy arising from consultation with stakeholders include the following:
- The development of a separate process (Schedule 5 of the byelaw) for the introduction, variation and revocation of Eligibility Policy.
- Inclusion, in Schedule 5, of a minimum consultation period and a requirement for the Authority to consider specific economic matters which the Authority must address when reviewing or revising the Eligibility Policy. The wording of this provision was drafted with the professional representatives of the fishing industry and is intended to address concerns about how the Authority will exercise its discretion.
- The provisions for the introduction, variation or revocation of Eligibility Policy includes a paragraph which requires any such decisions to be made by either the ‘full Authority’ at an Authority meeting or by an appropriately delegated sub-committee and precludes the decisions being taken by the Authority’s officers. This is intended to reassure stakeholders that in recognition of the fact that such changes may have notable impact upon fishers they should be properly considered by the Authority.
- The establishment of a new sub-committees (the Wash Fisheries sub-committee and the Wash Appeals sub-committee), by way of amendment to the Authority’s Constitution and Standing Orders, to make decisions associated with the Eligibility Policy.
- Provisions which cancelled a permit as a consequence of non-compliance were ultimately removed from the Byelaw as a resolution to objections raised by industry. It is noteworthy that a similar provision had existed in the WFO. Instead, permit suspension is dealt with within the Eligibility Policy in a manner agreed through dialogue with the industry’s professional representatives following the formal consultation.
- ‘Category 2 permits’ were included in the original draft Byelaw and the associated provision was modified on a number of occasions to seek to address concerns raised by industry about how it would be used. Ultimately the provision was removed from the Byelaw entirely, which effectively resolved the ‘objection’. The decision to do so was taken following further dialogue after the formal consultation with the industry’s professional representatives.
- The requirement to pay an eligibility fee each year (including when not fishing) was also removed and is now dealt with in Eligibility Policy, which sets out a requirement analogous with the situation as existed under the WFO.
- Amendment to the permit fee provisions to restrict the extent to which fees may increase without consultation as a consequence of inflation (limited to 3.5%).
Consultation outcome documents
Each consultation generated an associated outcome document, which is intended to outline how the views of stakeholders were considered. It sets out what revisions were made or the rationale for not making changes suggested by stakeholders.
The links below are the repository of the outcome documents for six of the consultations (one of the seven consultations involved a series of pre-arranged meetings with small numbers of industry members which were subsequently not attended by industry members. As such no outcome document was produced).
Aim and Objectives Consultation
Informal Consultation (Byelaw)
Eligibility Policy informal consultation
Eligibility Policy Formal Consultation