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Fisheries Bylaws
PENALTIES
Any person who refuses to allow a fishery officer to exercise his powers under the Sea Fisheries Regulation Act 1966, or who resists or obstructs such officer in the performance of his duty, is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).
The skipper and the owner or charterer of any vessel used for fishing in contravention of a byelaw are each liable to a fine not exceeding level 5 on the standard scale (currently £5,000), and the Court by which any such person is convicted may also order forfeiture of any net or other gear or fish used or taken in the commission of the offence.
Any person who contravenes any byelaw is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).
FISH / SHELLFISH MINIMUM SIZES ETC
3. LOBSTER - MINIMUM SIZE confirmed 14/04/98
No person shall take or otherwise remove from any part of a fishery within the South Wales Sea Fisheries Committee District any lobster (Homarus gammarus) of less than 90 mm carapace length. The carapace shall be measured parallel to the mid line of either eye socket to the distal edge of the carapace (body shell). Lobsters of below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
4. LOBSTER MAXIMUM SIZE (Welsh Office confirmation awaited)
5. PROTECTION OF V-NOTCHED LOBSTERS confirmed 14/4/98
No person shall fish for or take any V-notched or mutilated lobster of the species Hommarus gammarus. Any lobster so marked shall be returned immediately to the sea.
For the purpose of this byelaw: .V-notch' means an indentation in the shape of the letter 'v' made in any one or more of the five flaps of the tail fan of the lobster.
'Mutilated lobster' means any lobster which has any of the five flaps of the tail fan
missing or mutilated in such a manner that could hide or obliterate a V-notch.
'Flap' means any part of the five flaps of the tail fan of the lobster.
6. CRABS - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from any part of a fishery within the South Wales Sea Fisheries Committee District any crab of the species Cancer pagurus, which measures less than 140 mm across the broadest part of the back. Crabs of below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
7. CRAWFISH - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from a fishery within any part of the South Wales Sea Fisheries Committee District any Crawfish (Palinurus elephas) with a length of less than 110 millimetres being the length measured along the centre line of the carapace (body shell) from the tip of the central rostral spine to the distal edge of the carapace. Crawfish of below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
8. BASS - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from a fishery within any part of the South Wales Sea Fisheries Committee District any bass (Dicentrarchus labrax) with a length of less than 37.5 centimetres, measured from the tip of the snout to the tip of the tail. Bass of below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
9. THICK LIPPED GREY MULLET - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from a fishery within any part of the South Wales Sea Fisheries Committee District any thick lipped grey mullet of the species (Chelon labrosus) with a length of less than 35 centimetres, measured from the tip of the snout to the tip of the tail. Thick lipped grey mullet of below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
10. SKATE AND RAY - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from a fishery within any part of the South Wales Sea Fisheries Committee District any skate or ray that measures less than 45 centimetres between the extreme tips of the wings or any wing which measures less than 22 centimetres on its maximum dimension and which is detached from the body. Skate and ray below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
11. WHELK - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from any part of a fishery within the South Wales Sea Fisheries Committee District unless with the written authority of the Director of the Committee, and in accordance with any conditions contained in that authority any whelk (Buccinum undatum L) which would pass through a riddle or any like instrument having bars which are square in section and which are not less than 35 mm apart. Whelks under this size which can pass through such a riddle shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
Except that whelks under this size shall be allowed, provided that their total number does not exceed 10% of a random sample comprising a minimum of 100 individuals.
Explanatory Note: From the 1st August 1998 the written authority of the Director envisaged above is available to Class II permit holders. (Byelaw 41)
12. WINKLES confirmed 4/12/97
No person shall fish for or take periwinkles of the species Littorina littorea otherwise than by hand picking.
No person shall remove from any part of a fishery within South Wales Sea Fisheries Committee's District any periwinkle which will pass through a gauge within a square opening of thirteen millimetres measured over each side of the square.
13. SHELLFISH - MINIMUM SIZES confirmed 4/12/97
No person shall take or otherwise remove from any part of a fishery within the South Wales Sea Fisheries Committee District:-
a) Any oyster of the species Ostrea edulis known as the European flat oyster that will pass through a gauge having a circular opening of 70 mm in diameter.
b) Any mussel (Mytilus edulis) of less than 51 mm in length provided that it shall not be an offence under this Byelaw to remove mussels from a fishery of less than 51mm in length in accordance with the prior written authority of the Director to the Committee or
as permitted by his appointee at the time of removal.
c) Any cockle (Cerastoderma edule) that will pass through the gauge of a riddle or like
instrument used for the purpose of riddling, sorting or sifting cockles which has an
aperture 19 mm square, provided that it shall not be an offence under this Byelaw to
remove cockles from a fishery in accordance with the prior written authority of the
Director to the Committee or as permitted by his appointee at the time of removal.
Shellfish, the taking or removal of which is prohibited by this byelaw, shall be
returned immediately to the sea at a position as nearby as is possible from where they
were taken.
14. SCALLOPS - MINIMUM SIZE confirmed 4/12/97
No person shall take or otherwise remove from any part of a fishery within the South Wales Sea Fisheries Committee District any scallop of the species Pecten maximus which measures less than 110 mm across the width of the shell nor any part of any scallop which is detached from the shell. Scallops of less than this size shall be returned immediately to the sea at a position as nearby as possible from where they were taken.
29. BASS NURSERY AREA-RESTRICTIONS ON FISHING confirmed 14/4/98
No person shall fish for sea fish either from or by using a boat of any description in the fishing operation in the following areas and during the periods indicated:
(d) Milford Haven 1 May - 31 October
All tidal waters within the SWSFC District as defined, enclosed by a line drawn from the shore along the eastern side of the Texaco Terminal approach jetty to the southern most part of the T-jetty thence eastwards along the southern edge of the jetty to the extremity at No. 3 berth (51o41.87'N, 05o01.39'W) and then 098o true through the Pennar Beacon to the Llanreath foreshore (51o41.55'N, 04o57.58'W) (Map c).
Provided that this byelaw shall not apply to any person fishing from a boat using a dredge designed to take only molluscs or using baited pots or traps any dimension of which shall be less than 1 metre, to take only crustaceans.
Fixed Net and Drift Net Byelaws 30 and 31 were made by South Wales Sea Fisheries Committee by virtue of the powers vested in it by Section 5 of the Sea Fisheries Regulation Act 1966 and Section 37(1) and 37(2) of the Salmon Act 1986, and with the consent of the Environment Agency.
30. FIXED NETS confirmed 4/12/97
A. MANNER AND USE OF FIXED NETS
(1) Any fixed net authorised by these byelaws shall be cleared of fish at least once every two tides if set below the low water mark, and at every low tide if set in the inter-tidal zone, and any salmon or sea trout (sewin) or undersized sea fish which is caught by such net shall be returned to the sea immediately upon the clearing of the net, whether dead or alive, and if alive, with as little injury as possible.
(2) No authorised stake net set in the intertidal zone between the High and Low Water Mark of Spring tides shall have a height above the sea bed greater than 1.25 metres (4 ft 1.25 in). Page 15
(3) No fixed net which is authorised by these byelaws shall be placed within 200 metres of any freshwater source.
NOTE: Attention is drawn to other byelaws made by the Committee, some of which contain provisions and restrictions on the use of fixed and/or drift nets.
B. AUTHORISATION FOR SCIENTIFIC ETC PURPOSES
The placing and use of fixed nets by any person bona fide fishing for sea fish for scientific purposes or for stocking or breeding under the written authority of the Committee or of the Secretary of State for Wales and in accordance with the conditions in the authority is authorised anywhere within the South Wales Sea Fisheries Committee District.
C. AUTHORISATION
Subject to the provisions of this byelaw, the placing and use of any fixed net is hereby authorised "within any part of the six mile Sea Fisheries District as defined" (See Byelaw "Application") except in the areas and at the time specified below.
AREA 4: RIVER DAUGLEDDAU
In that part of the district lying within a line drawn across the river at the seaward side of the Pembroke to Neyland road bridge provided that:
Boat set fixed nets having a mesh size of between 50 and 65 mm are authorised for taking herring from 15 January to the following 30th April in each year.
31. DRIFT NET PROHIBITIONS confirmed 4/12/97
Subject to the provisions contained in these byelaws the use of drift nets is hereby prohibited in the areas and at the times specified below.
AREA 4: RIVER DAUGLEDDAU
In that part of the district lying upstream of a line drawn across the river at the seaward side of the Pembroke-Neyland road bridge at all times.
45. RESTRICTION ON FISHING FOR SCALLOPS confirmed 4/12/97
No person shall fish for or take or otherwise remove from any part of a fishery within the South Wales Sea Fisheries Committee District, scallop of the species Pecten maximus between 1 July and 31 October, both days inclusive, in each year.
CODE OF PRACTICE
The following are examples of good fishery and conservation practice which the Committee particularly endorses and recommends to all users of the marine environment as either good sense or legal practice:
GENERAL
Do not pollute or litter at any time, be particularly careful not to discard non-biodegradable material.
Do not leave dead fish / bait etc on beaches / quays etc. You will be unpopular and risk spoiling the reputations of similar users.
Return all undersize, unwanted or bycatch carefully, and alive to the water. All salmonid fish (ie. salmon and sea trout) must be returned to the water (whether dead or alive), unless the captor is the holder of a relevant Environment Agency licence.
Treat all fishing gears with respect, even if you think they are illegal. It is a criminal offence to cause them malicious damage. In many cases they may transpire to be legal practice in any event. Do not interfere with any fishing gear not owned by yourself.
ANGLING
Backfill all holes when digging for bait.
Replace all overturned rocks to their upright position when collecting crabs for bait.
Collect only what you need.
Do not leave old or unwanted bait to decay and smell on fishing platforms, particularly public areas. Return it to the sea.
Dispose of old fishing tackle, line, etc properly. Pick up any abandoned tackle left by others.
NETTING
Do not set nets in sensitive areas of the marine environment, eg. close to seal haulouts, seabird colonies, within moorings or navigable channels, on recreational beaches etc.
Closely monitor all drift nets at all times. Do not set more net than you can effectively monitor.
Fish and check all static nets regularly. Ensure that each shore set net is checked at every low water, and preferably as the tide uncovers the net, in order that any unwanted catch can be returned alive where possible.
BUOY MARKERS
Mark all fishing gear in compliance with byelaws and with sufficiently large buoys to enable as far as practicable, that they can be seen at the surface at all times and in all tide runs. This may involve using dahn buoys or multiple buoys set in series.
Do not use excessive lengths of rope to the surface markers - especially floating lines which may impede and endanger navigation. In particular, shorten rope lengths when moving gear inshore to shallower grounds. The use of a short length of leaded rope below the marker buoy is encouraged.
SKOMER MARINE NATURE RESERVE
Within the area of Skomer Marine Nature Reserve, the following voluntary Code of Practice exists for net fishermen, in addition to the above:
1. Set nets should not exceed 600 metres in length.
2. Surface nets shall be attended at all times.
3. No netting of any kind to take place within North Haven, South Haven and Wick Haven.
4. Fishermen should avoid setting nets within 50 metres of Skomer Island at all times.
REMEMBER Although the area covered by the sea is vast, it is not limitless. You have a duty to use your best endeavours to leave to future generations, what past generations have left to you.
You are encouraged to report to the Sea Fisheries Committee any matter of fisheries concern or any incident where you think that fisheries byelaws are being broken, as soon as possible, by phoning 01792 654466. If you wish, all calls can be treated in the strictest confidence, but more weight will be accorded to authenticated reports.
For more detailed information please visit:
South Wales Sea Fisheries Committee and
ID: 1187 Revised:21/05/2010
