THE ENVIRONMENT AGENCY SOUTH WEST REGION Byelaws Contents Byelaw Page Contents 1 Regulation of Bass Size in Cornish 3 Estuaries Regulation of Cockle Harvesting in 5 Cornish Estuaries Relating to Oysters 7 Regulation of Scallop Dredging in the Fal 9 & Helford European Marine Site Cornwall Sea Fishery Byelaws Relating to Sea Fish 11 SW1 Prohibition of Nets 17 1 THE ENVIRONMENT AGENCY SOUTH WEST REGION SEA FISHERIES REGULATION ACT 1966 ENVIRONMENT ACT 1995 BYELAWS FOR THE REGULATION OF BASS SIZE IN CORNISH ESTUARIES The Environment Agency ( the “Agency”) in exercise of its powers under Sections 5 and 18 of the Sea Fisheries Regulation Act 1966 and the Environment Act 1995 and all other powers enabling it in that behalf makes the following byelaws : Byelaw 1 Application of Byelaws; These byelaws shall apply to the following areas (“the areas”) where the Agency has the powers of a local fisheries committee by virtue of the Cornwall Sea Fisheries District (Variation) Order 1980 and shall extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of any estuary as follows up to the recognised tidal limit thereof:‐ A line drawn across the river Camel, from the westernmost extremity of Trebetherick Point to the seaward extremity of Stepper point; A line drawn across the Helford River, on a bearing of 195 true from Mawnan Shear to a point on the opposite shore; A line drawn across the River Fal (Carrick Roads), from the southernmost extremity of Pendennis Point to the lighthouse at St Anthony Head; A line drawn across the River Fowey, from the southernmost extremity of St. Catherine`s Point to the highest point of the Punch Cross Rocks, thence to the nearest point on the mainland; A line drawn across the Looe River, from the seaward extremity of Nailzee Point to the seaward extremity of Outer Pier at Looe; 3 A line drawn across every river, stream or estuary not hereinbefore specified, such line being in continuation of the general line of low water. Byelaw 2 Minimum Size for Bass 1. No person shall remove from a fishery within the areas any bass which measures less than 37.5cm in length. 2. the length of the bass shall be ascertained by measuring from the tip of the snout to the extreme end of the tail fin. Any bass caught which measures less than the length specified in this byelaw shall be returned to the water with as little injury as possible. Byelaw 3 These byelaws shall not apply to any person removing such bass for scientific purposes with the written authority of the Agency and in accordance with the conditions contained in that authority. 4 THE ENVIRONMENT AGENCY SOUTH WEST REGION SEA FISHERIES REGULATION ACT 1966 ENVIRONMENT ACT 1995 BYELAWS FOR THE REGULATION OF COCKLE HARVESTING IN THE CORNISH ESTUARIES The Environment Agency ( the “Agency”) in exercise of its powers under Sections 5 and 18 of the Sea Fisheries Regulation Act 1966 and the Environment Act 1995 and all other powers enabling it in that behalf makes the following byelaws : Byelaw 1 Application of Byelaws; These byelaws shall apply to the following areas (“the areas”) where the Agency has the powers of a local fisheries committee by virtue of the Cornwall Sea Fisheries District (Variation) Order 1980 and shall extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of any estuary as follows up to the recognised tidal limit thereof:‐ A line drawn across the river Camel, from the westernmost extremity of Trebetherick Point to the seaward extremity of Stepper point; A line drawn across the Helford River, on a bearing of 195 true from Mawnan Shear to a point on the opposite shore; A line drawn across the River Fal (Carrick Roads), from the southernmost extremity of Pendennis Point to the lighthouse at St Anthony Head; A line drawn across the River Fowey, from the southernmost extremity of St. Catherine`s Point to the highest point of the Punch Cross Rocks, thence to the nearest point on the mainland; A line drawn across the Looe River, from the seaward extremity of Nailzee Point to the seaward extremity of Outer Pier at Looe; 5 A line drawn across every river, stream or estuary not hereinbefore specified, such line being in continuation of the general line of low water. Byelaw 2 Minimum Size of Cockles a) No person shall remove from the estuaries as defined in Byelaw1 above, any cockle that will pass through a space of 20 millimetres width. b) Any person who removes cockles contrary to the provisions of these byelaws shall re‐deposit them as near as possible to the place from where they were taken. c) A cockle is deemed to be removed as soon as it is placed in any container, bag, trailer, vehicle or vessel. Byelaw 3 Temporary Closure of Cockle Beds (a) The Agency will from time to time monitor shellfish beds in the areas and shall carry out appropriate scientific assessments of stocks (b) The Agency may, for the purpose of fishery management and control of exploitation and after consultation with persons or bodies who appear to them to represent those cockle fishermen who traditionally fish the area, close for a specific period any bed or part of a bed in the areas. (c) Details of such closure will be set out in notices displayed in the vicinity or published in a newspaper circulated in the area, clearly indicating the bed or part thereof where cockles may not be removed or disturbed and the period of time during which the closure will be in force. (d) No bed or part of a bed may remain closed under this Byelaw at any one time for a period in excess of one year without a review by the Agency. (e) No person shall, without the written authority of the Agency, remove, take or disturb any cockle from a bed or part of a bed which has been closed under this byelaw. Byelaw 4 Acceptable Methods of Harvesting No person shall fish for cockles except by hand or with a non‐mechanical hand tool. Byelaw 5 Exemptions The provisions of these byelaws shall not apply to any person who, with written permission of the Agency, uses any instrument or mode of fishing or vehicle or vessel to take cockles of any size and in any place and at any time prohibited by these byelaws; (a) for scientific purposes ; or (b) for the purpose of preservation, improvement or the development of the fishery 6 CORNWALL RIVER AUTHORITY SEA FISHERY (SHELL FISH) BYELAWS RELATING TO OYSTERS Transfer of functions from Cornwall River Board. By virtue of Section 5 of the Water Resources Act, 1963, as from the 1st April, 1965, all the functions (including these byelaws) which immediately before the aforementioned date were exercisable by the Cornwall River Board by virtue of Section 4 of the River Boards Act, 1975 were transferred to the Cornwall River Authority as established under the said Act of 1963. CORNWALL RIVER BOARD RIVER BOARDS ACT, 1948 SEA FISHERIES REGULATION ACT, 1888 SEA FISHERIES BYELAWS WE, the River Board for the Cornwall River Board Area, by virtue of the powers vested in US by Section 2 of the Sea Fisheries Regulation Act, 1888, as extended by Section 1 of the Sea Fisheries (Shell Fish)Regulation Act, 1894, and as applied by Section 4 of the River Boards Act, 1948, and of all other powers enabling us in that behalf do hereby make the following Byelaws which we consider necessary for the regulation, protection and development of fisheries of shellfish: 1. INTERPRETATION In these Byelaws, unless the context otherwise requires the following words and expressions shall have the meanings hereby respectively assigned to them “the Board” means the Cornwall River Board. “The Board’s Area” means the area as defined for the time being under the River Boards Act, 1948, as the Cornwall River Board Area. “the limited area” means the area as defined in Byelaw 2 hereof. 7 2. AREA OF APPLICATION These Byelaws shall apply only to the limited area within the Board’s Area containing all those rivers and estuaries which flow into the sea between the eastern boundary of the Board’s Area in the north‐west coast near Marsland Mouth and the seaward extremity of Rame eHead on th south coast in the County of Cornwall, above:‐ a straight line at or near the mouth of the river Camel from the westernmost extremity of Trebetherick Point to the seaward extremity of Stepper Point; a straight line at or near the mouth of the Helford River from Tindern Farm House to the southernmost extremity of Mawnan Chair; a straight line at or near the mouth of the river Fal from the southernmost extremity of Pendennis Point to the lighthouse, St Anthony; a straight line at or near the mouth of the river Fowey from the southernmost extremity of St. Catherine’s Point to the highest point of Punch Cross, and dcontinue thence to the nearest point on the mainland; a straight line at or near the mouth of the Looe River from the seaward extremity of Nailzee Point to the seaward extremity of the outer pier; a straight line across the mouth of every such river, stream or estuary not hereinbefore specified, such line being a continuation of the general line of low water mark. 3. RELAYING OF OYSTERS No person shall relay in a fishery within the limited area any oyster taken from a fishery in Kent or Essex except with the consent in writing of the Board which shall be given if, but only if, in the opinion of the Board the oyster to be relaid is unlikely to introduce into the limited area the American tingle pest.