THE ENVIRONMENT AGENCY SOUTH WEST REGION Byelaws

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

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.

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

Byelaw 1 Application of Byelaws;

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

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.

THE ENVIRONMENT AGENCY

SOUTH WEST REGION

SEA FISHERIES REGULATION ACT 1966

ENVIRONMENT ACT 1995

BYELAW FOR THE REGULATION OF SCALLOP DREDGING IN THE FAL AND HELFORD EUROPEAN MARINE SITE CORNWALL

The Environment Agency (“the Agency”) in exercise of its powers under Section 5 of the Sea Fisheries Regulation Act 1966 and Section 102 of the Environment Act 1995 and all other powers enabling it in that behalf makes the following Byelaw which may be cited as the Fal and Helford Sea Fisheries District Methods of Fishing (Dredges) Byelaw

Application of the Byelaw

This Byelaw shall apply to the following Sea Fisheries District (“the District”) where the Agency has the powers of a local fisheries committee by virtue of the Sea Fisheries Act 1966 (“the Act”) and the Cornwall Sea Fisheries District (Variation) Order 1980 except in cases to which the provisions of Section 6 of the Act apply and shall extend above a line drawn near the mouth of every river or stream flowing into the sea or into any estuary or of any estuary within the limits of the District as follows:

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 the Pendennis Point to the lighthouse at St Anthony Head.

Restriction on Dredging

No person shall carry out or cause or permit or assist any other person to carry out any mechanical dredging for scallops.

Exemptions

The provision of this Byelaw shall not apply to any person who within written permission of the Agency subject to such conditions as may be specified uses any such dredge for scientific purposes or for the purpose of preservation improvement of the development of the District.

SEA FISHERY BYELAWS RELATING TO SEA FISH (excluding Salmon, Trout and Freshwater Fish)

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, 1948 were transferred to the Cornwall River Authority as established under the said Act of 1963.

CORNWALL RIVER BOARD

WATER RESOURCES ACT, 1963

SEA FISHERIES REGULATION ACT, 1966

FISHERY BYELAWS

(Relating to Sea Fish, excluding salmon and brown and migratory trout.)

EXPLANATORY NOTE (These notes are not part of the Byelaws.)

(1) Under an Order made by the Board of Trade by virtue of powers conferred by the Salmon and Freshwater Fisheries Acts, 1861 to 1886, and dated 1st March, 1890, the limits of the District of the then Board of Conservators of the Camel Fishery District were drawn to include (inter alia) so much of the sea coast as lies between a straight line drawn due west from the boundary between the Counties of Devon and Cornwall at Marsland Mouth and a straight line drawn due west from the western boundary of the Fowey Fishery District at Peal Point, Land’s End, in the County of Cornwall; all rivers and streams flowing into the sea between the said points; the estuaries of such rivers or streams, and all rivers, streams, lakes and waters tributary to or connected with such rivers, streams or estuaries being within the County of Cornwall.

(2) By virtue of an Order made by the Board of Trade under the powers conferred upon them by the Salmon and Freshwater Fisheries Acts, 1861 to 1886, and dated 1st March, 1890, the limits of the district of the then Board of Conservators of the

11 Fowey Fishery District was enlarged to include (inter alia) so much of the sea coast as lies between a straight line drawn due west from Peal Point, Land’s End, being the southern boundary of the Camel Fishery District, and a straight line drawn due south from the seaward extremity of Rame Head, being the western boundary of the Tamar and Plym Fishery District both in County of Cornwall; all rivers and streams flowing into the sea between the said points; the estuaries of such rivers or streams; and all rivers, streams, lakes and waters tributary to or connected with such rivers, streams or estuaries being within the County of Cornwall.

(3) Under an Order dated 28th March,1890, made by the Board of Trade under the Sea Fisheries Regulation Act, 1888, for the purpose of creating the Cornwall Sea Fisheries District and a local fisheries Committee to regulate the sea fisheries carried on within such District, the Boards of Conservators of the said Camel and Fowey Fishery Districts were similarly given the powers of local fishery Committees for the purpose of the said Regulation Act of 1888 above a line drawn in manner following at or near the mouth of every river or stream flowing into the sea or any estuary within their respective districts as under:

CAMEL FISHERY DISTRICT

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 across the mouth of every such river, stream or estuary not otherwise specified, such line being in continuation of the general line of low water mark.

FOWEY FISHERY DISTRICT

A straight line at or near the mouth of the Helford River from 195 to the southernmost extremity of Mawnan Shear;

a straight line at or near the mouth of the River Fal from the southernmost extremity of Pendennis Point to the Lighthouse, St Antony;

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 continued thence to the nearest point on the mainland;

a straight line at or near the mouth of the River Looe 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 in continuation of the general line of low water mark.

(4) Pursuant to the powers contained in the Sea Fishery Regulations Acts, 1884 to 1894, the Boards of Conservators for the Camel and Fowey Fishery Districts respectively made the undermentioned Byelaws for the purpose of their powers as local fisheries Committees:

12 Camel Fishery District Pages to Post Fowey Fishery District Pages to Post

(5) On the constitution of the Cornwall River Board in accordance with the provisions of the River Boards Act, 1948, the Boards of Conservators for the said Camel and Fowey Fishery Districts ceased to exercise their functions and the administration of such functions (including the Sea Fisheries powers and Byelaws as aforesaid) became exercisable by the said River Board in accordance with the provision of Section 4 of the said Act of 1948, until transferred to the Cornwall River Authority.

CAMEL FISHERY DISTRICT

(Sea Fisheries Powers now performed by the Cornwall River Board)

(The rivers and estuaries between Peal Point and Marsland Mouth, above lines at or near their mouths).

1. APPLICATION (17th November , 1899)

Unless otherwise specified, and except in the cases to which the provisions of the 13th Section of the Sea Fisheries Regulation Act, 1888, apply, the following Byelaws shall apply to the whole of the area or areas within which the Board of Conservators of the Camel Fishery District have the powers of a Local Fisheries Committee.

2. STEAM TRAWLING: PROHIBITION OF (17th November , 1899)

Steam trawling is hereby prohibited.

3. NETS, TRAWL AND TRAMMEL: PROHIBITION OF (17th November , 1899)

No person shall use any kind of trawl net or trammel net in fishing for sea fish.

4. NETS: CLOSE TIME FOR (17th November , 1899)

Within the portions of the said area or areas which lie respectively above straight lines drawn (a) from Penally Point to Willow Park Point at Boscastle; (b) from the Railway Bridge at St Issey to Porthilly Church in St. Minver; (c) from Trevalga Head to Glendargal Point at Porth; and (d) from East Pentyre Point to West Pentyre Point at Newquay, no person shall use in fishing for sea fish any net between the 1st day of December, and the 1st day of April following, both inclusive.

5. NETS: MESH OF (17th November , 1899)

No person shall use in fishing for sea fish any net of a smaller mesh than one‐inch‐ and‐a‐half from knot to knot or six inches round measured when the net is wet.

6. DETRIMENTAL SUBSTANCES: DEPOSIT OF (17th November , 1899)

The deposit or discharge of any solid or liquid substance detrimental to sea fish or sea fishing is hereby prohibited.

FOWEY FISHERY DISTRICT

(Sea Fisheries Powers now exercised by the Cornwall River Board)

(The rivers and estuaries between Rame Head and Peal Point above certain lines at or near their mouth)

BYELAWS

1. APPLICATION (18th November, 1896)

The following Byelaws shall apply to the whole of the area or areas in respect of which the Board of Conservators of the Fowey Fishery District have the powers of a Local Fisheries Committee under the Sea Fisheries Regulation Acts, 1888 to 1894, unless otherwise specified, and except ins the case to which the provisions of the 13th Section of the Sea Fisheries Regulation Act, 1888 apply.

2. TRAWL NETS: PROHIBITION OF (11th September, 1901)

No Persons shall use any kind of trawl net in fishing for sea fish.

3. NETS, DRAFT, SEINE: MESH OF, CLOSE TIME (11th September, 1901)

No person shall in fishing for sea fish between the expiration of the first hour after sunset and the commencement of the last hour before sunrise any draft or seine net having a mesh of less dimensions than‐one‐inch‐and‐a‐half from knot to knot, or six inches round measured when wet

4. TRAMMELS: SIZE OF (11th September, 1901)

No person shall use in fishing for sea fish any trammel net exceeding 65 fathoms in length.

5. TRAMMELS: MODE OF USING (11th September, 1901)

No person shall use in fishing for sea fish any trammel net in such manner that any portion thereof shall be joined to, or shot or worked within a distance of 100 yards from any portion of any other net whatever.

6. OYSTERS AND MUSSELS: CLOSE TIME (Confirmed 18th November, 1896‐Amended 8th December,1898)

No person shall dredge or fish for or take oysters or mussels between the hours of 4pm on one day and 8am on the following day, provided that this Byelaw shall apply only to such portion of the abovementioned area or areas as lies above a straight line drawn at or near the mouth of the River Fal from the southernmost extremity of Pendennis Point to the Lighthouse, St Anthony.

7. CULCH: RE‐DEPOSIT (18th November, 1896)

No person shall remove from a fishery any culch or other material for the reception of spat, and any person lifting any culch or such material while fishing or dredging, or otherwise, shall forthwith re‐deposit the same material without injury below low water mark of ordinary spring tides and as nearly as possible from which it was lifted.

8. DETRIMENTAL SUBSTANCES: DEPOSIT OF (11th September, 1899)

The deposit or discharge of any solid or liquid substance detrimental to sea fish or sea fishing is hereby prohibited.

9. NETS: CLOSE AREA, MINIMUM MESH (7th March. 1935)

No person shall use in fishing for sea fish in that part of the River Fowey which is above a line drawn from Wiseman’s Stone to the shore end of No.8 jetty Fowey Harbour any net having a mesh of less than six inches.

A net shall bed deeme to have a mesh of less than that number of inches when a square gauge measuring 6 inches round the four sides thereof will not pass through it without pressure when the net is wet.

ENVIRONMENT AGENCY SOUTH WEST REGION SEA FISHERIES BYELAWS

SEA FISHERIES REGULATION ACT 1966

NETTING IN CAMEL & FOWEY 1992

The following Net Fishing Byelaws are in force throughout the Cornwall Area of the South West Region of the Environment Agency

NATIONAL RIVER AUTHORITY BYELAWS SW1 PROHIBITION OF NETS

No net shall be used during the months of May to December inclusive for taking fish in any tidal waters inshore of the closing lines specified herein:

1. A line drawn across the River Camel, from the westernmost extremity of Trebetherick Point to the seaward extremity of Stepper Point.

2. A line drawn across the River Fowey, from the southernmost extremity of St Catherine’s Point to the highest point of Punch Cross Rocks, thence to the nearest point on the mainland.

Provided that this Byelaw shall not prohibit the use of;

(a) Fyke nets for taking eels, licensed by the Environment Agency

(b) seine or drift nets for taking salmon or sea trout, licensed by the Environment Agency

(c) seine nets with a mesh no greater than 20mm knot to knot stretched for taking sand eels with the prior permission in writing of the Environment Agency; or

(d) landing nets used in conjunction with rod and line.