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

Relating to Salmon, Trout & Freshwater 9 Fish

Regulation of Scallop Dredging in the Fal 19 & Helford European Marine Site Cornwall

Sea Fishery Byelaws Relating to Sea Fish 21

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.

CORNWALL RIVER AUTHORITY

FISHERY BYELAWS RELATING TO 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

RIVER BOARDS ACT, 1948

SALMON AND FRESHWATER FISHERIES ACT, 1923

FISHERY BYELAWS

We, the River Board for the Cornwall River Board Area, by virtue of the powers vested in US by Section 59 of the Salmon and Freshwater Fisheries Act, 1923, as applied by Section 4 of the Rivers Board Act 1948, do hereby make the following Byelaws which we consider necessary for r the bette administration, maintenance, protection, preservation and improvements of the fisheries in our Area:‐

1. INTERPRETATION (Confirmed 23rd January, 1953)

In these Byelaws, unless the context otherwise requires, the following words and expressions shall have the meanings hereby respectively assigned to them. All other words and expressions shall have the same meanings as are assigned to them in the Salmon and Freshwater Fisheries Act, 1923:

“the Act” means the Salmon and Freshwater Fisheries Act, 1923 , as applied by the River Boards Act, 1948, and any subsequent Order of enactment. “the Board” means the Cornwall River Board.

9 “the Area” means the Area as defined for the time being under the River Boards Act, 1948, as the Cornwall River Board Area.

“the Camel Fishery District” means the district comprising:‐

(a) that part of the Area which lies within the natural watersheds of any rivers or streams, including their estuaries, flowing into the sea between the eastern boundary of the Area on the north‐west coast near Marsland Mouth and the seaward extremity of Peal Point, Land’s End.

(b) the foreshore lying between a straight line drawn due west from the eastern boundary at Marsland Mouth and a straight line drawn due west from the seaward extremity of Peal Point.

(c) such part of the sea which her Her Majesty’s subjects have the exclusive right of fishing between the aforesaid limits.

“the Fowey Fishery District” means the district comprising:‐

(a) that part of the Area which lies within the natural watersheds of any rivers or streams, including their estuaries, flowing into the sea between the seaward extremity of Peal Point and Rame Head, both in the County of Cornwall.

(b) the foreshore lying between a straight line drawn due west from Peal Point, Land’s Ends and a straight line drawn due south from the seaward extremity of Rame Head.

(c) such part of the sea within which her Her Majesty’s subjects have the exclusive right of fishing between the aforesaid limits.

“the Tamar and Plym Fishery District” means the district comprising:‐

(a) that part of the Area which lies within the natural watersheds of any rivers or streams, including their estuaries, flowing into the sea between the seaward extremity of Rame Head in the County of Cornwall and St. Anchorite’s Rock in the County of Devon.

(d) the foreshore lying between a straight line drawn in a true southerly direction from the seaward extremity of Rame Head and St. Anchorite’s Rock.

(c) such part of the sea which her Her Majesty’s subjects have the exclusive right of fishing between the aforesaid limits.

The expression “Annual Close Season”, “Close Season”, ”Annual Close for Trout” or “Annual trout close season for rod and line” used in relation to any fish or any instrument mean respectively any period during which taking, killing or attempting

10 to take or kill that fish, or use of that instrument for those purposes, is prohibited by or under the Salmon and Freshwater Fisheries Act, 1923.

A “Licence” means a licence granted by the Board under the Salmon and Freshwater Fisheries Act, 1923, and “licensed” shall be construed accordingly.

The Interpretation Act, 1889, shall apply to the interpretation of these Byelaws as it applies to the interpretation of an Act of Parliament.

2. ANNUAL CLOSE SEASON FOR SALMON (Confirmed 23rd January , 1953) The annual close season for salmon shall be the period between the 31st day August and the 2nd day of March following.

3. ANNUAL SEASON FOR SALMON (ROD AND LINE)

The annual close season for fishing for salmon with rod and line shall be:‐

(1) in the Camel Fishery District, the Fowey Fishery District and that part of the Tamar and Plym Fishery District which comprises the River Plym and its tributaries upstream of Laira Bridge carrying the Plymstock to Plymouth road across the River Plym (reference points SX50085429 and SX 50225421 Ordnance Survey Map Sheet SX55 published 1959) the period between the 15th December and the 1st April following: (2) in the remainder of the Tamar and Plym Fishery District the period between the 14th October and the 1st March following:

4. ANNUAL CLOSE SEASON FOR TROUT (Confirmed 23rd January, 1953)

The annual close season for Trout shall be the period between the 31st August and the 2nd day of March following.

5. ANNUAL TROUT (OTHER THAN MIGRATORY TROUT) CLOSE SEASON FOR ROD AND LINE. (Confirmed 19th October, 1964)

The annual close season for fishing for Trout (other than migratory trout) with rod and line shall be the period between the 30th day of September and the 16th day of March following. REVOKED BY SWWA FISHERIES BYELAW 6(b?) 08.03.76

6. ANNUAL CLOSE SEASON FOR MIGRATORY TROUT (ROD AND LINE) (confirmed 28th January, 1964)

The annual close season for fishing for Migratory Trout with rod and line shall be:‐ (1) in the Camel Fishery District and the Fowey Fishery District the period between the 30th September and the 1st April following; (2) in the Tamar and Plym Fishery District the period between the 30th September and the 3rd March following.

11 7. NETS AND OTHER INSTRUMENTS (PERMITTED TYPES AND AREAS OF USE) (Confirmed 19th October, 1964)

The kind of nets and other instruments which (subject to Byelaw No. 8) may lawfully be used for taking salmon or migratory trout within the Area, that is to say:‐

(1) in so much of the area as lies above or to the landward side of the following lines respectively. (a) a line near the mouth of the River Tamar drawn straight from the seaward extremity of Devil’s Point to the seaward extremity of the landing place near Garden Battery at Mount Edgecumbe; (b) a line near the mouth of the River Plym, drawn true north from the harbour light at Mount Batten breakwater until it reaches the Citadel Sea Wall; (c) a line near the mouth of the River Yealm drawn true north from the seaward extremity of Mouthstone Point until it reaches the opposite shore near Wembury; (d) a line near the mouth of the River Fowey drawn straight from the seaward extremity of Saint Catherine’s Pont to the seaward extremity of Punch Cross; (e) a line near the mouth of every other stream, river or estuary not otherwise specified but excluding the River Camel;

shall be draft or seine nets, and rod and line.

(2) In all other parts of the Area in which their use is not prohibited by these Byelaws such nets and other instruments shall be draft and seine nets, drift or hang nets, and rod and line.

The use for taking salmon and migratory trout within the Area of all other descriptions of nets and of all other instruments is hereby prohibited, provided that this Byelaw shall not apply:‐

(a) to the use of a gaff if otherwise lawful or a tailer or landing net for the purpose of landing a fish already hooked by means of a rod and line lawfully used: (b) to any acts done by the Board for the purpose of the artificial propagation of fish, or for scientific purposes.

8 NETS (PROHIBITION ON USE IN CERTAIN AREAS) (Confirmed 23rd January, 1953)

The use for taking salmon or trout of any net except a landing net used in conjunction with a rod and line is hereby prohibited in all non‐tidal waters within the Area and in those tidal waters which lie within:‐

(i) the following distances of the point of confluence of the river known as the Slades River with the River Camel, namely :‐ between a line drawn across the said River Camel due north and south from the west face of the tower of parish church at Egloshayle and (a) the railway bridge across the River Camel at Grogley, (b) the bridge across the Slades River at Hingham Mill;

(ii) the following distance of the point of confluence of the Red or Milltown River, with the River Fowey,viz:‐ between a line drawn across the River Fowey true east from a granite post marked “Fowey F.D. 1900” fixed above high water mark on the right bank of the said river at a point fifteen yards or thereabouts south of the southern extremity of the railway bridge across the said Red or Milltown River, on the Lostwithiel and Fowey line of railway, and a line drawn across the said River Fowey along the upper side of Loswithiel Old Bridge. REVOKED BY BYELAW 31

9. NETS (DESCRIPTION,DIMENSIONS AND SIZE OF MESH) (Confirmed 23rd January, 1953)

The dimensions, size of mesh and description of such nets as are referred to in Byelaw No. 7 shall be as follows, that is to say:‐

(1) draft or seine nets shall be unarmoured nets without bags or pockets and consisting of a single sheet of netting measuring not more than two hundred yards in length and not more that ten yards in depth at any part. All such measurements to be made when the net is wet. (2) drift or hang nets shall be nets without bags or pockets and with or without armour. Such nets if unarmoured shall consist of a single sheet or wall of netting measuring not more than ten yards in depth, nor two hundred yards in length. If armoured such nets shall consist of a single sheet or wall of netting as above described, having attached round its four edges and on one or both sides a sheet or wall of armour measuring not more than six feet in depth, and having a mesh of not less that eleven inches from knot to knot, or forty‐four inches round the four sides. All such measurements to be made when the net is wet. (See note 2 at the end of these Byelaws regarding mesh sizes.)

10. NETS (MANNER OR METHOD OF USE) (Confirmed 23rd January, 1953) 11. The manner of using such nets are referred to in Byelaw No 7. shall be as follows, that is so say:‐

(1) One end of the rope of a draft or seine net shall be held on the shore or bank, and the net shall be shot or paid out from a boat which shall start from such shore or bank and shall return thereto without pause or delay and the net shall thereupon forthwith be drawn in to and landed on the shore or bank on which the rope is being held.

(2) in the case of a drift or hang the net shall be shot or paid out from a boat which shall be fastened to one end of the net by a rope and the net shall be used by floating or drifting with the tide, attached to such boat, and with or without a second boat attached by a rope to the other end of the net. Such boat or boats shall be manned by not more than six persons in all, and no fish shall be removed from the net otherwise than with the hands or by means of a landing net, and no drift or hang net shall be used within 200 yards from any part of another drift or hang net already in use.

13 11. CARRYING OF UNLICENSED NETS (Confirmed 23rd January, 1953)

The carrying in a boat or vessel whilst being used in fishing for salmon or trout of any draft or seine, drift or hang net which is not licensed or which, if licensed has not attached thereto the label prescribed by Byelaw No. 12 is hereby prohibited.

12. MARKING AND NUMBERING OF NETS AND BOATS (Confirmed 23rd January,1953)

A label to be issued by the board identifying by a number any licence granted by the Board to fish for salmon or migratory trout with draft or seine, drift or hang nets shall be attached and shall always be maintained attached either to the leaded end staff or pole or to the head rope of the net (as the case may be) for the use of which the licence is granted. The same number shall be conspicuously painted and maintained on the outside of any boat or vessel form from or in connection with which the net is rused nea the centre of the gunwale on each side in white letters not less than six inches high on a black ground.

13. CARRYING OF NETS DURING ANNUAL CLOSE SEASON. (Confirmed 23rd January, 1953)

No person shall during the close annual close season for salmon carry or permit to be carried or to remain in or upon any boat any net capable of taking salmon, other than a landing net or a net commonly used in the Area for sea fishing if carried in a boat or vessel used for that purpose.

14. STOCKING (Confirmed 23rd January, 1953) No salmon, trout or freshwater fish, nor any spawn thereof, may be introduced from any source into any waters within the Area without the previous consent in writing of the Board. REVOKED 31.10.77 (SAFFA 1975 SECTION 30)

15. TAKING OF UNDERSIZED TROUT (Confirmed 23rd January, 1953)

NO person shall take in any waters within the Area any trout of a length of seven inches or less, such length to be ascertained by measuring from the tip of the snout to the fork or cleft of the tail.

Provided that this Byelaw shall not apply to:

(1) any person who takes any undersized fish unintentionally if he at once returns the same to the water with as little injury as possible; or

(2) any owner or occupier of a several fishery (or his agent) who with the previous consent in writing of the Board takes any undersized fish for the purpose of improving his fishery or restocking other waters or for some scientific purposes.

14 16. PROHIBITION OF CERTAIN METHODS OF TAKING TROUT (Confirmed 23rd January, 1953)

No person shall catch, or attempt to catch trout by bailing or lading out a pool or hole in any river or stream, or by tickling or groping.

17. METHOD OF TAKING TROUT (Confirmed 23rd January, 1953)

The only kind of instrument which may be lawfully be used for the purpose of taking trout (other than migratory trout) within the Area shall be a rod and line and the use of all other instruments for the said purpose is hereby prohibited. Provided that this Byelaw shall not apply to the use of a landing net for the purpose of landing a fish already hooked by means of a rod and line lawfully used.

18. REMOVAL OF FISH (Confirmed 23rd January, 1953)

No person (other than a member or Bailiff of the River Board acting in his official capacity) shall take or remove any live fish or any dead fish from any waters within the Area unless acting in accordance with a written authority of the Board or otherwise lawfully authorised so to do.

19. USE OF GAFF (Confirmed 23rd January, 1953)

It shall not be lawful to use a gaff in connection with fishing with rod an line for salmon and migratory trout in any waters within the Area except between the 14th day of April and the 1st day September following.

20. MAINTENANCE OF GRATINGS (Confirmed 23rd January, 1953)

The obligations imposed under dub‐section (1) of Section 23 of the Salmon and Freshwater Fisheries Act, 1923, to place and maintain a grating or gratings across any conduit or artificial channel for the purpose of preventing the descent of salmon or migratory trout shall not be in force during the period between the 30th day of June and the 1st day of December following; but the obligations imposed by sub‐ section (2) of Section 23 of the Salmon and Freshwater Fisheries Act, 1923, to place and maintain a grating or gratings across the outfall of any conduit or artificial channel for the purpose of preventing salmon or migratory trout shall be in force throughout the year.

21 RETURNS OF SALMON AND MIGRATORY TROUT TAKEN BY RODS AND NETS

All persons fishing for salmon and/or migratory trout within the Area shall, within 14 days after the expiration of the period of their licences make full and true returns to the Clerk of the Authority on forms supplied bye th Authority of the number, weight, rivers in which and dates on which, salmon and/or migratory trout were taken by them or a statement that they have taken no such fish.

22. METHOD OF FISHING WITH ROD AND LINE (Confirmed as byelaw numbered 23 on 23rd January, 1953 and subsequently renumbered 22)

15 No person shall use a rod and line except with a natural or artificial bait or lure or fly and only for the purpose of taking fish by hooking them in the mouth.

23. LIMITATION ON USE OF ROD AND LINE (Confirmed as byelaw numbered 24 on 23rd January, 1953 and subsequently renumbered 23)

No person shall fish with more than one rod and line at the same time.

24. LIMITATION ON USE OF ROD AND LINE:CAMEL, FOWEY, AND TAMAR AND PLYM DISTRICTS

In the Camel, Fowey, and Tamar and Plym Districts, no person shall for the purpose of fishing in any river or stream, use more than one rod and line at the same time.

25. ROD AND LINE (CONTROL BY ANGLER) (Confirmed as byelaw numbered 25 on 23rd January, 1953 and subsequently renumbered 24)

No person shall leave a rod and line with the bait or hook thereof in the water unattended or out of sight or otherwise without having sufficient control thereof.

26. UNLAWFUL METHODS OF TAKING FISH (Confirmed as byelaw numbered 26 on 23rd January, 1953 and subsequently renumbered 23)

No person shall use or attempt to use any night hook, fixed hook, night line, hand line or fixed line for taking salmon, trout or freshwater fish in any waters within the Area.

27. REVOCATION OF BYELAWS (Confirmed as byelaw numbered 27 on 23rd January, 1953 and subsequently renumbered 26) The Byelaws made by: ‐ (a) The Camel Board of Conservators; (b) The Fowey Board of Conservators; and (c) The Tamar and Plym Board of Conservators. are hereby revoked with the exception of the Byelaw set out in the schedule hereto.

THE SCHEDULE (Revoked 28th January, 1964)

28. WEEKLY CLOSE TIME FOR SALMON AND TROUT (OTHER THAN ROD AND LINE) (Confirmed 12th February, 1962)

The weekly close time for salmon and trout in the Tamar and Plym Fishery District shall, between the 1st day of March and the 1st day of June following, be the period between the hour of six on Friday morning and the hour of six on the following Monday morning: and between the 31st day of May and the 1st day of September following, be the period between the hour of six on Saturday morning and the hour of six on the following morning.

29. REVOCATION OF EXISTING BYELAW (Confirmed 12th February, 1962)

Byelaw No.3 relating to the close season for salmon (rod and line) made by the Cornwall River Board and confirmed subject to modification, by the Minister of Agriculture and Fisheries on the 23rd day of January, 1953, is hereby revoked.

30. REVOCATION OF BYELAW

Byelaw No.3 relating to the close season for salmon (rod and line) made by the Cornwall River Board and confirmed by the Minister of Agriculture and Fisheries on the 23rd day of January, 1964, is hereby revoked.

(2) The actual mesh of nets which may be used is directly prescribed under Section 7 of the Salmon and Freshwater Fisheries Act, 1923, which stipulates that a net for taking salmon and migratory trout must not have a mesh of less dimensions than two inches in extension from knot to knot (the measurement to be made on each side of the square) or eight inches measured round each mesh when wet, except in the case of a landing‐net use as auxiliary to angling with rod and line. This is not part of these Byelaws but is included as relevant information.

30. NETS (PROHIBITION ON USE)

The use for taking salmon or trout of any net except a landing‐net in conjunction with a rod and line is hereby prohibited in all tidal and non‐tidal waters within the are.

Provided that this Byelaw shall not apply to the use of nets

(a) in those parts of the public waters of the River Tamar above or to the landward side of a line drawn straight from the seaward extremity of Devil’s Point to the seaward extremity of the landing‐place near Garden Battery at Mount Edgecumbe; (b) in those parts of the public tidal waters of the River Tavy upstream of the railway bridge near the confluence with the River Tamar known as the Tavy Bridge; (c) in those parts of the public tidal waters of the River Lynher upstream of a line drawn due south across the river from the southernmost extremity of Wearde Quay; (d) in those parts of the public tidal waters of the River Fowey between a line drawn straight from the seaward extremity of St. Catherine’s Point to the seaward extremity of Punch Cross and a line drawn across the River Fowey true east from a granite post marked “Fowey F.D. 1900” fixed above high water mark on the right bank of the said river at a point fifteen yards or thereabouts south of the southern extremity of the railway bridge across the Red or Milltown River, on the Lostwithiel and Fowey line of railway;

(e) in those parts of the public tidal waters of the River Camel between a line drawn from the seaward extremity of Stepper Point to the seaward

17 extremity Pentire Point and a line drawn across the River Camel due north and south from the west face of the tower of the Parish Church of Egloshayle, and (f) in those parts of the public tidal waters to the seaward side of a line drawn at or near the mouth of the River Looe between the lantern on the Banjo Pier and chimney rock and between lines drawn due south from Downend Point and Millendreath Stream.

31. REVOCATION OF BYELAW

Byelaw No.8, relating to the prohibition on use of nets in certain Areas, made by the Cornwall River Board and confirmed by the Minister of Agriculture and Fisheries on 23rd January 1953, is revoked.

32. CLOSE SEASON FOR FRESHWATER FISH.

There shall be no annual close season for freshwater fish in the Area.

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

21 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:

22 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.