Public Consultation Net Fishing Management for Estuaries, Harbours and Piers in Dorset, Hampshire and the Isle of Wight To be read in conjunction with Supporting Evidence Document October – December 2018 1 Summary Table Topic of this The topic of this consultation is the management of net fishing consultation activities in the Southern IFCA district. Intended This is a Public Consultation and anyone is welcome to Audience respond. Responsible Southern Inshore Fisheries and Conservation Authority (IFCA) Body Purpose The purpose of this consultation is to consult the community on the proposed development of new net fishing measures for the Southern IFCA district. Duration Consultation start: 15th October 2018 Consultation end: 7th December 2018 Enquiries During the consultation: [email protected] or telephone 01202 721373. After this consultation a summary of the responses received will be placed on our website at www.southern-ifca.gov.uk How to Reponses must be submitted by 7th December 2018. respond You can respond in writing by email to: [email protected] Or by post to: Southern IFCA, 64 Ashley Road, Parkstone, Poole, Dorset BH14 9BN Contents Section 1: Introduction .......................................................................................................... 3 1.1 Current Management 3 1.2 Our Duties 3 1.3 This Review 4 1.4 Your Role 5 Section 2: Our Proposals ...................................................................................................... 6 2.1 Definition of Ring Net Use 6 2.2 Grey Mullet Minimum Size Increase 7 2.3 Net Management Areas 8 2.3.1 Harbours and Estuaries 8 2.3.2 Piers 8 Proposed Net Management Area Maps 1 - 10 10-17 Section 3: Questions ........................................................................................................... 18 Section 4: Next Steps .......................................................................................................... 19 Section 5: Data Protection .................................................................................................. 19 Supporting Evidence ........................................................................................................... 21 Annex I: Table of Proposed Net Management Areas 22 Annex II: Existing Measures 23 Annex III: Net Management Area Selection Evidence 25 Annex IV: Temporal Salmonid Migration 36 2 1. Introduction The harbour and estuarine waters of Dorset, Hampshire and the Isle of Wight are highly bio- diverse and ecologically rich habitats, providing valuable nursery and refuge areas for a variety of fish species. These transitional waters also form an important migratory route for salmon and sea trout as they leave and re-enter our riverine environments. Our harbours, estuaries and piers are also important places for people, offering a place to enjoy through recreation or somewhere to make an income. In particular, these areas hold great significance for recreational and commercial fisheries. Net fishing is an activity which has been carried out by fishers in the estuaries, harbours and coastal waters of Dorset, Hampshire and the Isle of Wight for generations. Net types and fishing methods have evolved over time to reflect the target species, local environment, technological advances and the people using them. At the same time, the impacts of developing fishing methods on the marine environment and fish populations have changed. It is important to take the opportunity to consider how these activities can be better managed to better support these habitats, species and human users, promoting positive economic and social benefits for coastal communities. 1.1 Current Management Within the Southern IFCA district there exists a complex range of management measures relating to the use of nets in harbours and estuaries (Annex II). These measures include Southern IFCA byelaws such as the Fixed Engines1 Byelaw, the Sea Fisheries Fixed Engine Prohibition Byelaw2 and the Regulation of the Use of Stake or Stop Nets in Langstone Harbour3 legacy Byelaw, national legislation, including Bass Nursery Areas4, local regulations such as Harbour Master byelaws or land-owner permissions, and voluntary codes such as the Southern IFCA Netting Code of Practice5. European Union measures outline reQuired mesh sizes and the marking of fishing nets at sea6. Specifically, within 6nm, regulations reQuire that nets are labelled in a prescribed manner and it is recommended that marker buoys are used and marked with the vessel’s port letter and numbers (PLN) so that gear is easily identifiable. Recreational fishers, or fishers from the shore, are currently allowed to fish with nets within the district, providing that they follow relevant net regulations. This review provides an opportunity, in line with the Authority’s duties, to consider the value of existing measures as well as the need for further management with an aim of rationalising, improving and simplifying net management arrangements in the Southern IFCA district. 1.2 Our Duties The nationally agreed vision of the IFCAs is that they will “lead, champion and manage a sustainable marine environment and inshore fisheries within their Districts by successfully 1 http://www.southern-ifca.gov.uk/byelaws#Fixed-Engines 2 http://www.southern-ifca.gov.uk/byelaws#SeaFishFixEngPro 3 http://www.southern-ifca.gov.uk/byelaws#Regulation-of-the-Use-of-Stake-or-Stop-Nets-in- Langstone-Harbour 4 https://secure.toolkitfiles.co.uk/clients/25364/sitedata/files/BassNurseryBooklet.pdf 5 https://secure.toolkitfiles.co.uk/clients/25364/sitedata/files/Nettingcodeofpractice.pdf 6 https://www.gov.uk/guidance/marking-of-fishing-gear-retrieval-and-notification-of-lost-gear 3 securing the right balance between social, environmental and economic benefits to ensure healthy seas, sustainable fisheries and a viable industry”. Under Section 153 of the Marine and Coastal Access Act, 20097 Southern IFCA must manage the exploitation of sea fisheries resources in the district. In doing so, the Authority must: (a) seek to ensure that the exploitation of sea fisheries resources is carried out in a sustainable way, (b) seek to balance the social and economic benefits of exploiting the sea fisheries resources of the district with the need to protect the marine environment from, or to promote it recovery from, the effects of such exploitation, (c) take any other steps which in the authority's opinion are necessary or expedient for the purpose of making a contribution to the achievement of sustainable development, and (d) seek to balance the different needs of persons engaged in the exploitation of sea fisheries resources in the district. Furthermore, the Authority has responsibilities to manage fishing activities within sites of conservation importance such as Special Areas of Conservation (SAC)8, or Sites of Specific Scientific Interest (SSSI)9. This is of particular relevance to this review as, within the district, the Atlantic salmon (Salmo salar) is listed as a species of Community interest in two SACs and both the Atlantic salmon (Salmo salar) and the brown/sea trout (Salmo trutta) are referenced in the citations of several SSSIs. Additionally, the Atlantic salmon was identified as a priority species under the UK Biodiversity Action Plan (BAP) and subsequently listed as a Species of Principal Importance under the Natural Environment and Rural Communities Act 200610. Under Section 155 of the Marine and Coastal Access Act, 200911 the Authority has the power to make byelaws for the district. IFCA Byelaw Guidance12 outlines the management options and scope of IFCA byelaws. 1.3 This Review Through the Authority’s strategic review of management measures13, the Authority identified that it was a priority to review the management of near-shore netting & nursery areas in the district. Following Authority consideration14, Members identified their objectives to review and, if necessary, develop netting regulations to: 7 http://www.legislation.gov.uk/ukpga/2009/23/section/153 8 Under Article 6(2) of the EU Habitats Directive “Member States shall take appropriate steps to avoid… the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive”. The Conservation of Habitats and Species Regulations 2010 (as amended) requires that the IFCA exercise its functions, which are relevant to marine conservation so as to secure compliance with the requirements of the Habitats Directive and Birds Directive. 9 Under section 28G of the Wildlife and Countryside Act 1981, fisheries regulators must take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of features for which the is designated. 10 http://www.legislation.gov.uk/ukpga/2006/16/contents 11 http://www.legislation.gov.uk/ukpga/2009/23/contents 12 http://www.association-ifca.org.uk/Upload/About/ifca-byelaw-guidance.pdf 13 http://www.southern-ifca.gov.uk/review-of-management-measures 14 Minutes of the Southern IFCA Technical Advisory Committee, 31-08-17 4 i. Support the use of estuaries and harbours by bass and other fish populations as nursery and refuge areas; ii. Provide protection to migratory fish species as they transit through our estuaries and harbours; and, within these areas iii. Balance the social and economic benefits and different needs of users in exploiting