Changes To Law Protect Dorset Salmon & Sea Trout

[Elton]

More details here:

 

http://www.anglersnet.co.uk/News/salmon_se...out_030707.html

[glennk]

Its amazing the protection Salmon and sea trout get. We see it locally here with a byelaw forbidding netting on the shore and in the rivers and its heavily policed.

[barry luxton]

Its amazing the protection Salmon and sea trout get. We see it locally here with a byelaw forbidding netting on the shore and in the rivers and its heavily policed.

 

Back door policy for the 'golden mile'.

Edited July 3, 2007 by barry luxton

[Leon Roskilly]

Under the Salmon and Freshwater Fisheries Act 1975, all fixed gill-netting is illegal!

 

However, Sea Fisheries Committees have been given the power to introduce enabling byelaws which allows fixed gill nets to be set in places, in ways, and at times of the year, that will not interfere with a run of slamon/and or sea trout, making them legal.

 

And where there is good evidence that the setting of nets will interefere with a run of salmonoids, the Environment Agency can require the SFC to change/revoke such enabling byelaws.

 

As far as enforcement is concerned, it's the EA that is responsible for enforcing regulations that protect salmon and trout, often working with the SFC fisheries officers.

 

INFORMATION ON SALMON AND SEA TROUT LEGISLATION AFFECTING THE SETTING AND USE OF FIXED NETS (FIXED ENGINES) IN CORNISH COASTAL FISHERIES OUT TO 6 MILES IN ENGLAND AND WALES

 

 

Introduction

 

There is often confusion amongst inshore coastal fishermen regarding what nets can be set and used in which places around the coast of Cornwall. In many cases, inshore fishermen seeking to set nets for marine species, such as bass and mullet, are unaware that regulations and prohibitions exist on the setting and use of fixed nets (fixed engines) for any species.

 

Much of the confusion arises because the prohibitions on the use of unauthorised fixed nets on the coast and in estuaries, (irrespective of species sought), are contained in legislation covering the protection of salmon and sea trout.

 

Many inshore commercial fishermen do not regard migratory salmonids as true marine species due to the annual migrations of these fish into freshwater to spawn. In actual fact, migratory salmonids probably spend more time in the sea than they do in freshwater. Salmon undertake feeding migrations between local waters and international waters. Sea trout (also known locally as “peal”) tend to undertake annual feeding migrations within inshore waters.

 

On the return from the sea to spawn in rivers, both salmon and sea trout, (“salmonids”), swim close to the shore (within one mile) and often near the surface (within 3 metres) before entering estuaries. In many cases, both species will shoal up in estuaries, coastal bays and near headlands before entering rivers. This is often the case when rivers are low and the fish are waiting for rain to raise the river levels so as to aid upstream migration.

 

The legislation prohibiting fixed nets in tidal waters was created to ensure that migratory salmonids could migrate from the sea to rivers to spawn without encountering any obstructions other than licensed salmon nets in estuaries. The number of nets licensed for salmon is strictly limited to ensure that over-exploitation does not occur. In many areas and at the key times of year (spring through to late autumn) the number of migrating salmonids increases in areas also frequented by species like bass. Headland tide races and inshore reefs are good examples of where there is such an overlap. Given the number of coastal nets, and the large area over which they could be set, plus the relatively small size and vulnerability of migratory salmonid populations, prohibitions on fixed nets were introduced to ensure that migratory salmonids had free passage to estuaries from the sea.

 

Section 6(1) of the Salmon & Freshwater Fisheries Act 1975, (“SAFFA”), was amended by the Salmon Act 1986, Section 33(1), making it illegal to set or use any unauthorised fixed net in inland or tidal waters out to 6 miles from the coast. It was felt that this would cause a serious impact on coastal fishermen seeking to harvest marine species.

 

The Salmon Act 1986 Section 33(1)© and 37(2) also allowed byelaws to be made by Local Sea Fisheries Committees in combination with the Environment Agency. In an effort to provide flexibility to inshore marine fishermen within the constraints of section 6(1) of SAFFA, the Cornwall Sea Fisheries Committee introduced the Cornwall Sea Fisheries District Fixed Engine Byelaw 1987. This byelaw (known as an “enabling” byelaw) effectively allowed inshore marine fishermen to set fixed nets legally around most of the coast of Cornwall. Only a few areas were excluded as restricted netting areas. These restricted areas were known to be areas where fixed surface nets would have a high probability of intercepting coastal migrations of salmon and sea trout. The wording of the 1987 Fixed Engine Byelaw does not totally exclude all nets for marine fish in restricted areas. Even within these areas, nets can be legally set for species such as bass. Any salmon or sea trout caught must be released and the nets used must be either attended drift nets or fixed such that the head rope of the net is always set at least 3 metres below the surface at any state of tide.

 

Without the creation of the Cornwall Sea Fisheries District Fixed Engine Byelaw 1987, it would be illegal for any inshore fishermen to set ANY fixed net within 6 miles of the shore. The 1987 byelaw has therefore virtually restored the majority of the coast (other than in the restricted areas and estuaries) for netting for sea fish.

 

Salmon and Freshwater Fisheries Act 1975

 

 

Section 6 (1) :

 

Any person who

a) places a fixed engine in any inland or tidal waters ; or

uses an unauthorised fixed engine for taking or facilitating the taking of salmon or migratory trout or for detaining or obstructing the free passage of salmon or migratory trout in any such waters,

 

shall be guilty of an offence

 

 

 

 

Section 6 (2)

 

A person acting under directions to that effect given by the water authority (Now the Environment Agency) for the area may take possession of or destroy an engine placed or used in contravention of this section.

 

Tidal waters for the purposes of the above act for salmon and sea trout extend to 6 miles from the coast

 

The Salmon & Freshwater Fisheries Act 1975 is enforced by the Environment Agency.

 

Definition of a Fixed Engine is listed at the end of this document

 

Note that section 6(1) above has been amended by The Salmon Act 1986 section 33 (1) ( see below)

___________________________________________________________

 

1983 Case Law – (Appeal) Champion v Maughan (and another) Queen’s Bench Division

 

Brief Details :

 

Three men set a fixed net at right angles to the beach. The net was left out overnight and retrieved the next day. One fish was taken and retained from the net. The fish was not a salmon or a sea trout. The three men were cautioned by a bailiff for committing an offence under Section 6(1) of the Salmon & Freshwater Fisheries Act 1975. The men stated that they had set the net for cod and as such the above act did not apply.

 

 

Issue For the Appeal :

 

Does Section 6(1) of the Salmon & Freshwater Fisheries Act 1975 (as above) create an absolute offence.

 

 

Question For The Appeal :

 

Does Section 6(1) of the Salmon & Freshwater Fisheries Act 1975 create an absolute offence and is therefore applicable to any person placing any fixed engine in tidal waters, notwithstanding that there is no intention to obstruct the passage of salmon or migratory trout.

 

 

Judgement 1:

 

“ …in my judgement the words of Section 6(1)(a) of the 1975 Act are plain and unambiguous. They clearly indicate an absolute offence”.

 

Judgement 2:

 

“ Section 6(1) of the Salmon & Freshwater Fisheries Act 1975 provides in ten words a very clear prohibition. Any person who ‘places a fixed engine in inland or tidal waters’ shall be guilty of an offence. On agreed facts, the justices found that the respondents had placed a fixed engine in tidal waters. In my judgement there is no escape, on that finding, from concluding that the information had been proved. This is not a difficult question. It is a question of construction, and it relates to words which are clear and unambiguous. The case will be remitted to the justices with a direction to convict”.

___________________________________________________________

 

 

 

 

 

 

 

 

 

Salmon Act 1986

 

Placing and use of Fixed Engines – Section 33

 

Section 33 (1)

 

For subsection (1) of Section 6 of the Salmon and Freshwater Fisheries Act 1975 (under which it is an offence to place a fixed engine in any inland or tidal waters or to use an unauthorised fixed engine for specified purposes) there shall be substituted the following section :

 

(1) Any person who places or uses an unauthorised fixed engine in any inland or tidal waters shall be guilty of an offence.

 

Also :

 

(2) In subsection (3) of the said section 6, at the end of paragraph ( there shall be inserted : or

 

© a fixed engine the placing and use of which is authorised by byelaws made by a water authority (Environment Agency) under this Act or by byelaws made by a local fisheries committee by virtue of section 37(2) of the Salmon Act 1986.

 

 

Section 37 (1) Byelaws under Sea Fisheries Regulation Act 1966

 

Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under section 5 of the Sea Fisheries Regulation Act 1966 shall be exercisable for the purposes of protecting salmon and of preventing any interference with their migration and shall be so exercisable as if the references in that section to sea fish include references to salmon.

 

Section 37 (2)

 

Subject to subsection (3) below the power of a local fisheries committee to make byelaws under the said section 5 shall also include power to make byelaws which for the purposes of section 6 of the Salmon and Freshwater Fisheries Act 1975 authorise the placing and use of fixed engines at such places in their sea fisheries district, at such times and in such manner as may be prescribed by the byelaws and impose requirements as to the construction, design, material and dimensions of such engines, including in the case of nets the size of mesh.

 

Section 37 (3)

 

A local fisheries committee shall not make byelaws for any purpose mentioned in subsection (1) or (2) above unless the water authority (Environment Agency) whose area for the purposes of functions relating to fisheries includes the whole or any part of the committee’s sea fisheries district have consented to byelaws being made by the committee for that purpose.

 

 

Cornwall Sea Fisheries District Fixed Engine Byelaw 1987

 

The Local Fisheries Committee of the Cornwall Sea Fisheries District by virtue of the powers vested in them by Section 5 of the Sea Fisheries Regulation Act 1966 and Section 37(2) of the Salmon Act 1986 and with the consent of the South West Water Authority (now the Environment Agency) made the following byelaw on the 10th July 1987 :

 

1. For the purposes of Section 6 of the Salmon and Freshwater Fisheries Act 1975 the use and placing of fixed engines is authorised in the Cornwall Sea Fisheries District subject to the following conditions :

 

(i) The head line of every fixed engine shall be at least 3m below the surface of the water at any state of the tide when set in the following areas less than 1 nautical mile from the low water line along the coast and between the following eastward and westward boundaries

 

 

 

Areas mentioned below are only indicators of the main areas covered by the above byelaw. Full details of all restrictions and area specific details are available from the local Environment Agency office

 

Area 1 Rumps Point to Trevose head

Area 2 Towan Head to Ligger Point

Area 3 Rosmullion Head to Black Head

Area 4 Nare Head to Zone Point

Area 5 Dodman Point to Greeb Point

Area 6 Pencarrow Head to Black Head

Area 7 Rame Head to Hore Stone

Area 8 St Ives Bay inside a line drawn from Godrevy Point to St Ives Head

Area 9 Mounts Bay inside a line drawn from Penlee Point to Cudden Point.

 

2. For the purposes of this byelaw “fixed engine” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975

 

This byelaw DOES NOT permit fixed engines of ANY kind to be set in estuaries in Cornwall where the Environment Agency has the powers of a Sea Fisheries Committee.

 

 

Definition of a Fixed Engine Section 41 Salmon & Freshwater Fisheries Act 1975

 

Fixed Engine includes :

 

(a) A stake net, bag net, putt or putcher

( Any fixed implement or engine for taking or facilitating the taking of fish

© Any net secured by anchors and any net or other implement for taking fish fixed to the soil or made stationary in any other way

(d) Any net placed or suspended in any inland or tidal waters unattended by the owner or person duly authorised by the owner to use it for taking salmon or trout and any engine, device, machine or contrivance whether floating or otherwise for placing or suspending such a net or maintaining it in working order or making it stationary

 

“foreshore” includes the shore and bed of the sea and every channel, creek ,bay, estuary and navigable river as far up as the tide flows.

[barry luxton]

Under the Salmon and Freshwater Fisheries Act 1975, all fixed gill-netting is illegal!

 

However, Sea Fisheries Committees have been given the power to introduce enabling byelaws which allows fixed gill nets to be set in places, in ways, and at times of the year, that will not interfere with a run of slamon/and or sea trout, making them legal.

 

And where there is good evidence that the setting of nets will interefere with a run of salmonoids, the Environment Agency can require the SFC to change/revoke such enabling byelaws.

 

As far as enforcement is concerned, it's the EA that is responsible for enforcing regulations that protect salmon and trout, often working with the SFC fisheries officers.

 

 

So this is not to protect the salmon stock as it is already in place and im not surprised that guys get caught fishing illegally as it appears to be rather confusing.

Edited July 3, 2007 by barry luxton

[Leon Roskilly]

So this is not to protect the salmon stock as it is already in place and im not surprised that guys get caught fishing illegally as it appears to be rather confusing.

 

 

Barry, I think that you'll find that they haven't put in place a new byelaw.

 

Rather rescinded or amended the conditions of an existing 'enabling' byelaw at the EA's insistence.

Edited July 3, 2007 by Leon Roskilly

[barry luxton]

Barry, I think that you'll find that they haven't put in place a new byelaw.

 

Rather rescinded on amended the conditions of an existing 'enabling' byelaw at the EA's insistence.

 

Thats it, now i am totally confused.