Byelaws
THE SEA FISHERIES REGULATION ACT 1966 (which consolidated with improvements the Sea Fisheries Regulation Acts 1888 to 1930, the Marine and Coastal Access Act 2009 and Transitional provisions.
BYELAWS
MADE BY THE LOCAL FISHERIES COMMITTEE FOR THE SOUTHERN SEA FISHERIES DISTRICT RENAMED THE SOUTHERN IFCA (HEREINAFTER CALLED THE AUTHORITY) AND SUBSEQUENTLY CONFIRMED BY THE SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (FORMERLY MAFF).
Byelaws 1 – 16 apply within that part of the Southern IFCA District enclosed by a line drawn three nautical miles to seaward of baselines and Byelaws 17 -28 apply within that part of the District enclosed by a line six nautical miles to seaward. The 1983 Baselines are the lines from which the breadth of the territorial sea is measured and include recognised Bay closing lines.
Unless otherwise stated the byelaws shall apply to the whole extent of the Southern IFCA District (hereinafter called the District) within the three or six mile limit as appropriate. The District extends within the boundaries of:
Western Boundary – a loxodromic line joining
Point 1, Latitude 50° 43.07’ N, Longitude 2° 56.78’ W
Point 2. Latitude 50° 36.36’ N, Longitude 2° 56.78’ W
Eastern Boundary – a loxodromic line joining
Point 1 Latitude 50° 46.62’ N, Longitude 0° 55.92’W
Point 2 Latitude 50° 33.93N Longitude 0° 55.92’W
which includes all waters around the Isle of Wight, the Solent, Langstone Harbour, Portsmouth Harbour, Southampton Water, the Hamble, Poole Harbour, Portland Harbour, the Fleet and rivers up to the county boundary.
Nothing in these Byelaws shall apply to any person fishing for taking removing or dredging any sea fish for scientific or experimental purposes under the written authority on the behalf of the Authority signed by their Chief Executive and in accordance with the conditions contained in that authority.
The expression “mechanical power” hereinafter used shall mean power other than that derived from the use of oars or sails.
The information contained in this booklet is provided to assist fishermen and should not be used as a definitive statement of current regulations. The original byelaws are held at the Authority’s office and copies are available on request.
THE FOLLOWING BYELAWS APPLY WITHIN THE AREA ENCLOSED BY A LINE DRAWN THREE NAUTICAL MILES TO SEAWARD OF BASELINES.
Fishing Under Mechanical Power – Closed Area
1. Between the 1st day of May and the 31st day of August in the same year both days inclusive no person shall use in fishing for sea fish any trawl net in connection with a vessel which is for the time being propelled either entirely or in part by means of mechanical power in that part of the District which lies within one nautical mile from any part of the coast (measured from the general line of the coast at mean high-water spring tides) between a line drawn true South along longitude 2 degrees 50.4 minutes West from the most southerly portion of the base of Golden Cap and a line drawn due South from Chesil Beach on a longitude of 2 degrees 33.5 minutes West.
Poole Harbour – Prawns Close Season
2. During the period from 1st day of January to the 31st day of July in any year (both days inclusive) no person shall in Poole Harbour Dorset West of and within the line of the ferry across the mouth of the said Harbour fish for any prawns or remove any prawns from the fishery.
Cockles
3. No person shall fish for or take from a fishery any cockle between the 1st day of February in any year and the 30th day of April in the same year, both days inclusive.
No person shall fish for or take from a fishery any cockle except:
a. by hand picking, or
b. by rake or other like instrument not exceeding 305mm in
length and having spaces of not less than 22.5mm between
the teeth or
c. when the cockle bed is covered by water by
i) a dredge not exceeding 460mm in width or
ii) a scoop not exceeding 460mm in width and having spaces of
not less than 22.5 mm between the wires or netting forming
the bag.
When using a dredge or scoop from a vessel, cockles may only be removed when the dredge or scoop has been hauled and lifted into the vessel.
No person shall remove from a fishery any cockle which will pass through a gauge having a square opening measuring 23.8mm along each side thereof.
Any person using a riddle or like instrument for sorting or sifting cockles shall ensure that all resultant siftings are evenly spread over the cockle bed.
Periwinkles
4. No person shall take from a fishery any periwinkles between the 15th day of May in any year and the 15th day of September in the same year, both days inclusive. No person shall take periwinkles except by hand picking.
Oysters
5. (a) No person shall remove from a public or regulated fishery any oyster (other than Portuguese oysters and Pacific Oysters) which will pass through a circular ring of 70mm in internal diameter.
(b) No person shall remove from a public fishery any cultch or other materials for the reception of the spawn or young of any shellfish unless such removal is necessary for the destruction of pests or their spawn or of disease or is in accordance with established principles of oyster cultivation.
(c) Any such oyster cultch or other material for the reception of spat, which may be lifted while fishing or otherwise, the removal of which from a public fishery is prohibited by the above byelaws, shall at once be redeposited as nearly as possible on the same fishing ground.
Regulation of the Use of Stake or Stop Nets in Langstone Harbour
6. In that part of the District within Langstone Harbour which lies north of a line across the harbour entrance between Gunner Point and Eastney Lake Pumping Outfall Light, no person shall in fishing for sea fish place or maintain across or partly across a channel or creek, at any place which becomes dry at low water, any stake, stop or dosh net during the period between the commencement of the last hour before the tide leaves that place and the expiration of the first hour after the tide has begun to re-flow at that place.
Oysters, Clams, Mussels – Prohibition on Night Fishing
7. No person shall dredge or fish for or take any oysters, clams or mussels on any day before 8.00 am or after 4.00 pm (local time). Provided that this Byelaw:-
(a) Shall not affect any Byelaw relating to close seasons or to any requirements for holding any licences; and
(b) Shall not apply to the taking of any clams or mussels during any close season for oysters imposed by any Byelaw or under any Regulating Order for the time being in force: and
(c) Shall not apply to the taking of any clams by hand picking: and
(d) Shall not apply to the dredging or fishing for or taking of clams in Southampton Water North of the line joining the Northern ends of the Hamble and Fawley Oil Terminal Jetties; and
(e) Shall not apply to the dredging or fishing for or taking of clams and mussels West of a line drawn North South through the Needles Lighthouse.
Oyster Dredges
8. In dredging or fishing for oysters in any fishery no dredge shall be used which has a front edge or blade exceeding 1.5 metres in length and if two or more dredges are in dredging or fishing for oysters used at the same time in or from the same boat or vessel the total length of the front edges or blades of such dredges when added together shall not exceed 3.0 metres.
This byelaw does not prejudicially affect any right of several fishery under the Sea Fisheries (Shellfish) Act 1967.
Temporary Closure of Shellfish Beds
9. Where in the opinion of the Committee, in any fishery, any bed or part of a bed of shellfish is so severely depleted as to require temporary closure in order to ensure recovery, or any bed or part of a bed contains mainly immature or undersized shellfish which in the interests of the protection and development of the fishery ought not to be fished for the time being, or any bed of transplanted shellfish ought not to be fished until it has become established, and where the bed or part thereof has been clearly defined in notices displayed in the vicinity prohibiting the removal of the shellfish, or where the display of notices is not practicable notice has been given by publishing a notice in a weekly newspaper circulating in the District in which that shellfish bed or part of bed is situated. No person shall, while the bed or part thereof is so defined, take away any shellfish without the consent of the Committee.
For the purpose of this Byelaw the term “shellfish” means mussels, oysters and clams.
Oysters Close Season
10. No person shall dredge or fish for in or take from any fishery oysters during the period from 1st day of March to the 31st day of October in any year both days inclusive.
Provided that between 14th May in any year and the following 4th August (both days inclusive) this Byelaw shall not apply within that part of the District which is within 10 miles of South Haven Point at the entrance to Poole Harbour where the oysters so taken are intended for the purpose of oyster cultivation by being placed without delay and without prior sale on an oyster cultivation bed or laying situated within the areas in and near the Harbour at Poole which are comprised in and described by the Poole Fishery Order and within such bed or laying there is at the time a several right of fishery for oysters.
This byelaw does not prejudicially affect any right of several fishery under the Sea Fisheries (Shellfish) Act 1967.
American Hard Shelled Clams – Minimum Size
11. No person shall remove from a fishery any clam of the species Mercenaria mercenaria which measures less than 63 mm across the longest part of the shell.
Fishing for Oysters Mussels and Clams
12. When fishing for oysters, clams and mussels in any fishery only the following methods may be used:
a. Handpicking
b. Dredging using a dredge with a rigid framed mouth so designed as to take shellfish only when towed along the sea bed. Shellfish may only be removed from the dredge when it has been hauled and lifted into the vessel.
This byelaw does not prejudicially affect any right of Several Fishery under the Sea Fisheries (Shellfish) Act 1967.
Carriage of Oysters
13. When dredging, fishing for or taking any sea fish of any description other than oysters (Ostrea edulis) from any vessel within the limits of the Solent Oyster Fishery Order 1980 as defined by Statutory Instrument 1980 Number 1373 (and subsequent amendments) no person shall have on board any oysters (Ostrea edulis).
Carriage of Clams
14. When dredging, fishing for, or taking any sea fish of any description, other than clams from any vessel within the limits of the Poole Fishery Order as defined by Statutory Instrument 1985 Number 847, no person shall have on board any clams.
This byelaw does not prejudicially affect any right of Several Fishery under the Sea Fisheries (Shellfish) Act 1967.
Prohibition on using or carrying a shellfish dredge, scoop or handrake in certain areas of Poole Harbour
15. 1. No person shall -
a) use or carry, or
b) cause, permit or assist any other person to use,
a shellfish dredge, scoop or handrake for fishing purposes in the areas of Poole Harbour specified in paragraph 3.
2. No vessel shall carry a shellfish dredge or scoop in the areas of Poole Harbour specified in paragraph 3.
3. Area 1 – Newton Bay
All waters South of the direct line joining the following points and positions:
50° 40.351’ N 001° 59.493’ W
50° 40.402’ N 001° 59.750’ W
Area 2 – Ower Bay
All waters South West of the direct line joining the following points and positions:
50° 40.522’ N 002° 00.101’ W
50° 40.670’ N 002° 00.464’ W
Area 3 – Wych Lake and Middlebere Lake
All waters South West of the direct line joining the following points and positions:
50° 41.255’ N 002° 01.755’ W
50° 40.891’ N 002° 01.030’ W
Area 4 – Arne Bay
All waters West of the direct line joining the following points and positions:
50° 41.950’ N 002° 01.640’ W
50° 42.199’ N 002° 01.849’ W
Area 5 – Keysworth
All waters West of the direct line joining the following points and positions:
50° 42.400’ N 002° 04.510’ W
50° 42.250’ N 002° 04.075’ W
50° 41.843’ N 002° 04.545’ W
50° 41.881’ N 002° 04.272’ W
This byelaw shall not apply to any person using a shellfish dredge, scoop or handrake for scientific purposes under written authority of the Southern Sea Fisheries Committee.
This data is taken from Admiralty Charts and stated in latitude and longitude co-ordinate points and positions. The landward boundary is the Highest Astronomical Tide.
This byelaw does not prejudicially affect any right of several fishery under the Sea Fisheries (Shellfish) Act 1967.
Protection of the Portsmouth harbour Special Protection Area byelaw
16. The Southern Inshore Fisheries and Conservation Authority, in exercise of the powers conferred upon it under sections 155 and 156 of the Marine and Coastal Access Act 2009 (2009 c.23) hereby makes the following byelaw for the protection of eelgrass (Zostera spp) in the Portsmouth Harbour Special Protection Area in Hampshire.
Interpretation
(1) In this byelaw:
‘Dredge’ means any kind of shellfish dredge.
‘Prohibited act or class of acts’ means any act or class of acts prohibited by clause 2 of this byelaw.
‘The Portsmouth Harbour SPA means the area at Portsmouth Harbour in Hampshire which was classified in February 1995 as a Special Protection Area under Article 4(2) of Directive 79/409/EEC on the conservation of wild birds to preserve the habitat of regularly occurring migratory species (classification number UK9011051).
‘The prohibited area’ means the waters of the Portsmouth Harbour SPA North of the direct line joining the following positions:
50˚ 50.17′ N 001˚ 06.78′ W (approximately the south-eastern corner of Portchester Castle)
50˚ 49.82′ N 001˚ 08.24′ W (approximately the southern part of Pewit Island)
50˚ 49.63′ N 001˚ 09.00′ W (the shore at Frater).
‘The SIFCA’ means the Southern Inshore Fisheries and Conservation Au-thority.
Prohibitions
(1) Subject to clause 3 of this byelaw, no person or vessel shall drop, move, tow or drag any fishing gear along the seabed or above the seabed in the prohibited area.
(2) Subject to clause 3 of this byelaw, no vessel may carry a dredge within the pro-hibited area unless the dredge is inboard, disconnected, secured and stowed.
Dispensation
(1) The SIFCA may issue a written dispensation authorising any vessel to do any prohibited act or class of acts within the prohibited area or any such part thereof as shall be specified in the dispensation.
(2) Any such dispensation:
(a) Shall be issued with an expiry date;
(b) May be issued subject to such conditions as are considered ap-propriate by the SIFCA;
(c) May be revoked by the SIFCA at any time before its expiry date.
(3) The effect of such dispensation until its expiry date or its earlier revocation shall be that any prohibited act or class of acts shall not be unlawful under this byelaw when committed by the vessel named in the dispensation or by any person on board, provided that when the prohibited act or class of acts is being committed:
(a) The written dispensation is carried on the vessel;
(b) The written dispensation is produced for inspection when re-quested by an IFC officer of the SIFCA or any other person authorised by the SIFCA to make such a request;
(c) If the dispensation is for a specified part of the prohibited area, the vessel is within that part; and
(d) All conditions subject to which the dispensation has been issued are being complied with.
THE FOLLOWING BYELAWS APPLY WITHIN THE AREA ENCLOSED BY A LINE DRAWN SIX NAUTICAL MILES TO SEAWARD OF BASELINES.
Fixed Engines
17. 1. The placing and use of fixed engines, other than Fyke nets, for the taking of seafish is prohibited during the period from 1 April to 30 September (both days inclusive) in any year in the following areas:-
(a) Poole Harbour. All parts of Poole Harbour to the West of
the line of the Chain Ferry between South Haven Point and
Sandbanks and all parts of any river or stream flowing into
Poole Harbour which fall within the Southern Sea Fisheries
District.
(b) Keyhaven. The area enclosed by Hurst Beach and Hurst Point
to the South and West, by a line drawn true North from the
Northern tip of North Point to Keyhaven Marshes to the East
and extending North to the ordinary limit of High Water.
(c) Lymington. All parts of the Lymington River which lie to the
North West of a line drawn true South West from the Seaward
end of the Rail Ferry Terminal Jetty and within the Southern Sea
Fisheries District.
(d) Test and Itchen. All parts of the Rivers Test and Itchen
upstream of a line drawn due East and West from the Southern
end of the Port of Southampton Dockhead and within the
Southern Sea Fisheries District.
(e) River Meon. The area within 800 metres of the River Meon
sluice gate at Hillhead.
2. Lyme Bay. No fixed net may be set in the areas enclosed by the lines: from longitude 2°56.70’W (Western boundary of the District) to a point bearing 180° True and from longitude 2°41.40’W (East of Burton Mere) to a point bearing 211° True within one nautical mile of the shore as defined by the lowest astronomical tide during the period from 1st May to 31st July inclusive unless the headline of every fixed net is set at least three metres below the surface of the water at any state of the tide.
Vessels Used in Fishing
18. No person shall use, or permit the use of any vessel which exceeds 12 metres in overall length for fishing for or taking sea fish within any part of the District which lies within a line drawn six nautical miles to seaward from the baselines.
Save that this Byelaw shall not apply:
(i) in that part of the District which lies inside a line drawn three nautical miles to seaward from baselines to any vessel over 12 metres in overall length registered with the Committee on 1st January 1995 to fish for the purpose of sale.
(ii) in that part of the District which lies between a line drawn three nautical miles to seaward from the baselines and a line drawn six nautical miles to seaward from baselines to any vessel over 12 metres in overall length which was registered with the Committee on 27 July 1995 to fish for the purpose of sale until:
a. in the case of a vessel based at a port within the District
boundaries, it ceases to be so based.
b. in the case of a vessel not based at a port within the District
boundaries, on change of ownership.
This byelaw does not prejudicially affect any right of Several Fishery under the Sea Fisheries (Shellfish) Act 1967.
Vessels used in Fishing for Sale
19. No person shall use or permit the use of any vessel for fishing for or taking sea fish for the purpose of sale other than an open or undecked boat navigated by oars only unless he has, within the previous 24 months, registered or re-registered (as the case may be) this vessel with the Committee and has obtained a certificate to that effect signed by the Chief Fishery Officer of the Committee, which certificate shall be issued without payment upon application on the prescribed form and upon production of the Certificate of Registry of the said vessel as a British Sea Fishing Boat under Part II of the Merchant Shipping Act 1988.
This byelaw does not prejudicially affect any right of Several Fishery under the Sea Fisheries (Shellfish) Act 1967.
Grey Mullet – Minimum Size
20. No person shall take from the fishery any grey mullet that measures less than 30 cms when measured from the tip of the snout to the end of the tailfin.
Mussels
21. No person shall remove from a fishery any mussel less than 50mm in length except where the mussels so removed are intended for the purpose of mussel cultivation by being placed without delay on a mussel cultivation bed or laying situated within the Southern Sea Fisheries District and within such bed or laying there is at the time a several or charter or other private right of fishery for mussels. Mussels for relaying may not be removed without first obtaining from the Chief Fishery Officer of the Committee his consent in writing which consent shall be given only if in the opinion of such Chief Fishery Officer their removal will not have a detrimental effect upon the fishery.
This byelaw does not prejudicially affect any right of Several Fishery under the Sea Fisheries (Shellfish) Act 1967.
Redeposit of Shellfish
22. Any person who takes any shellfish, the removal of which from a fishery is prohibited by any byelaw in force in the District, or the possession of which is prohibited by any Act of Parliament or Statutory Instrument shall forthwith redeposit the same, without injury, as nearly as possible in the place from which it was taken.
This byelaw does not prejudicially affect any right of several fishery under the Sea Fisheries (Shellfish) Act 1967.
Foul Hooking
23. No person shall use any instrument or device whether used with a rod or line or otherwise for the purpose of foul hooking any mullet or bass. In this Byelaw the term “foul hooking” means the deliberate act of hooking the fish in the body, posterior to the eyes.
Skates and Rays- Minimum Size
24. No person shall take:
(a) any skate or ray that measures less than 40cm between the extreme tips of the wings; or
(b) any wing which measures less than 20cm in its maximum dimension and which is detached from the body of a skate or ray.
Electric Current
25. No person shall within the District take or kill any sea fish by the discharge of electric current.
Minimum Fish Sizes
26. No person shall take from the fishery any fish of the following species that measures less than the size listed when measured from the tip of the snout to the end of the tail.
| Cm’s | |
| Black Seabream | 23 |
| Brill | 30 |
| Dab | 23 |
| Conger Eel | 58 |
| Flounder | 27 |
| Lemon Sole | 25 |
| Red Mullet | 15 |
| Shad | 30 |
| Turbot | 30 |
| Witch Flounder | 28 |
SCALLOP FISHING
27. a. When dredging for scallops (Pecten maximus) within any fishery the maximum number of dredges which may be towed at any time is twelve. All dredges must be fitted with a spring loaded tooth bar and the mouth of any dredge must not exceed 85 cm in overall width. No more than two tow bars may be used at any time and the maximum length of any tow bar shall not exceed 5.18 metres including attachments.
b. No person shall fish for or take any scallop from any fishery on any day before 0700 local time and after 1900 local time.
This byelaw does not prejudicially affect any right of Several Fishery under the Sea Fisheries (Shellfish) Act 1967.
PROTECTION OF BERRIED (EGG BEARING) LOBSTERS
28. 1. This byelaw applies throughout the Southern Sea Fisheries District.
2. No person shall remove from the fishery any berried lobster of the species Homarus gammarus.
3. Any berried lobster so berried shall be immediately returned to the sea, as near as possible to the place from which it was taken.
4. For the purpose of this byelaw “berried” shall mean the carrying of any eggs or spawn attached to the tail or some other exterior part of the lobster, or such a condition as to show at the time when it was taken the animal was carrying eggs or spawn so attached.
5. Provided that this byelaw shall not apply to any person removing berried lobster for scientific purposes, under the written authority of the Southern Sea Fisheries Committee and in accordance with the conditions contained in that authority.
6. This byelaw does not prejudicially affect any right of several fishery under the Sea Fisheries (Shellfish) Act 1967.
SOUTHERN INSHORE FISHERIES AND CONSERVATION AUTHORITY
BAY CLOSING LINES
WEYMOUTH BAY
From: 50° 32.58″N 2° 24.50″W
(Vicinity Grove Point).
To: 50° 37.04″N 2° 15.31″W
(Approx. 900 metres West of Lulworth Cove)
POOLE BAY
From: 50° 35.37″N 1° 56.59″W
(Durlston Head)
To: 50° 39.35″N 1° 34.41″W
( Sun Corner)
EAST WIGHT
From: 50° 36.00″N 1° 10.42″W
(Church Rocks)
To: 50° 43.03″N 0° 47.39″W
(Approx. 350 metres South of Selsey Bill)
SIFCA District
