Fisheries and Research

Developing Fisheries Management Interventions

Byelaw Making Process

Section 155 of the Marine and Coastal Access Act, 2009, describes how Inshore Fisheries and Conservation Authorities (IFCA) have the power to make byelaws.

1. For the purposes of performing the duty imposed by section 153 or the duty imposed by section 154, the authority for an IFC district may make byelaws for that district.
2. Byelaws made under this section must be observed within the district for which they are made.
3. A byelaw made under this section does not have effect until it is confirmed by the Secretary of State.
4. The Secretary of State may confirm a byelaw without modification or with such modifications as are agreed to by the IFC authority that made the byelaw.
5. Before confirming a byelaw, the Secretary of State may cause a local inquiry to be held.

IFCAs are responsible for producing byelaws within their districts, which includes such part of the English inshore region lying six nautical miles from baselines. Byelaws must be compatible with and cannot be less stringent or inconsistent with National or Community legislation.

Policy Documents

In accordance with Section 153(3) of the Marine and Coastal Access Act, Defra have issued IFCAs with best practice IFCA Byelaw Guidance. IFCA must have regard to this guidance when carrying out their functions. The guidance outlines best practice for the delivery and implementation of byelaws, which must be based on sound evidence, follow particular decision-making routes and ensure undertaking of appropriate stakeholder consultations.

In addition to the Defra Guidance, Southern IFCA developed a Fisheries Management Interventions Process Document ‘(Process Document’) in 2019 to further promote consistency and transparency in the delivery of management interventions and to clarify the stages of complex fisheries and MPA management development. It is important to note that this document does not replace the Statutory Guidance provided by Defra; rather it seeks to complement it, breaking down the evolution of management into five clear and distinct stages.

A Management Intervention Process Map (below) which sits within the Process Document further aims to demonstrate the roles and responsibilities of the Authority and its sub-committees in the decision-making process. This process map is not intended to be a binding document, rather it seeks to provide a useful tool, which provides context for the delivery of complex management relevant to the Southern IFCA Authority. 

Further information on each stage in the development of both statutory and non-statutory management interventions can be found in The Southern IFCA Fisheries Management Interventions Process Document.

Fisheries Management Plans

Fisheries Management Plans (FMP) are designed to analyse the current situation within a particular fishery and identify objectives to help that fishery develop. The objectives of a Fisheries Management Plan should consider sustainability, protection of the marine environment, socio-economics and balancing the needs of different stakeholders. The FMP outlines how these objectives can be achieved, which may include identifying that new management measures or a review of current management is required. Timelines and milestones for achieving these objectives should be set within an FMP along with a system for collation of best available evidence for the fishery, including identifying where further evidence gathering may need to be undertaken. For more established fisheries, an FMP may set out a system of monitoring and a framework for feedback and review to ensure that the objectives for the fishery continue to be met. 

A number of fisheries in the Southern IFC District are managed through Fisheries Management Plans (also known as ‘Monitoring and Control Plans’. Please visit the relevant page in the ‘Fisheries & Research’ Section of our website to view FMPs. 

Byelaw Reviews

IFCA byelaw making guidance states that IFCAs should continually monitor the effectiveness of their byelaws. When they are no longer effective, they should be repealed or modified. Section 158 of the MaCAA makes provision for byelaws to cease to have an effect after a specified period (i.e., a “sunset clause”). Where possible and in line with best practice, IFCA byelaws seek to include either a sunset clause or a specified review point within the conditions of the byelaws.

Permit Condition Reviews 

A Permit Byelaw provides a mechanism under which the introduction of specific measures can be introduced in a permit, in accordance with the procedure set out in the Byelaw.

Having the ability to flexibly manage fishing activities under a Permit Byelaw, enables the Authority to introduce bespoke management as new and improved evidence becomes available and in consultation with permit holders and interested parties. This evidence may include improved knowledge of the impact of an activity covered by the Permit Byelaw, or a better understanding of the status of a stock or of the suitability of a gear type towards harvesting, or to manage the emergence of a new fishery.

At present, Southern IFCA is undergoing the process of developing fisheries management interventions in a number of fisheries. Please visit our Ongoing Reviews and Annual Reviews pages for further details.