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Angling Trust "Legal Issues"


Mike Fox
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All,

I found David Mitchell's talk to be fascinating at our club meeting on Thursday 2nd February 2012, and I did talk to him afterwards about some of the points raised.

 

It's a complex topic, and I am starting to see why the Angling Trust is spread thinly, particularly relating to restoration of fish stocks available to recreational sea anglers.

 

In summary, my understanding of the 4 main issues presented were:

- Multiple "battlegrounds" on which to fight;

- Multiple stakeholders to involve and influence;

- Complex legal framework at local, national and international levels;

- Lack of funding to help make major achievements.

 

I'm not a lawyer, and without help I would be unwilling to refer to published links and articles that are unlikely to be read, but there are ever-widening levels of legislation from local to international:

- Southern IFCA - Bylaws http://www.southern-ifca.gov.uk/byelaws

- UK legislation:

Wildlife & Countryside Act see also here: http://www.seafish.org/media/Publications/...ife_Species.pdf

- EU legislation (common fisheries policy)

- International Regulations for the Avoidance of Collision at Sea (ColRegs)

 

For this post, I would ask the club membership:

- To help make the legislation simple and help clarify WHAT is illegal today (which ones have I got wrong or missed?).

- To suggest what we as club members could do to stamp out illegal practices.

 

I might insert a few more, as suggestions come in!

 

ILLEGAL FISHING ACTIVITIES (in alphabetical order)

Bass conservation area rule breaches

Black fish landings (illegal landings by registered or unregistered vessels)

Fixed nets in Poole Harbour (other than Fyke nets) banned from Apr-Sept inclusive (Southern IFCA by-law 17.1(a))

Foreign flagged vessels fishing within 6 miles?

Foul-hooking fish deliberately (Southern IFCA by-law No. 23)

Game fish (sea trout, salmon) being retained without a license http://www.environment-agency.gov.uk/homea...hing/31497.aspx

Pair trawling by British Registered vessels in UK waters ?

Protected species being landed at all (e.g. allis shad, basking shark, Couch's Goby, Giant goby, Sturgeon, tope, silver eels, etc) - others?

Quotas of quota species being exceeded

Retention of fish (quota species and others) under legal Minimum Landing Sizes http://archive.defra.gov.uk/foodfarm/fishe...umfishsizes.pdf

Shellfish retention under sized or out of season

Species bans being broken (e.g. a cod ban after quota exceeded)

Traceability breaches

Vessels over 12m registered after 01/01/95 fishing within 6 miles (Southern IFCA By-Law No 18)

Vessels over 12m registered on or before 01/01/95 fishing within 3 miles (Southern IFCA By-Law No.18(i))

Unattended fixed nets?

Unregistered vessels netting commercially under engine (Southern IFCA By-Law No.19)

Visibility of marker buoys for nets and pots?

 

WHAT WE CAN DO ABOUT THEM?

Be aware of Marine Police availability: http://www.dorset.police.uk/pdf/marine%20c...0prevention.pdf

Put key phone numbers into mobile phone (which ones?)

- Portland Coastguard 01305 760439

- Southern IFCA 01202 721373

Take pictures of suspected illegal activity (photograph vessel/vehicle registration number?)

Log locations of suspected illegal activity (photograph suspect and GPS?)

Report to Coastguards, Police, fisheries Protection, Angling Trust (others?)

 

Please feel free to add to this thread to help educate the membership.

 

I can't help but think if we all knew and understood what was illegal today, collected the evidence and then let others do the prosecutions, then this would help the Angling Trust build some case studies, record some real "achievements" and hence attract new members and funding, so they would be spread less thinly.

 

Thanks,

Mike

Edited by Mike Fox
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Tremendous amount of work you've put into this complex topic Mike.

The whole issue for AT is very much a chicken and egg situation as I see it.

Increased membership and funding is vital for AT to achieve its objectives as it stands and without achieving those objectives membership will struggle to increase.

Not only is the AT short of funding and staff but this is also the case with fisheries protection, the coastguard and the police.

This is why I believe that the AT should prioritise its effort to gain some obvious success in the sea angling arena that would add impetus to membership among sea anglers.

Coarse angling successes for AT are many - they are easier to achieve as freshwater venues are easier to police than the open sea.

There are a number of sea anglers I know who have withdrawn, or are seriously considering withdrawing their membership of the AT because of this apparent lack of positive results.

I'm probably not the only one who lacks confidence about gathering evidence about illegal practices at sea.

How about if each club member had a simple? aide memoire to help with evidence gathering - could it be simple?

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Interesting the lack of comments here! It tends to suggest no-one is really sure.

 

Perhaps the Angling Trust should be providing information and adverts on what IS illegal (in terms of commercial fishing) and HOW we should respond if we witness anything!

 

Mike

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