Management Policy Statement
And
Guidance Notes
Eastern Sea Fisheries Joint Committee having been granted for a period of 30 years the right of regulating a fishery for oysters, mussels, cockles, clams, scallops and queens, hereafter referred to as "prescribed species", within that part of the Wash in the counties of Norfolk and Lincolnshire which lies below the line of mean high water, hereby issue the following guidance notes to holders of licences issued under Article 8 of the Wash Fishery Order 1992.
These guidance notes are a statement of the policy of the Committee with regard to their role as grantees of the Wash Fishery Order 1992 (hereafter referred to as the Order) and their management of the Wash Molluscan shellfish fishery within the regulated fishery. The notes incorporate relevant provisions of the Order. You are advised to acquaint yourself additionally with the Wash Fishery Order 1992 Regulations.
In this statement the expression "prescribed species" means oysters, mussels, cockles, clams and queens.
Note 1
No person shall dredge, fish for or take any of the prescribed species from
within the regulated fishery, the boundary of which is shown on the plan
attached to these notes, except under the authority of a licence issued
in that behalf on application by the Committee.
Note 2
No person shall be granted a licence under Article 8 of the Order unless
such a person's name appears on a register of pre-qualified persons (see
Notes 13 & 14 below). Any individual acting as skipper (named representative
or nominated deputy) on a WFO licensed vessel must also appear on the pre-qualified
register.
Note 3
No person shall use a vessel for dredging, fishing for or taking any of
the prescribed species within the regulated fishery except under the authority
of a licence issued under Article 8(1) of the Order in which the vessel
is named.
Note 4
No vessel named in a licence issued under Article 8 of the Order may be
used to dredge, fish for or take the prescribed species within the regulated
fishery under the authority of such a licence unless such a vessel is a
British Registered Fishing Vessel and in possession of the relevant licence
issued by the Ministry of Agriculture, Fisheries and Food applicable to
its length. The production of the Registration Certificate and the relevant
MAFF licence must accompany any application by the owner for a licence.
The vessel's Name, Port Letters and Number shall be clearly displayed as
provided for in Schedule 4 of the Merchant Shipping (Registration of Fishing
Vessels) Regulations 1988.
Note 5
A licence issued under Article 8 of the Order shall be granted jointly to
the owner of the vessel and his representative and shall be used only by
those persons named therein or, with the written authority of the Committee,
by a deputy nominated by those persons.
Note 6
Any person to be licensed under the provisions of Article 8 of the Order
shall pay to the Committee before or upon receipt of the licence a toll
of £200 per annum or £30 per month in respect of a combined
licence which authorises the dredging, fishing for or taking of mussels
and cockles. The Committee may from time to time, with the consent of the
Minister, vary the toll payable and may introduce tolls of different amounts
in respect of each of the prescribed species for which dredging, fishing
for or taking is authorised.
Note 7
The maximum catch per calendar day shall be limited to; for mussels 4000
kilograms per licence holder and for cockles, 4000 kilograms per licence
holder when dredging and 2000kg per licence holder when handworking. The
catch shall be contained in bags, boxes or bins.
Note 8
Having regard to the Committee's need to assess the level of exploitation
of the fishery all holders of licences issued under Article 8 of the Order
must, for each of the prescribed species so licensed, provide the Committee
by the 5th day of every month, a daily record for the preceding month of
actual catch taken, area fished, fishing effort (time and method) and any
such data that the Committee may require to effectively manage the fishery.
Note 9
Subject to any directions given by the Minister and contained within Article
8 of the Order, licences to dredge, fish for or take any of the prescribed
species may be issued by the Committee in such numbers and to such persons,
and may authorise the dredging, fishing for or taking of those species specified,
at such times, in such manner and to such extent as the Committee may determine.
Note 10
Having regard to Article 8(6) of the Order the Committee may place a limitation
on the number of licences issued in any one year, having particular regard
to the scientific advice on the desirability of limiting the level of exploitation
and after consultation with such organisations as appear to it to be representative
of interests likely to be substantially affected by such a limitation.
Note 11
A licence issued under Article 8 of the Order shall be valid for a period
not exceeding 12 months specified therein. However, having particular regard
to the scientific advice on the desirability of limiting the level of exploitation
and after consultation with such organisations as appear to be representative
of interests likely to be substantially affected and in accordance with
Article 8(5)&(6) of the Order, the Committee may suspend all licences
for a particular species authorised in order to conserve stocks.
Note 12
If a vessel named on a licence issued under Article 8 of the Order authorising
the dredging, fishing for or taking of any of the prescribed species is
sold then the licence shall be cancelled immediately. If the vessel is sold
to a pre-qualified person (as defined in Note 13 below) the Committee shall
issue a licence to the new owner. The Committee shall have the absolute
discretion to re-issue a licence in the event of the following circumstances;
(i) if the licensee selling the vessel is replacing such vessel with another
(ii) special circumstances relating to the transfer of ownership between
close relatives.
Note 13
A pre-qualified person shall be such a person whose name appears on a register,
held by the Committee, and who is in possession of the relevant certificates
required under the Fishing Vessels (Safety Training) Regulations 1989 or
be exempt from such regulations by virtue of their age.
Note 14
A registered person shall exhibit his entitlement to a licence under Article
8 of the Order by providing the Committee with evidence of having three
years experience of fishing within the Wash. The Committee shall determine,
after consultation with such organisations as appear to it to be representative
of interests likely to be substantially affected, what level of experience
is deemed appropriate. Any individual acting as skipper (named representative
or nominated deputy) on a WFO licensed vessel must also present evidence
of having three years experience of fishing in the Wash. Endorsements of
the individual’s stated qualifications by one or more of the local
fishermen’s associations would be advantageous but would not necessarily
be viewed as sufficient evidence. Applications from any individual applying
to join the pre-qualified persons register would need to be considered by
members of the Joint Committee at a Committee meeting.
Note 15
Any person dredging, fishing for or taking any of the prescribed species
under the authority of a licence issued under Article 8 of the Order shall,
when so requested by any Officer authorised by the Committee and after production
by that Officer of written evidence of his authority, if so required, produce
the licence and shall desist from dredging, fishing for or taking said shellfish
until it is produced.
Note 16
Any person employed on a vessel named on a licence issued under Article
8 of the Order authorising the dredging, fishing for or taking of any of
the prescribed species shall be in possession of the relevant certificates
required under the Fishing Vessels (Safety Training) Regulations 1989 or
be exempt from such regulations by virtue of their age.
Note 17
Except with the prior consent in writing of the Committee, no person shall
remove any culch or other material for the reception of spat from the regulated
fishery or from one part of the regulated fishery to another. Any person
lifting any culch or other such material within the regulated fishery, whether
in the course of dredging or fishing or otherwise, shall replace it forthwith
as nearly as possible in the place from which it was lifted. The forgoing
shall not apply to a removal or lifting effected by raising an anchor or
other mooring device for the purpose of navigation.
Note 18
Any person who has been licensed under Article 8 of the Order to dredge,
fish for or take any of the prescribed species as a commercial activity
or part of a commercial activity at any time within the period of 24 months
immediately preceding the date of his application for a new licence shall
be entitled to have a new licence issued to him unless;
he has on at least two separate occasions
within a 5 year period prior to the date of application for a new licence
been convicted of a relevant offence, that is to say, an offence under
either;
Section 3(3) of the Sea Fisheries (Shellfish) Act 1967 as amended which
states;
"Any person who dredges, fishes for or takes shellfish of any description to which any such order applies in contravention of any such restriction or regulation, or without paying any such toll or royalty, as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale and to forfeit all such shellfish so taken or, if they have been sold, a sum equal to their value; and any such shellfish or sum so forfeited shall be recoverable in like manner as a fine",
or
an offence under Section 11(5) of the Sea Fisheries Regulation Act 1966
which states;
"without prejudice to the operation of subsections (2),(3) and (4) above, any person who contravenes any byelaw of a local fisheries committee shall be guilty of an offence and liable upon summary conviction to a fine not exceeding level 5 on the standard scale",
such byelaws having been made under the powers contained in Section 5(1) of the Sea Fisheries Regulation Act 1966, in which case the Committee may refuse to grant him a licence.
Note 19
In the event of failure to comply with any of the Regulations made by the
Committee under Article 7 of the Order (the Wash Fishery Order 1992 Regulations),
any of the Byelaws made under Section 5(1) of the Sea Fisheries Regulation
Act 1966 and any of the provisions laid out in this Policy Statement the
Committee shall have the absolute discretion to refuse to grant a licence
the following year.
Note 20
Once a vessel has been named on a licence using an entitlement,
the vessel is dedicated to that entitlement. The entitlement holder and
owner of the vessel can not subsequently licence the vessel using a different
entitlement. Only after presenting documentation proving a change of ownership
can the entitlement holder licence a different vessel on that entitlement.
Note 21
A vessel cannot be licensed using any entitlement held by
any of the vessel’s previous owners.
Dated: October 1992
Amended 13 January 2009