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BACKGROUND

The Fisheries Act 2020 provides the framework to manage our fisheries as an independent coastal state outside of the EU Common Fisheries Policy.  Fisheries Management Plans (FMPs) are a requirement of the Act, the UK Joint Fisheries Statement, and a commitment in the England Environmental Improvement Plan 2023. Fisheries policy authorities (Defra, and the devolved administrations) have been tasked to develop and then publish 43 FMPs and the Crab and Lobster FMP and Whelk FMP are two of the six first tranche ‘frontrunner’ FMPs.

What are Fisheries Management Plans (FMPs) and why are they important?

What is an FMP?

An FMP is an evidence-based action plan that charts a course to sustainable fisheries for current and future generations. Once published, the FMP will last for six years. It will set out both a longer-term vision and goals for the fishery (or fisheries), together with the policies and management interventions necessary to achieve these goals in the shorter term. As well as focussing on sustainable stocks, Defra intends to use FMPs to help tackle environmental, social, and economic issues associated with our fisheries, significantly enhancing our ecosystem-based approach to fisheries management and securing the economic and cultural benefits we gain from fish and from fishing. FMPs could draw upon existing tools, require new regulations or technical measures, or use non-statutory routes such as research plans, voluntary agreements and codes of conduct.  After publication, each plan will remain a live document that will be monitored, reviewed, and adapted as needed. Management actions must be adapted and updated when necessary to ensure the FMP meets its goals.

The first tranche "frontrunner" FMPs

In an effort to meet the UK Joint Fisheries Statement target of 43 FMPs, Defra has split the development of FMPs into different tranches.  The first tranche consists of 6 ‘frontrunner’ FMPs, (Crab and Lobster, Whelk, King Scallop, Bass, Channel demersal non-quota stocks (NQS), and Southern North Sea and Eastern Channel mixed flatfish).  These frontrunners have piloted different ways of preparing plans in partnership with industry groups and other stakeholders, and lessons learnt from these projects will help shape future FMP work.  Each frontrunner FMP has a delivery partner who has worked with Defra and stakeholders to draft plans that represent a wide range of views.

DEFRA are running an 11-week national consultation on each of these 6 FMPs running from the 17 July 2023 until the 1 October 2023.  The consultation provides an opportunity for to help shape and influence the development of these FMPs and the future of fisheries management policy in England.   

 

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What is the role of IFCAs in fisheries management

The national IFCA vision

“Inshore Fisheries and Conservation Authorities will lead, champion and manage a sustainable marine environment and inshore fisheries, by successfully securing the right balance between social, environmental and economic benefits to ensure healthy seas, sustainable fisheries and a viable industry.”

 

Ten Inshore Fisheries and Conservation Authorities (IFCAs), and the districts for which they have responsibility, were established under sections 149 and 150 of Marine and Coastal Access Act 2009 (MACAA 2009). IFCAs have clearly defined duties to manage sustainable fisheries and conserve the wider marine environment within the English coastal waters between 0-6 nautical miles.

An IFCA must manage the exploitation of sea fisheries resources in its district, in doing so it must:

  1. seek to ensure that the exploitation of sea fisheries resources is carried out in a sustainable way.
  2. seek to balance the social and economic benefits of exploiting the sea fisheries resources of the district with the need to protect the marine environment from, or promote its recovery from, the effects of such exploitation.
  3. take any other steps which in the Authority’s opinion are necessary or expedient for the purpose of making a contribution to the achievement of sustainable development.
  4. seek to balance the different needs of persons engaged in the exploitation of sea fisheries resources in the district.

An IFCA must also seek to ensure that the conservation objectives of any MCZ in the district are furthered.                                                         

 

Making fisheries byelaws

The ability to make IFCA byelaws is set out in MACAA 2009 and byelaw powers are designed to allow a degree of flexibility and adaption. Many IFCAs have used these powers to make byelaws relating to the sustainable exploitation of the crab, lobster and whelk fisheries.  Provisions that may be made by a byelaw under section 156 include prohibiting or restricting the exploitation of sea fisheries:

  1. in specified areas or during specified periods;
  2. limiting the amount of sea fisheries resources a person or vessel may take in a specified period.

The provisions cover:

• permits (including conditions for the issue, cost and use of permits)

• vessels

• methods and gear, (including the possession, use, retention on board, storage or transportation of specified items)

• protection of fisheries for shellfish, including monitoring by:

  1. requiring vessels to be fitted with specified equipment;
  2. requiring vessels to carry on board specified persons for the purpose of observing activities carried out on those vessels;

• marking of gear

• identification of items

• information that those involved in the exploitation of sea fisheries resources in an IFCA district must submit to the IFCA.

 

More specifically, byelaws may:

• prohibit or restrict the exploitation of sea fisheries resources in specified areas or periods or limiting the amount of resources that may be exploited or the amount of time a person or vessel may spend exploiting fisheries resources in a specified period.

• prohibit or restrict the exploitation of sea fisheries resources in an IFC district without a permit.  IFCAs will be able to recover the costs of administering and enforcing a permit scheme, attach conditions to permits and limit the number of permits they issue under a particular scheme.

• prohibit or restrict the use of vessels of specified descriptions and any method of exploiting sea fisheries resources. The possession, use and transportation of specified items or types of items used in the exploitation of sea fisheries resources may also be prohibited or restricted. This would enable an IFCA to require the use of a particular method of sea fishing or an item used in sea fishing (for example to reduce by-catch) by means of a prohibition on the use of other methods and items.

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Gear used to fish for crab, lobster and whelks

Crab and Lobster

Two main shapes of trap are used to target brown crabs: the inkwell-shaped trap with a plastic funnel entrance and a standard D-shaped trap with entrances on either side or on top. Inkwell traps and D-shaped traps with parlour sections (separate sections designed to retain catch) are both popular with larger vessels. Large vessels on the east coast of England in particular show preference for D-shaped traps with parlour sections. However, different traps are favoured by each fisherman across different areas of the UK.  The D-shaped trap with two entrances is favoured by lobster fishermen, however lobsters may also be caught as valuable bycatch in inkwell-style pots in crab fisheries). Brown crab and European lobster are generally targeted, with velvet crabs, spider crabs and crawfish mostly caught and landed as bycatch species.

Whelks (UK vessels)

Targeted whelk fisheries primarily use baited pots and traps.

Whelk pots may be purpose-built pots or made from repurposed plastic containers .Pots are weighted and fished on the seabed in strings or ‘shanks’, marked at each end with a marker buoy. Pots are baited with mixtures of natural baits including crab, dogfish, or forage fish.

In the period of 2016 to 2021 over 98% of all whelk landings in England were from vessels using pots and traps