Sorry for the long post but here is the new legislation for Devon and Severn IFCA:
Devon and Severn diving permit byelaw
Devon and Severn IFCA: Diving Permit Bye-law
BSAC and SAA have been requested to make their members aware of a byelaw that has recently been advertised by the Devon and Severn Inshore Fisheries and Conservation Authority.
If confirmed by the Minister the Bye-law will be in force from 1st March 2015.
In summary the Byelaw states that:
Divers may not remove any crab, lobsters or scallops from any fishery within the Authority’s district otherwise in accordance with a permit issued by the Authority. Any of the above found on a vessel within the district whilst persons are engaged in diving will be deemed to have been removed from a fishery within the district.
Permits can be issued to individual divers; the permit will cost £20 and last for up to two years. Individuals are limited to 2 lobsters, 2 crabs and 15 scallops per day and these must be for personal consumption. Previously a leisure diver would not have been able to retain any scallop during the months of July, August and September under the inherited Byelaw but can now catch up to 15 scallops per day all year round.
The purpose of the Byelaw is stated to be for the following reasons:
- Permit schemes help the Authority understand the level of catching across both commercial and leisure activities by requiring permit holders to provide catch data as a condition of use of the permit.
- It enables the Authority to establish direct communication with individuals from an important sector providing an opportunity for divers and the Authority to become better informed about issues that would be of direct or indirect interest to both.
- One of the guiding principles of the Authority’s review is to create a culture where by the selling of fish from unlicensed activity is not acceptable.
Full details of the Byelaw and impact assessment can be found on the
Devon and Severn IFCA website
Response from the BSAC and SAA
BSAC (and the SAA) broadly supports the inclusion of diver based harvesting within the sustainable fishery management policies of local fishery regulators like the IFCAs and are pleased that divers are being seen as stakeholders in the management of our commercial populations.
In additional we do not condone the illegal selling of shellfish by recreational divers.
At this point there are some issues that we would wish to bring to the attention of the IFCA as part of the consultation process:
Q: What are the plans to enforce this bye-law? As one of the aims is to provide greater levels of data with respect to levels of diver take it would be unfortunate if increased regulation led to the a greater level of concealment of the practice.
A: The Authority operates a risk based approach to enforcement. The byelaw is designed, in part, to make enforcement of the management measures more effective. Using information provided by divers or members of the public (an out office number is available
07740 175479 to report any suspicious fishing activity) the Authority will undertake planned enforcement operations.
From the responses that we have received the Authority believe that most divers will actively support the Authority’s approach and will wish to support the Authority’s management by providing accurate catch data and habitat information.
Q: What plans do the IFCA have to engage with BSAC and SAA to communicate with divers during the roll out of the permit programme and also to present the outcomes of the data collection exercise in the future?
A: As mentioned above the permit system will create the opportunity to communicate directly with divers actively diving in the Authority’s district. The Authority can use this link to provide divers with survey data and future management proposals and receive divers’ views and feedback.
We will be present at the International Shipwreck Conference in Plymouth on 7th February 2015. We will also be presenting at the Plymouth Sound Dive Club in Plymouth on 2nd February 2015. In addition, we will be looking to provide dive shops in the district with leaflets informing divers of the new legislation and information about the Authority.
Q: The process of applying for a permit is likely to discourage divers from participating. Have the IFCA considered management through diver education and personal limits as described applying to all divers. Divers could then be encouraged to submit information about their take.
A: We will be looking to make the permit application process easier in the future and accept that it is not at present as straight forward as other schemes. ( EA Freshwater rod licences). For the duration of the Byelaw, in its current form ( must be reviewed at least every five years), the cost of the permit is set at a relatively modest level and can be valid for up to two years. The cost of the permit should therefore not be a factor in a diver’s consideration on whether to apply for a permit or not.
Applying management through a code of conduct was considered but it was felt that it would not achieve the same outcomes delivered through a permitting byelaw.
Communication links would be more difficult to establish with individual divers. A code of conduct approach would not dissuade some divers to refrain from their current catching practices which are in conflict with the Authority’s opinion of what a recreational activity should be.
The Authority is unlikely to be able to determine the level of shellfish activity undertaken by divers through a voluntary approach.
Q: The current restrictions on taking scallops during summer months is in line with the Marine Conservation Society recommendations that we should avoid eating scallops caught between April-September due to the breeding season of scallops. Allowing divers to remove scallops during this period seems contradictory in terms of maintaining the fishery stocks, although commendable in terms of allowing access to divers.
A: The summer closure in July, August and September of the scallop fisheries in the entire district will continue for the commercial sector to support the protection of the scallop stocks during the spawning period. Indeed the previous derogation for vessel trawling to land up to 120 scallops per day has been revoked. The protection of the stock needs to be balanced with the needs of the different user groups and it is likely that most leisure divers will dive mainly during the summer months and taking scallops at this time might represent their only real opportunity to do so. If the catch limit is set at a low enough level the impact on the stocks, even at a very local level, should be acceptable. The catch limits and seasonal closures are both applied through the permit conditions and can be changed following evidence gathering and consultation.
Any divers wishing to comment on the Bye-law or having further questions should either contact the Devon and Severn Inshore Fisheries and Conservation Authority directly or forward their thought to the BSAC Environmental Group (
environment@bsac.com ) who will provide further comment to the IFCA as necessary.