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Limits of the district
as defined by The South Wales Sea Fisheries District
(Variation) Order 1980 - SI 1980 No. 823
The district comprises
so much of the sea within the national waters of the
United Kingdom adjacent to Wales and so much within
six nautical miles from the baselines from which the
breadth of the territorial sea of the United Kingdom
adjacent to Wales is measured, with the adjoining
coast, as lies within the following limits, namely:-
the Estuary of the River Severn, the Bristol Channel
and the sea adjacent to the coast of Wales to the
southward of a line drawn true north - west from the
northern extremity of Cemaes Head in the county of
Pembrokeshire (52'07.10'N, 04'43.85'W) (being the
southern boundary of the North Western and North Wales
Sea Fisheries District) and to the westward of a line
drawn from a point on the eastern side of the mouth
of the Rhymney River in the county of Cardiff (51'29.40'N,
03'07.10'W) true north of the lighthouse on Flat Holm,
thence to the said lighthouse, and thence true east
to the coast of the county of Avon.
The district shall not
include any part of the sea which lies to the south-ward
of the equi-distant line drawn between the coast of
Wales and the opposite coast of England.
The sea fisheries district
shall not extend above a line drawn at or near the
mouth of every river or stream flowing into the sea
or into any estuary within the limits of the said
district, as follows:-
A line drawn across the
River Gwaun, from Castle point to saddle point;
A line drawn across the
Western Cleddau River, true south - west from the
southernmost extremity of Picton Point to the opposite
shore;
A line drawn across the
Eastern Cleddau River, true south - east from the
southernmost extremity of Picton Point to the opposite
shore;
A line drawn across the
River Taf, between the Laugne Castle and Black Scar;
A line drawn across the
River Tywi, true east from the south - easternmost
corner of Llansteffan Castle to the opposite shore;
A line drawn across every
river or stream flowing into the sea or into any estuary
between Ferryside and Gowerton railway stations, along
the seaward side of the bridges carrying the railway
between these two stations respectively;
A line drawn across the
River Tawe, along the seaward side of the bridge carrying
the A483 road at Swansea;
A line drawn across the
River Neath, along the seaward side of the bridge
carrying the A48 road at Briton Ferry;
A line drawn across the
River Severn, from a point of the eastern side of
the mouth of the Rhymney River ion the county of Cardiff
true north of the lighthouse on Flat Holm, thence
to the said lighthouse, and thence true east to the
coast of the county of Avon;
A line drawn across every
river or stream not herein before specified, such
line being drawn at the limit of mean high water springs.
In respect of the rivers,
streams and estuaries above the lines beyond which
the district does not extend, the Environment Agency
( Welsh Region) have the powers of a local fisheries
Committee.
A chart is supplied, for
illustrative purposes only, showing the extent of
the South Wales Sea Fisheries Committee District.
Any person who refuses
to allow a fishery officer to exercise his powers
under the Sea Fisheries Regulation Act 1966, or who
resists or obstructs such officer in the performance
of his duty, is liable on summary conviction to a
fine not exceeding level 5 on the standard scale (currently
£5,000).
The skipper and the owner
or charter of any vessel used for fishing in contravention
of a byelaw are each liable to a fine not exceeding
level 5 on the standard scale (currently £5,000),
and the Court by which any such person is convicted
may also order forfeiture of any net or other gear
or fish used or taken in the commission of the offence.
Any person who contravenes
any byelaw is liable on summary conviction to a fine
not exceeding level 5 on the standard scale (currently
£8,000)
Except where the text
otherwise implies, all Byelaws apply to the entire
South Wales Sea Fisheries Committee District as defined.
The full text of any Byelaw as confirmed by the Secretary
of state is available upon request from SWSFC offices.
The attention of fishermen and others is called
to the existence of Statutory Instruments and European
law under Council Regulations EC850/98, in force from
time to time dealing with minimum sizes of mesh of
nets, minimum sizes of certain fish including shellfish
and other matters and to the liability to penalties
thereof. Such regulations are in addition to the foregoing
Byelaws, and you are strongly advised to contact the
South Wales Sea Fisheries Committee to receive an
update of current legislation.
Byelaws are subject to change from time to time.
The date that each Byelaw was last confirmed by the
Secretary of State for Wales is indicated alongside.
All Byelaws heretofore in force in
the South Wales Sea Fisheries District are hereby revoked,
provided that nothing in such revocation shall affect
any penalty, forfeiture or punishment incurred in respect
of any offence committed against any Byelaw so revoked.
confirmed 4/12/97
The following byelaws
made under Section 5 of the Sea Fisheries Regulation
Act 1966, as read with section 37 of the Salmon Act
1986, shall apply to those parts of the sea fisheries
district lying within six nautical miles measured
from the 1983 baselines except where the contrary
intention appears in a byelaw.
For the purposes of
this byelaw "the baselines" means the baselines as
they existed at 25 January 1983 in accordance with
the Territorial Waters Order in Council 1964 (1965
III p.6452A, as amended by the Territorial Waters
(Amendments) Order in Council 1979 (1979 II p.2866).
Provided that nothing
in these byelaws shall apply to any person bona
fide fishing for sea fish for scientific or for
stocking or breeding purposes under the written authority
in that behalf of the Committee signed by the Director
or of the Secretary of State for Wales and in accordance
with the conditions contained in that authority.
In these Byelaws where the context so
admits, the words importing the singular number only
include the plural number and words importing the
masculine gender include the feminine gender.
confirmed
14/04/98
No person shall take
or otherwise remove from any part of a fishery within
the South Wales Sea Fisheries Committee District any
lobster (Homarus gammarus) of less than 90
mm carapace length. The carapace (body shell) shall be measured parallel to the mid line, from the rear of either eye socket to the distal edge of the carapace. Lobsters
of below this size shall be returned immediately to
the sea at a position as nearby as is possible from
where they were taken.
(Welsh
Office confirmation awaited)
confirmed
14/4/98
No person shall fish for or take any
V-notched or mutilated lobster of the species Hommarus
gammarus. Any lobster so marked shall be returned
immediately to the sea.
For the purpose of this byelaw:
'V-notch' means an indentation
in the shape of the letter 'v' made in any one or
more of the five flaps of the tail fan of the lobster.
'Mutilated lobster' means any lobster
which has any of the five flaps of the tail fan missing
or mutilated in such a manner that could hide or obliterate
a V-notch.
'Flap' means any part of the five flaps
of the tail fan of the lobster.
confirmed
4/12/97
No person shall take
or otherwise remove from any part of a fishery within
the South Wales Sea Fisheries Committee District any
crab of the species Cancer pagurus, which measures
less than 140 mm across the broadest part of the back.
Crabs of below this size shall be returned immediately
to the sea at a position as nearby as is possible
from where they were taken.
confirmed
4/12/97
No person shall take or otherwise remove
from a fishery within any part of the South Wales
Sea Fisheries Committee District any Crawfish (Palinurus
elephas) with a length of less than 110 millimetres
being the length measured along the centre line of
the carapace (body shell) from the tip of the central
rostral spine to the distal edge of the carapace.
Crawfish of below this size shall be
returned immediately to the sea at a position as nearby
as is possible from where they were taken.
confirmed 4/12/97
No person shall take
or otherwise remove from a fishery within any part
of the South Wales Sea Fisheries Committee District
any bass (Dicentrarchus labrax) with a length
of less than 37.5 centimetres, measured from the tip
of the snout to the tip of the tail. Bass of below
this size shall be returned immediately to the sea
at a position as nearby as is possible from where
they were taken.
confirmed
4/12/97
No person shall take
or otherwise remove from a fishery within any part
of the South Wales Sea Fisheries Committee District
any thick lipped grey mullet of the species (Chelon
labrosus) with a length of less than 35 centimetres,
measured from the tip of the snout to the tip of the
tail. Thick lipped grey mullet of below this size
shall be returned immediately to the sea at a position
as nearby as is possible from where they were taken.
confirmed
4/12/97
No person shall take or otherwise remove from a fishery within any part of the South Wales Sea Fisheries Committee District any skate or ray that measures less than 45* centimetres between the extreme tips of the wings or any wing which measures less than 22* centimetres on its maximum dimension and which is detached from the body. Skate and ray below this size shall be returned immediately to the sea at a position as nearby as is possible from where they were taken.
*effective 4/12/2000.
confirmed
4/12/97
No person shall take
or otherwise remove from any part of a fishery within
the South Wales Sea Fisheries Committee District unless
with the written authority of the Director of the
Committee, and in accordance with any conditions contained
in that authority any whelk (Buccinum undatum L)
which would pass through a riddle or any like
instrument having bars which are square in section
and which are not less than 35 mm apart. Whelks under
this size which can pass through such a riddle shall
be returned immediately to the sea at a position as
nearby as is possible from where they were taken.
Except that whelks under this size shall
be allowed, provided that their total number does
not exceed 10% of a random sample comprising a minimum
of 100 individuals.
Explanatory Note: From the
1st August 1998 the written authority of the Director
envisaged above is available to Class Il permit holders.
(Byelaw 41)
confirmed
4/12/97
No person shall fish for or take periwinkles
of the species Littorina littorea otherwise
than by hand picking.
No person shall remove
from any part of a fishery within South Wales Sea
Fisheries Committee's District any periwinkle which
will pass through a gauge within a square opening
of thirteen millimetres measured over each side of
the square.
confirmed
4/12/97
No person shall take or otherwise remove
from any part of a fishery within the South Wales
Sea Fisheries Committee District:-
a) Any oyster of the species Ostrea
edulis known as the European flat oyster that will
pass through a gauge having a circular opening of
70 mm in diameter.
b) Any mussel (Mytilus edulis) of
less than 51 mm in length provided that it shall
not be an offence under this Byelaw to remove mussels
from a fishery of less than 5 lmm in length in accordance
with the prior written authority of the Director
to the Committee or as permitted by his appointee
at the time of removal.
c) Any cockle (Cerastoderma edule)
that will pass through the gauge of a riddle or
like instrument used for the purpose of riddling,
sorting or sifting cockles which has an aperture
19 mm square, provided that it shall not be an offence
under this Byelaw to remove cockles from a fishery
in accordance with the prior written authority of
the Director to the Committee or as permitted by
his appointee at the time of removal.
Shellfish, the taking or removal of
which is prohibited by this byelaw, shall be returned
immediately to the sea at a position as nearby as
is possible from where they were taken.
confirmed
4/12/97
No person shall take
or otherwise remove from any part of a fishery within
the South Wales Sea Fisheries Committee District any
scallop of the species Pecten maximus which
measures less than 110 mm across the width of the
shell nor any part of any scallop which is detached
from the shell. Scallops of less than this size shall
be returned immediately to the sea at a position as
nearby as possible from where they were taken.
Confirmed
4/12/97
No person shall cause
or permit any mechanically propelled vehicle to stand
on or pass over any part of the area regulated by
the Burry Inlet Cockle Fishery Order 1965, without
the prior written authority of the Committee and in
accordance with the conditions set out in that authority,
provided that the provision of the above mentioned
Byelaw shall not apply to the carrying out of any
operation by any Organisation in the exercise of any
of its statutory functions.
confirmed
4/12/97
No person shall fish,
take or otherwise remove cockles (Cerastoderma
edule) from within any part of the area regulated
by the Burry Inlet Cockle Fishery Order 1965 on a
Sunday except with the prior written authority of
the Director of the Committee.
confirmed 4/12/97
a) No person shall fish for, take
or otherwise remove cockles (Cerastoderma edule)
from within any part of the area regulated by
the Burry Inlet Cockle Fishery Order 1965, except
as permitted by the provisions of a licence in that
behalf, or by the prior written authority of the
Director to the Committee and in accordance with
the conditions set out in that authority or by the
authority of the appointee of the Director present
at the time of removal except that:-
b) In that part of the area regulated
by the Burry Inlet Cockle Fishery Order 1965, which
lies to the east of a line drawn from the eastern
bank of the Llanrhidian Pill in the south, true north
until it meets the western extremity of the Llanelli
Dock 51°39.95'N, 04°09.80'W, in the north, a person
who is not the holder of a licence under that Order
may fish for, take or otherwise remove not more than
8 kg of cockles in any one day and those cockles shall
not be offered for sale or processed for sale, and
that these shall be removed from the fishery on his
own behalf and on the day on which they were gathered.
confirmed
29/06/98
No person who is the
holder of a licence issued under the provisions of
the Burry Inlet Cockle Fishery
Order 1965 shall fish for, take or otherwise remove
more than 100 kg of cockles in any one day from
the area regulated by the said Order except in accordance
with the prior written authority of the Director
to the Committee or by the authority of his appointee
present at the time.
confirmed
4/12/97
No person shall bring
ashore, fish for or take or remove cockles (Cerastoderma
edule) from any part of any fishery within the
area regulated by the Burry Inlet Cockle Fishery order
1965, otherwise than on his or her own behalf and
on the day on which they were gathered.
confirmed
14/4/98
No
person shall engage in any activity which disturbs
or damages the surface of the sea bed within the areas
specified below, except by prior written authority
of the Director to the Committee and in accordance
with the conditions set out in that authority:-
a) An area
contained within an imaginary line drawn as follows:-
from Burry Port Harbour West Breakwater Lighthouse
in a 1710 (T) direction to the Northern extremity
of Whiteford Point, thence in a 1260 (T) direction
to the disused Spotting Tower at 51° 37' .91N 4°
12' .44W and thence in a 166° (T) direction from
the tower along the Weobley track causeway road
and thence in an easterly direction following the
High Water Mark Ordinary Tides to meet and then
follow a line drawn 000° (T) from the esteern bank
of Llanrhidian Pill along Longitude 04° 09.9'W towards
the western extremity of the Great Western Dock,
Llanelli, to meet and then follow a line drawn 297.5°
(T) to a point 51 °40.6 I'N 04°11.86'W where a line
drawn 180° (T) from the church at Pwll intersects
a line drawn 090° (T) from Burry Port Harbour West
Breakwater Lighthouse, thence in a 270° (T) direction
to Burry Port Harbour West Breakwater Lighthouse.
b) An area contained within an imaginary
line drawn from the Northern extremity of Whiteford
Point, thence in a 1260 (T) direction to the Spotting
Tower (as defined), and thence in a 1660 (T) direction
from the tower along the Weobley Track causeway
road and thence in a Westerly and Northerly direction
following the High Water Mark or Ordinary Tides
to Whiteford Point, provided that such activity
shall only be permitted in the period 1 st May to
30th September (inclusive).
Provided that nothing
in this byelaw shall prevent any person from lawfully
gathering cockles.
confirmed
4/12/97
No person shall fish
for or take cockles (Cerastoderma edule) from
any part of a fishery within the South Wales Sea Fisheries
Committee District between half an hour after sunset
on any day and half an hour before sunrise on the
following day.
confirmed
4/12/97
For the purposes of
enforcing Byelaws the weight of shellfish gathered
from any fishery shall be determined by weighing the
same in sacks and no allowance shall be made in respect
of the weight of the sacks (whether wet or dry) nor
of any sand or other materials present.
confirmed
4/12/97
Any person who takes
any shellfish, the fishing for or taking, gathering
or removal of which from any part of a fishery within
the South Wales Sea Fisheries Committee District is
prohibited by any of the Committee's Byelaws, or the
possession or sale of which is prohibited by or in
pursuance of any Act of Parliament, or any Order or
Regulations made thereunder, shall forthwith re-deposit
the same as nearly as possible in the place from which
they were taken or under the prior written authority
of the Director on other suitable ground, and in re-depositing
cockles (Cerastoderma edule), in accordance
with this Byelaw shall spread them thinly and evenly
over the beds.
confirmed
4/12/97
(i) The Committee
may for the purposes of:
(a) ensuring recovery of depleted
stocks, and/or
(b) ensuring the
protection and development of mainly immature or
undersized or transplanted shellfish, and/or
(c) protection of the fishery, fishery
management and control of exploitation.
temporarily close any shellfish fishery, any bed
or part of a bed of shellfish which in the Committees'
opinion ought not to be fished.
(ii) No person shall,
without the prior written authority of the Director
of the Committee, fish for, remove, take or disturb
any shellfish from any fishery or part thereof, which
has been closed under this byelaw.
(iii) Where the Committee
is of such opinion, and it is practicable to do so,
notices shall be displayed in the vicinity of the
closed fishery, and/or published in a newspaper circulating
in the district in which the shell fishery is situated,
and/or written notice shall be given by one of the
Committees' Officers, clearly defining the closure
area.
confirmed
4/12/97
No person shall use
in fishing for sea fish any towed fishing gear in
the waters contained within that part of the River
Daugleddau upstream from the Pembroke to Neyland road
bridge without the written authority of the Director
to the Committee, and in accordance with the conditions
set out in that Authority.
confirmed 4/12/97
No person shall use
in fishing for sea fish in the waters contained within
that part of Milford Haven and the River Daugleddau
to the east of longitude 05°02'West any trawl, Danish
(Anchor) seine or Fly dragging seine.
No person shall use in fishing for sea
fish any fishing dredge or any beam trawl within the
area detailed below.
From the northern point
of Gateholm Island due North to the mainland. From
the southern point of Gateholm Island a straight line
in a direction of 278°(T) to a position 2.75 cables
due south (T) of the western extremity of the Mew
Stone thence 2.75 cables off the mainland shore of
Skomer around the west coast of the Island to a position
2 cables due north (T) of the Garland Stone, thence
a straight line in a direction of 098° (T) to a position
51°44.5'N,05°1YW, thence due south (T) to the mainland
coast.
confirmed 4/12/97
No person shall fish for, take or land
any scallop of the species Pecten maximus or
of the species Chlamys opercularis from the
area detailed below.
From the northern point of Gateholm
Island due North to the mainland.
From the southern point
of Gateholm Island a straight line in a direction
278° (T) to a position 2.75 cables due south (T) of
the western extremity of Mew Stone, thence 2.75 cables
off the mainland shore of Skomer around the west coast
of the Island to a position 2 cables due north (T)
of the Garland Stone, thence a straight line in a
direction of 098° (T) to a position 51°44.5'N,05°lYW,
thence due south (T) to the mainland coast.
confirmed
14/4/98
No person shall fish for sea fish either
from or by using a boat of any description in the
fishing operation in the following areas and during
the periods indicated:
All tidal water enclosed by a line drawn
at a radius of 1 nautical mile from Breaksea Point
(Map a).
Map (A)
All tidal waters within the SWSFC
District as defined, enclosed by a line drawn 071°
tree from Whiteford
Lighthouse to Llanelli Docks and a line drawn 180°
true from Whiteford Lighthouse to the shore (Map b).
All tidal waters within the SWSFC District
as defined, enclosed by a line drawn 119° true from
Ginst Point to Pen Tywyn Point (Map b).
All tidal waters within the SWSFC
District as defined, enclosed by a line drawn from
the shore along the
eastern side of the Texaco Terminal approach jetty
to the southern-most part of the T-jetty thence
eastwards along the southern edge of the jetty to
the extremity at No. 3 berth (51°41.87'N, 05°01.39'W)
and then 098° true through the Pennar Beacon to the
Llanreath foreshore (51°41.55'N, 04°57.58'W) (Map
c).
Provided that this byelaw
shall not apply to any person fishing from a boat
using a dredge designed to take only molluscs or using
baited pots or traps any dimension of which shall
be less than 1 metre, to take only crustaceans.
confirmed
4/12/97
(1) Any fixed net authorised by these
byelaws shall be cleared offish at least once every
two tides if set below the low water mark, and at
every low tide if set in the intertidal zone, and
any salmon or sea trout (sewin) or undersized sea
fish which is caught by such net shall be returned
to the sea immediately upon the clearing of the net,
whether dead or alive, and if alive, with as little
injury as possible.
(2) No authorised stake net set in the
intertidal zone between the High and Low Water Mark
of Spring tides shall have a height above the sea
bed greater than 1.25 metres (4 ft 1.25 in).
(3) No fixed net which is authorised
by these byelaws shall be placed within 200 metres
of any freshwater source.
NOTE: Attention is drawn to other
byelaws made by the Committee, some of which contain
provisions and restrictions on the use of fixed and/or
drift nets.
The placing and use
of fixed nets by any person bona fide fishing for
sea fish for scientific purposes or for stocking or
breeding under the written authority of the Committee
or of the Secretary of State for Wales and in accordance
with the conditions in the authority is authorised
anywhere within the South Wales Sea Fisheries Committee
District.
Subject to the provisions
of this byelaw, the placing and use of any fixed net
is hereby authorised "within any part of the six mile
Sea Fisheries District as defined" (See Byelaw "Application")
except in the areas and at the time specified below.
In that part of the district lying within
a line drawn between Pen-y-bal and Cat Rock at all
times.
In that part of the district lying between
a line drawn from Penrhynychen to the east Breakwater
Lighthouse and a line drawn from Castle Point to Saddle
Point provided that:
(a) fixed nets having a minimum mesh
size of 150 mm are authorised at any time.
(b) boat set fixed
nets having a mesh size of between 50 and 65 mm
are authorised for taking herring from 1 st October
to the following 1 st March in the area below the
mean low water mark of Spring tides.
In that part of the
district lying within a line drawn from the Cradle
to Dinas Fawr provided that:
Boat set fixed nets
having a mesh size of between 50 and 65 mm mesh size
are authorised for taking herring from 1 st October
to the following 1 st March in the area below the
mean low water mark of Spring tides.
In that part of the district lying within
a line drawn across the river at the seaward side
of the Pembroke to Neyland road bridge provided that:
Boat set fixed nets
having a mesh size of between 50 and 65 mm are authorised
for taking herring from 15 January to the following
30th April in each year.
In that part of the district lying within
a line drawn from Ragwen Point to 51°41.50'N 04°24.30'W
and thence to the shore at 51°43.00'N 04°22.30'W at
all times provided that:
stake nets set parallel to the shore,
saving the parlour or cleve sections of such nets,
are authorised in the following areas:
(a) Pendine Beach - on the foreshore
contained between the High and Low Water Mark of Spring
Tides and between lines drawn due south from Ragwen
Point and Ginst Point. Rivers Taf, Tywi and Gwendraeth
- in that part of the district lying within a line
drawn from Ginst Point to Pen Towyn. Provision A(1)
regarding clearance of nets shall be at least once
every two consecutive low water periods in the above
areas.
On the foreshore contained
within the High and Low Water Marks of Spring Tides
and between lines drawn north west from Pen Towyn
and south from Burry Port Harbour Lighthouse provided
that:
set nets which have
the bottom of the net fastened to the sea bed at several
points along their length, set on the foreshore contained
within High and Low Water Marks of Spring Tides and
between a line drawn from 51°43.00'N 04°22.30'W on
the beach to 51°41.50'N 04°24.30'W and a line drawn
due south from the
Coastguard Lookout (51°40.38'N 04°17.90'W)
are authorised provided that they do not contravene
any regulation stipulated by the owner / lessees of
the foreshore.
In that part of the
district lying within a line drawn from Burry Port
Harbour West Breakwater Lighthouse to the northernmost
point of Whiteford Point provided that: stake nets
set parallel to the foreshore, saving the parlour
or cleave sections of the net, are authorised.
On the foreshore contained
within the High and Low Water Marks of Spring Tides
between a line drawn due west from Whiteford Point
and a line drawn due south from the Guildhall White
Tower in Swansea from 1st April to 30 September in
each year.
In that part of the
district lying within a line drawn from Port Talbot
South Breakwater Lighthouse to 51°35.69'N, 03°52.75'W,
and thence due west to meet a line drawn due south
from the Guildhall White Tower in Swansea during the
period from 1 st April to 31 st October in each year
provided that:
set nets having a mesh
size of between 50 and 65 mm set by boat in the area
to seaward of a line drawn from Port Talbot North
Breakwater Lighthouse to the River Neath Perch Beacon,
51°36.30'N, 03°51.90'W, and thence to 51°35.69'N 03°52.75'W,
are authorised from 1st October to the following 31st
March.
In that part of the
district lying within a line drawn due southwest from
Port Talbot Breakwater South Lighthouse for a distance
of 5.4 cables (987.5 metres) and thence following
the breakwater and coastline at a distance of 5.4
cables (987.5 metres) in a southerly direction to
meet a line drawn due south from Porthcawl Harbour
Lighthouse during the period from 1st April to 31st
October in each year provided that:
the use of fixed nets having a minimum
mesh size of 150 mm set below Mean Low Water Mark
of Spring Tides is authorised at all times.
In that part of the
district lying within a line drawn from Porthcawl
Harbour Lighthouse to 51°26.98'N, 03°40.55'W, off
Tusker Rock and thence to Trwyn-y-Witch on the mainland
coast during the period from 1 st April to 31 st October
in each year.
In that part of the
district lying within a line drawn 5 cables (914.4
metres) to seaward from the high Water Mark of Spring
Tides between lines drawn due south from Breaksea
Point in the west and Rhoose Point in the east during
the period from 1 st April to 31 st October in each
year.
In that part of the
district lying within a line drawn from Lavemock Point
to position 51°27.00'N 03°07.10'W and thence True
north to meet the shore at the eastern entrance to
the River Rhymney at all times.
confirmed 4/12/97
Subject to the provisions contained
in these byelaws the use of drift nets is hereby prohibited
in the areas and at the times specified below.
In that part of the
district lying within a line drawn from Pen-y-Bal
to Cat Rock at all times.
In that part of the district lying between
a line drawn from Penrhynychen to the East Breakwater
Lighthouse and a line drawn from Castle Point to Saddle
Point provided that:
drift nets having a mesh size of between
50 and 65 mm may be used for taking herring from 1st
October to the following 1 st March in the area below
the mean low water mark of Spring tides, are authorised.
In that part of the district lying within
a line drawn from the Cradle to Dinas Fawr provided
that:
drift nets having a
mesh size of between 50 and 65 mm may be used for
taking herring between 1st October and the following
1 st March in the area below the mean low water mark
of Spring tides.
In that part of the district lying upstream
of a line drawn across the river at the seaward side
of the Pembroke-Neyland road bridge at all times.
In that part of the district lying within
a line drawn from Ragwen Point to 51°41.50'N 04°24.30'W
and thence to the shore at 51°43.00'N 04°22.30'W at
all times.
In that part of the district lying within
a line drawn from Burry Port Harbour West Breakwater
Lighthouse to the northernmost point of Whiteford
Point at all times.
In that part of the
district enclosed by a line drawn from Port Talbot
South Breakwater Lighthouse to 51°35.69'N, 03°52.75'W,
and thence due west to meet a line drawn due south
from the Guildhall White Tower Swansea during the
period 1 st April to 31 st October in each year provided
that:
Drift nets having a
mesh size of between 50 and 65 mm set by boat in the
area to seaward ora line drawn from Port Talbot North
breakwater Lighthouse to the River Neath Perch Beacon,
51°36.3'N, 03°51.9'W, and thence to 51°35.69'N, 03°52.75'W,
are permitted from 1st October to the following 31st
March.
In that part of the
district enclosed by a line drawn due southwest from
Port Talbot Breakwater South Lighthouse for a distance
of 5.4 cables (987.5 metres) and thence following
the breakwater and coastline in a southerly direction
at a distance of 5.4 cables (987.5 metres) to meet
a line drawn due south from Porthcawl Harbour Lighthouse
during the period from 1 st April to 31 st October
in each year.
In that part of the
district enclosed by a line drawn from Porthcawl Harbour
Lighthouse to 51°26.98'N, 03°40.55'W, off Tusker Rock
and thence to Trwyn-y-Witch on the mainland coast
during the period from 1 st April to 31 st October
in each year.
In that part of the
district enclosed by a line drawn from 5 cables (914.4
metres) to seaward of High Water mark of Spring Tides
between lines drawn due south from Breaksea Point
in the west and Rhoose Point in the east during the
period from 1 st April to 31 st October in each year.
In that part of the
district lying within a line drawn from Lavemock Point
to position 51°27.00'N 03°07.10'W and thence (T) north
to meet the shore at the eastern entrance to the River
Rhymney at all times.
confirmed 4/12/97
No person shall use
in fishing for seafish any drift, set, stake, stop,
beach seine, drag or other net not being a trawl or
purse seine net unless such net has in all its parts
a mesh of such dimensions that when the mesh is stretched
diagonally lengthwise of the net a fiat gauge 100
mm broad and 2 mm thick shall pass through it easily
without pressure when the net is wet. Provided that
there may be used:-
a) in fishing for mackerel or herring
below Mean Low Water Mark of Spring Tides any fixed
net or drift net set from or recovered by boat having
in all its parts a mesh size of not less than 50
mm and not greater than 65 mm, but so that this
proviso shall not permit the taking or retaining
of any other species of sea fish at any time which
exceeds 10% by weight of mackerel or herring combined
whilst such net is in use.
b) at the times and places at which
and in the manner which it may be reasonably calculated
to take a specified species a net under the prior
written authority in that behalf of the Committee
signed by the Director and in accordance with the
conditions set out in that authority.
confirmed
4/12/97
No person shall use
in the fishing for or taking of sea fish any stake,
set or stop net set between the tidal limits of Mean
High Water and Mean Low Water of Spring Tides except
in accordance with the following conditions:-
a) The maximum
length of any stake, set or stop net shall not exceed
200 metres measured along the headrope.
b) The distance
between any two points on a stake net shall not
exceed 200 metres and no stake net shall have a
height above the sea bed greater than 1.25 metres.
c) No iron or metal supports for nets
and no wire netting shall be used.
d) No portion of
the net shall be nearer the centre of any stream
or channel than the edge of such stream or channel
at low water of any tide.
e) No portion of
the net shall be at a less distance than 200 metres
from any portion of any other net or of any fishing
weir.
f) The site of
the net shall be marked by a single buoy at each
end of the net, visible above the surface of the
water at high water of Spring tides.
g) The owner's
name and contact telephone number and the words
"net" shall be clearly displayed on both buoys marking
the ends of the net.
h) No person shall have in use more
than one net at any one time, and this must be fished
and serviced by the person who set that net unless
he has informed the Committee in advance of the
net being serviced.
confirmed
14/4/98
No person shall use any set or drift
net set from or recovered by boat in fishing for seafish
except in accordance with the following conditions:-
a) The maximum length of net shall not
exceed 200 metres measured along the headrope.
b) No portion of the net shall be at
a less distance than 200 metres from any portion of
any other net.
c) The net shall be marked by buoys
visible above the surface of the water at high water
of Spring tides. d) The boat's name shall be clearly
displayed on or attached to at least one of the buoys
marking the net.
Provided that condition
(a) of this byelaw shall not apply to set or drift
nets set from or recovered by boat which have in all
their parts a mesh of such dimensions that when the
mesh is stretched diagonally lengthwise of the net
a flat gauge 150 mm broad and 2 mm thick shall pass
through it easily without pressure when the net is
wet.
confirmed 4/12/97
No person shall use any double net or
overlapping net, except trammel nets, or artifice
whereby the effect of a reduction of the size of mesh
is produced.
confirmed
4/12/97
No person shall use
in fishing for sea fish in the waters contained within
that pan of the Burry Inlet situated to the eastward
of a line drawn from the seaward end of the Pembrey
Pier to the most northerly point of Whiteford Point,
any net, unless it has in all its parts a mesh of
such dimensions that when the mesh is stretched diagonally
lengthwise of the net a flat gauge 100 mm broad and
2 mm thick shall pass through it easily without pressure
when the net is wet, unless with the prior written
authorisation of the Director of the Committee or
his appointee.
confirmed
4/12/97
No person shall use any drag or beach
seine nets in the fishing for seafish except in accordance
with the following conditions:
(a) a beach seine net shall be
set from and returned to the beach in a continuous
fashion without pause or delay.
(b) a drag net shall be operated
by hand only and no vehicle or vessel shall be used
in the operation of the net.
(c) the maximum length of net shall
not exceed 200 metres measured along the headrope.
(d) the net must not be used within
200 metres of any freshwater source or any other
net.
confirmed 27/03/07
| 1. |
No person shall use any method of fishing for sea fish, or use any instrument of fishing for sea fish from or in conjunction with a vessel which has a capacity greater than 150 units. |
| 2. |
(1) The prohibition in Section 1 of this Byelaw shall not apply to the use of such methods or instruments from vessels in excess of 150 capacity units where;
on or prior to 7 April 2001 the owner of such a vessel held a permit in respect of that vessel issued to him after 31 July 1998 under South Wales Sea Fisheries Committee byelaw ‘Boat Fishing (Catch Returns) Permit’ as confirmed on 4 December 1997 and
a successful application for a Boat Fishing (Catch Returns) Permit as described in subsection (a) above or a permit from any successive scheme continues to be made for any vessel in each calendar year. |
| |
(2) The exceptions set out in this section shall cease to apply to any vessel when there is
(a) any change in its majority ownership, or
(b) any increase in the vessel’s capacity provided that purely administrative changes required by Fisheries Departments shall be allowed. |
| 3. |
(1) Where a vessel benefiting from an exemption under Sec 2 of this byelaw is disposed of, the exception shall apply to any replacement vessel acquired as it did to the vessel disposed of, provided that such replacement vessel or successive replacement shall have no greater capacity than the vessel which was the subject of the original qualification.
(2) A vessel shall only be a replacement vessel for the purposes of this section if:-
its majority ownership is the same as that of the vessel replaced and,
the permit held under South Wales Sea Fisheries Committee byelaw ‘Boat Fishing (Catch Returns) Permit in respect of the vessel replaced has been surrendered in writing to the Committee and,
a successful application for a permit under South Wales Sea Fisheries Committee Byelaw ‘Boat Fishing (Catch Returns) Permit for it is made within one calendar year commencing on 31 December in which the replaced vessel was last the subject of a similar permit. |
| 4. |
Nothing in this byelaw shall permit the use of any method of fishing or the use of any instrument of fishing for sea fish from or in conjunction with a vessel which exceeds 15.90 metres in overall length in that part of the South Wales Sea Fisheries Committee District lying within three nautical miles of the low water mark of the coast or islands or any drying elevations as indicated on the current largest scale Admiralty Chart. |
| 5. |
Existing byelaw ‘Maximum Vessel Size’ made by South Wales Sea Fisheries Committee on 28 June 2000, and confirmed by the Secretary of State for Wales on 10 January 2002 is hereby revoked. |
| 6. |
Without prejudice to the generality of the foregoing, in this Byelaw the following definitions shall apply unless the text implies otherwise:-
‘overall length’ shall mean the dimension of that description entered upon the Register of British Fishing Vessels for the purposes of the Merchant Shipping Act 1995 for the vessel concerned.
‘capacity’ shall mean the figure produced by the following formula:-
overall length in metres x breadth in metres + (total engine power in kilowatts x 0.45).
Where the elements are of those descriptions as entered upon the Register of British Fishing Vessels for the purposes of the Merchant Shipping Act 1995 for the vessel concerned.
‘owner’ and ‘ownership’ shall mean the person or persons named in the ownership and share holding schedule entered upon the Register of British Fishing Vessels for the purposes of the Merchant Shipping Act 1995 for the vessel concerned.
‘Merchant Shipping Act 1995’ shall include any amending, consolidating or replacement Act.
‘Vessel’ shall mean a vessel entered upon the Register of British Fishing Vessels for the purpose of the Merchant Shipping Act 1995.
‘Advertised’ and ‘advertisement’ shall mean as advertised under Regulation 5 of the Sea Fisheries (Byelaws) Regulations 1985.” |
Explanatory Note:- (not forming part of the Byelaw)
This byelaw replaces existing byelaw 38 with further fishing vessel size limitations which will extend to the six mile SFC District.
Vessels wishing to fish within the South Wales Sea Fisheries Committee District must be less than 150 VCUs (capacity units).
However, a pipeline clause is applied which allows for the owners of any vessel registered on the Committee’s Permit scheme prior to 7 April 2001, to continue using that vessel or like replacement until it changes majority ownership. The owners of any such vessel will be entitled to replace the original vessel at any time provided they maintain a continuous (but as allowed for) presence on the Permit scheme in each calendar year. Any further replacement vessel must be no larger than the vessel which was the subject of the original qualification.
Vessels previously restricted from fishing inside of the 3 mile limit being vessels of less than 15.90 metres overall length, will continue to be so restricted.
confirmed 4/12/97
a) No person shall
use in fishing for sea fish any beam trawl whereof
the effective length of beam exceeds 4 metres unless
with the prior written authority of the Director
of the Committee and in accordance with any conditions
therein.
b) Not more than one beam trawl shall
be used from any fishing boat at any one time unless
the aggregate effective length of beam of the trawls
so used simultaneously does not exceed 4 metres.
c) In this Byelaw "beam trawl"
means any beam which has a net attached thereto
which is constructed to take sea fish whilst being
towed along the seabed.
"Effective length of
beam" means the distance between the inner edge of
the shoe or skid attached to one end of the beam and
the corresponding part of the shoe or skid attached
to the other end thereof, the measurement being taken
at the most forward pan of each shoe or skid which
comes into contact with the seabed when the beam is
towed.
This byelaw shall not
apply in that part of the district which lies between
a line drawn 3 nautical miles to seaward from baselines
and a line drawn 6 nautical miles to seaward from
baselines to any vessel fishing for sea fish with
a beam trawl where the effective length exceeds 4
metres in length, provided the owner has, prior
to confirmation of this byelaw, fished in said part
of the district, and who has applied in writing
for registration with the Committee within six months
of the date of confirmation of this byelaw and
has subsequently been entered onto the register
and as long as the vessel remains in the same
ownership
confirmed
4/12/97
No person shall fish
for or take or remove from any part of a fishery within
the South Wales Sea Fisheries Committee District any
species of bivalve mollusc except:-
a) by hand or with a hand held instrument;
or
b) with a hand
riddle or like instrument having a rigid aperture
or grid (not netting of any description); or
c) with the prior written authority
of the Director of the Committee, and in accordance
with any conditions such as may be imposed by
that authority, a fishing instrument of an approved
pattern.
A fishing instrument shall not be of
an approved pattern if its use results in unacceptable
damage to any molluscan fishery and/or other biota
(marine or otherwise), and/or more than 10% by weight
of the target species are damaged.
Conditions which may be imposed are:-
Definitions of the fishing instrument
and ancillary equipment including design, size and
number.
The requirement to provide daily returns
on molluscan shellfish so taken, or discarded, the
quantity and duration of use of any instrument. Prohibition
in the use of any instrument in any particular area
or times.
In deriving such conditions and approval
of pattern, the Committee will be advised by scientists
who appear to them to be suitably qualified.
Note (not forming part of the
byelaw)
This byelaw requires that vessels
using any form of towed dredge require a Committee
authorisation which will stipulate restrictions in
dredge usage.
At the current time [see cover date]
the Committee will receive applications from persons
for an authorisation to dredge sublittoral (non-drying)
areas, for:-
Oysters, scallops and other bivalves
- Subject to area and time restrictions, and limits
to the maximum aggregate width of dredges dependent
upon sea area.
Mussels -for sublittoral dredging.
Applications for dredging in the intertidal will be
considered on a case by case basis and in discussion
with others.
Bivalve Molluscs -using one
hydraulic dredge of maximum blade width of 75cm which
must be of a batch (haul to the surface) design subject
to time and area prohibitions.
Please contact the SWSFC office for
a full explanation of current Conditions.
confirmed
4/12/97
1. No person shall use, cause or permit
or assist any other person to use a mechanically powered
boat in any fishing operation in any part of the South
Wales Sea Fisheries Committee District except under
a permit issued to the owner of the boat by the Committee
and signed by the Director and in accordance with
the following conditions.:
(a) Applications
for a permit shall only be by completing the prescribed
forms provided by the Committee.
(b) Each permit shall be valid until
the following 31 st December and shall be nontransferable
(c) For the purposes of fishery
management the holder of the permit shall, upon
request, deliver or send to the Committee a completed
statistical return which accurately shows the weight
in kilogrammes of each species of seafish taken
daily from the District, the types and quantities
of fishing gear employed, the area fished and such
other details as the Committee may reasonably require.
(d) It shall be
the responsibility of the holder of the permit to
ensure that such accurate statistical returns as
required by the Committee are received by the Committee
within the month following the period for which
the returns are due.
(e) The Committee
retains the right to refuse to issue a permit until
such a time that the permit holder makes available
any outstanding information required.
2. A Permit will be issued only to the
owner in respect of any named fishing boat registered
in accordance with the rule for the time being in
force for the registration of a British sea fishing
boat, and holding a current licence for that
boat issued by the relevant Fisheries Department at
the time of his application.
3. Permits will be of the following
categories:
Class 1 - Crustacean
Allows, subject to any other regulation
in force, the fishing for or taking of the following
species:-List A - lobsters (Homarus gammarus),
crawfish (Palinurus elephas), edible
crab (Cancerpagurus), spider crab (Maia
species),
List B - velvet crab (Liocarcinus
puber), green crab (Carcinus maenas), all
species of prawn or shrimp, and any other crustacean
not in list A.
Class 2 - Molluscan
Allows, subject to any other regulation
in force, the fishing for or taking of the following
species: whelk (Buccinum undatum) , mussels
(Mytilus edulis), oysters (Ostrea edulis),
scallop (Pecten maximus or Chlamys
spp), cockles (Cerastoderma edule) or
any other bivalve mollusc.
Class 3 - General
Allows, subject to any other regulation
in force, the fishing for or taking of for the purpose
of sale any species of seafish not otherwise listed
above.
4(a)Except that this byelaw does
not apply to any person not being the holder of a
permit using a boat
to:
(i) Fish a
maximum of 5 pots and/or a net or nets the aggregated
length of which does not exceed
100 metres measured along the headline. Each
pot or net end must be marked by a single yellow
surface marker buoy.
(ii) Fish for, take or remove from any part
of the fishery within the South Wales Sea Fisheries
Committee District
on any calendar day, up to but not exceeding a combination
of:-
a) One lobster (Homarus gammams) or one
crawfish (Palinurus elephas) per person not
exceeding a total of eight shellfish of Class
1 List A species per boat.
and b) 8 kilos per person of Class 1 list B species,
and c) 8 kilos per person of Class 2 species,
and d) all other species of seafish not listed
above.
4(b) Provided
that except by virtue of a permit, fish and
shellfish so taken shall not be sold or offered
for sale or possessed for the purpose of sale,
and must be landed on the calendar day on which
they were caught and may not be stored in any
keep-box or similar at sea.
5 Should the
Committee so determine, all permit holders shall clearly
display a mark, supplied by
the Committee free of charge, in accordance
with the Committees instructions as laid down in the
permit to fish. Failure to comply with these
conditions shall be a breach of the byelaw.
Explanatory
Note: This byelaw prohibits the use of any engine
powered boat within the six mile SFC district to take
for the purposes of sale any fish, any shellfish of
the listed species, and more than a certain number
of lobsters / crawfish / edible or spider crab (list
A species) or quantities of other crustacean or molluscan
shellfish except by persons using a registered
and licensed fishing boat, and
being
the holder of a permit. All other boats are limited
to fishing a maximum of 5 pots and 100 metres of net,
and in the amount of shellfish they can take and these
cannot be sold or stored at sea. The byelaw does not
regulate the taking of seafish from the shore, or
other than by a powered boat
NB: Your
attention is drawn to other relevant byelaws, e.g.
on pot or net mar]a'ng requirements, minimum sizes,
etc.
confirmed 14/4/98
No person shall fish set or night lines,
set between tidal limits of Mean High Water and Mean
Low Water of Spring Tides except in accordance with
the following conditions:-
a) No line shall have a length greater
than 200 metres.
b) Any line shall
be marked by a single buoy visible above the surface
of the sea at all states of the tide, and the buoy
shall bear the owners name and contact telephone
number.
c) No metal supports shall be used.
confirmed
4/12/97
No person shall use any instrument or
device in a manner calculated to foul hook any fish.
confirmed
4/12/97
a) The site of all pots, traps, keep
pots and boxes, nets or long or set lines shall
be clearly identified by a marker buoy or dahn fixed
to both ends of the fishing gear. The marker buoys
or dahns shall be clearly visible on the surface
of the water. Strings of pots or traps of five pots
per string or less shall require only one end of
the string to be buoyed.
b) Each marker buoy or dahn shall
have clearly displayed upon it the identification
of the boat that set the static fishing gear. The
identification will take one of the following forms,
either:
(1) The registered number of any
fishing vessel in accordance with the Merchant Shipping
Act 1995; or
(2) The owner's name and contact
telephone number in the case of an unregistered
fishing vessel.
confirmed
4/12/97
No person shall fish
for or take or otherwise remove from any part of a
fishery within the South Wales Sea Fisheries Committee
District, scallop of the species Pecten maximus
between 1 July and 31 October, both days inclusive,
in each year.
confirmed 4/12/97
No person shall remove
from any part of a fishery within the South Wales
Sea Fisheries Committee District the tail, claw or
any other detached part of the species Lobster (Homarus
gammarus), Edible Crab (Cancer pagurus), Spider
Crab (Maia squinado), Crawfish (Palinurus
elephas), Velvet Crab (Liocarcinus-puber) or
Green Crab (Carcinus maenas).
confirmed
3/6/98
- . Subject
always to the provisions and requirements of other
South Wales Sea Fisheries Committee Byelaws, no
person shall fish for, take (or attempt to fish
for or take) or remove cockles from the area of
the South Wales Sea Fisheries Committee District,
north of a line drawn eastwards from Ginst Point
(NG Ref. SN 332079) to Tywyn Point (NG Ref. SN 357064),
otherwise known as the Three Rivers Estuary, without
a written permit issued by the Committee and in
accordance with the conditions set out in such a
permit.
- Permits
will be provided to any person upon demand provided
that:-
- The
prescribed application form has been accurately
completed and received (the proof of which shall
be upon the applicant).
- The
applicant has, at the time of application, not
been convicted on more than one occasion within
the preceding five year period of an offence
contrary to Section 3(3) of the Sea Fisheries
(Shellfish) Act 1967, or an offence contrary
to the Sea Fisheries Regulation Act 1966, or
for aiding and abetting offences contrary to
the said Acts provided that offences committed
before the date of confirmation of the byelaw
shall not be considered.
- Catch
returns required by paragraph (e) below have
been received by the Committee.
- Any such
permit will only be available for the periods specified
therein and for use by the person named therein
and whose photograph is attached to the permit.
- Any person
who fishes for, takes (or attempts to fish for or
take) or remove cockles under a permit referred
to in para (a) above, shall when required by a fishery
officer and after the production, if so required,
of written evidence of the authority of that officer,
produce such permit and shall desist from the activity
until such permit is produced.
- Any person
fishing for cockles and being the holder of a permit,
shall by the specified dates in each year, make
a full and true return in a form so specified by
the Committee, of the location from, and of the
date on which any cockles were taken together with
quantities (in kilogrammes) of all such cockles
taken, or if appropriate a Statement that the person
had taken no such cockles.
- For the
purposes of this byelaw the following definitions
shall apply unless the context otherwise requires:
- 'Committee'
shall mean the South Wales Sea Fisheries Committee.
- 'Fishery
Officer' shall mean any duly appointed officer
of the Committee.
- 'Remove'
in relation to cockles shall mean the placing
of any such cockles into a container, trailer,
vehicle or vessel.
- Provided that
this byelaw shall not apply to any person who on
one occasion only in any one day takes or removes
less than 8 kilogrammes of cockles, and that these
are not offered or processed for sale and are for
personal consumption".
confirmed
3/6/98
No
person shall cause or permit any mechanically propelled
vehicle to stand on or pass over any part of the South
Wales Sea Fisheries Committee District that lies to
the north of a line drawn eastwards from Ginst Point
(NG Ref. SN332079) to Tywyn Point (NG Reft SN357064),
otherwise known as the Three Rivers Estuary, without
the prior written authority of the Committee, and
in accordance with conditions set out in that authority.
Any
such authorisation shall be withdrawn where in the
opinion of the Committee any vehicle so
authorised
is operated in a manner which has caused or is likely
to cause, significant damage to cockles.
Provided
that nothing in this byelaw shall apply to the
carrying out of any operation by any Organisation
in
the exercise of any statutory functions or to any
leasee or owner of any land within the specified area.
The minimum size limits prescribed for
sea fish in this district are set out below - in Centimetres:
| Bass |
37.5 cms |
|
| Blue Ling |
70 cms |
|
| Cod |
35 cms |
|
| Grey Mullet (thick lipped, C Labrousus) |
35 cms |
|
| Haddock |
30 cms |
|
| Hake |
27cms |
| Herring |
20 cms |
|
| 