A proposal to manage non-commercial (recreational/leisure) pot fishing
Consultation Paper
Purpose of this consultation
This consultation seeks views on how the non-commercial (leisure or recreational fishing) fishing for lobster
and crab in Ireland may be better regulated so that access and opportunity of commercial and leisure fishers
to the resource may be better balanced. The policy objective for use and access to the lobster resource in Irish
waters is to provide for fair and equitable access to the stock for commercial fishermen and for recreation and
leisure purposes.
Management measures currently in place
Lobster & Crab Catch Rules
EU regulations (Council Regulation (EC) No 850/98 of 30 March 1998 as amended) define minimum sizes for
lobster and crab species; catches below the minimum size must be discarded at sea. Under national
regulations (S.I. No. 591 of 2014) lobsters which are v-notched cannot be landed or sold and lobsters over
127mm cannot be bought or sold.
Commercial fishing
Commercial fishing in Ireland is enabled through the Sea-fisheries and Maritime Jurisdiction Act 2006 and the
Fisheries (Amendment) Act 2003. Registered sea fishing boats in the polyvalent or polyvalent potting segments
of the fleet are entitled to fish for lobster. To register a sea fishing boat replacement capacity of the vessel
must be purchased on the market and the vessel must meet all necessary safety requirements and standards.
Catch can be only landed and sold by the commercial licence holder.
Non-commercial (leisure, recreational) fishing for lobster or crab
Persons without a fishing licence may fish for lobster or crab for personal use but may not place fish on the
market. There is currently no limit to the volume of catch or the quantity of fishing effort that may be used by
persons fishing lobster or crab for personal use.
Rationale for Introducing Management of Recreational Pot Fishing
(1) Common Fisheries Policy
The Common Fisheries Policy states
“Recreational fisheries can have a significant impact on fish resources and Member States should, therefore,
ensure that they are conducted in a manner that is compatible with the objectives of the CFP.”
Article 2 of the CFP regulation (1380/2013) sets down the objectives. These include the precautionary
approach, the ecosystem-based approach as well as specific objectives concerning the different tenets of
sustainability.
(2) Achieving Sustainability
Controls need to be observed by commercial and non-commercial fishers alike in order to successfully
establish a sustainable pattern of fishing for any stock. Gains made by active regulation of the commercial
sector could be undermined if recreational fishing activities take place without any supervision.
Tourism is an important component of the Irish economy, particularly in coastal areas. Pot fishing for highly
sought-after species such as lobster and crab is a popular past-time for holiday makers which could continue to
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be enjoyed by many without posing a threat to the conservation of the species if measures were introduced to
maintain the activity at an appropriate scale.
Economic benefits from tourism need to be balanced against the economic sustainability of (often small-scale)
commercial fisheries. For a significant number of people the lobster resource provides for economic, and
associated social benefits, to residents in many coastal communities, who engage in commercial fishing. This
economic dividend is important, maintains hundreds of jobs around the coast and supports a valuable export
industry. Lobster is the top priority species for commercial fishermen operating fishing vessels less than 10m
in length.
Currently the access arrangements for leisure and commercial fishermen is unbalanced because leisure access
is not controlled in any way, other than a requirement of non-sale of fish, whereas commercial access is
controlled through the requirements for a sea fishing licence, the requirement to fit out a safe and seaworthy
vessel and the costs associated with both. There are other aspects to the current arrangement that could be
seen as unbalanced and inequitable
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Seasonal leisure fishing may be intensive locally and lead to competition for stock with commercial
fishermen who rely on the fishery to earn a living.
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Unlimited catches in the leisure sector could legitimately be distributed (but not sold) locally and
depress local demand at sales outlets
(3) Potential Loophole for Illegal Fishing
A recurring theme in submissions on the lobster fishery consultation during 2013 was the lack of controls on
recreational fishing compared to commercial fishing. A significant number of submissions expressed concerns
that (i) recreational fishing was being used as a cover for illegal fishing including sale of catch, (ii) recreational
fishing had escalated at certain locations with far too many pots being deployed and (iii) recreational fishers
were not always aware of or did not always observe the statutory catch rules. Fishermen and their
representative bodies called for controls on recreational fishing to be introduced. These calls are consistent
with previous industry engagement on management of the lobster fishery (for example, during the operation
of the Shellfish Management Framework from 2005 to 2009). The Sea-Fisheries Protection Authority (SFPA) is
also concerned that the fishing effort on lobster by persons not holding commercial licences is very significant
locally. Illegal fishing undermines the competitiveness of the commercial fishing sector and poses a threat to
the sustainability of the lobster stocks.
(4) Cross-Border Co-operation and Consistency
Many other jurisdictions have already established controls on recreational fishing, such as the introduction of
permit systems, catch limits and limits of the use of pots. For example, various controls are prevalent
throughout the UK. In Northern Ireland, daily catch limits and a restriction on the number of pots applies to
non-commercial boats. The application of similar controls in this jurisdiction therefore would establish an allisland practice of recreational pot fishing management which would be more easily communicated to all
stakeholders, including commercial fishermen and holiday makers.
Consideration of Options
Option 1
Establish a ban on non-commercial pot fishing. This would have the effective of prohibiting persons other than
owners/operators of a registered fishing boat from engaging in pot fishing. This option is not considered a
balanced and fair response to the policy objective of providing fair and equitable access.
Option 2
A number of measures could be introduced to control the pattern of recreational fishing activities so that it
can continue to be successfully enjoyed as a past-time.
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1.
Recreational pot fishing should only be permitted during the summer months (May to September
inclusive).
2.
The measures (i) to (iii) below should be apply to all boats, other than registered sea-fishing boats:
3.
(i)
A catch limit of 1 lobster per boat
(ii)
A catch limit of 5 crabs per boat
(iii)
A limit of 6 pots per boat, clearly marked and deployed in one location at a time
Persons engaged in recreational fishing for crab and lobster would not be permitted to use a store
pot/stock cage to hold catch.
This Option balances the potential for continued enjoyment as a pastime with the need to manage the activity
to deter illegal fishing and support efforts for sustainable stock management. This option would also be costeffective to implement, monitor and enforce at this time. Pots from recreational boats would need to be
clearly marked in order to monitor the limit on the number of pots. Commercial fishermen may also consider
marking their pots to enhance the distinction and allow for more effective monitoring of the measures.
Option 3
In addition to the measures in Option 2, a permit or an online register system could be introduced for noncommercial pot fishing. This approach has been taken in some jurisdictions as a means on monitoring
recreational fishing patterns.
A permit/register system would generate data on the patterns of recreational fishing which would have
scientific benefits and could be used to refine further management of the activity if required (e.g. pot limits,
spatial controls, fishing times, etc). Administration fees, at an appropriate price, could fund the operation of
the system. In order to be effective the permit system would need to be well communicated and observed by
all recreational users. The introduction of a permit system at this time poses resource challenges from
financial, administration and enforcement standpoints.
Making a submission
Submissions can be made online at https://www.surveymonkey.com/r/SLJBZR9 or the submission form here can be completed and emailed or posted to the addresses below.
Email: fisheriesconsultation@agriculture.gov.ie with the words ‘pot fishing’ in the subject line.
Post to:
Non-Commercial Pot Fishing Consultation
Marine Agencies & Programmes Division
Department of Agriculture Food & Marine
National Seafood Centre
Clonakilty
Co Cork
P85 TX47
Closing date for submissions: 21 August 2015
Inshore Fisheries Management Unit,
Marine Agencies and Programmes Division,
Department of Agriculture, Food and the Marine
July 2015
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