Fisheries 3-mile limit

Summary

The requester sought GPS coordinates, boundary software, and enforcement guidance regarding the Isle of Man's 3-mile fisheries limit. The authority responded by providing a 2016 consultation document on the Inshore Marine Zoning Plan, though the outcome indicates not all requested information was held.

Key Facts

• The Department of Environment, Food and Agriculture (DEFA) issued a consultation on an Inshore Marine Zoning Plan for the 0-3 nautical mile area in April 2016.
• The proposal aims to introduce a zoned spatial management approach to balance fisheries, conservation, and recreation.
• There are currently six marine protected areas covering 124 km2 (36 nautical miles) or 3.1% of the territorial sea.
• The Ramsey Marine Nature Reserve operates as a multi-zoned area within the existing protected zones.
• The response outcome was 'Some information sent but not all held', indicating partial disclosure of the requested data.

Data Disclosed

• April 2016
• 0-3 nautical mile
• six marine protected areas
• 124 km2
• 36 nautical miles
• 3.1%
• November 2015
• 35 pages
• 2 documents

Original Request

I seek disclosure of the following information in relation to the enforcement of fisheries regulations within the Isle of Man's territorial waters, and specifically the 3-mile limit referenced in fishing licences issued by DEFA: 1. Coordinates and Spatial Data a) The GPS coordinates (or equivalent geospatial data) for the baseline from which the 3-mile limit is measured; b) The GPS coordinates (or equivalent geospatial data) of the 3-mile limit itself, including any charts or datasets used by DEFA to define or enforce the limit; c) Confirmation of whether the 3-mile limit and the baseline are defined by fixed points or dynamic measurements, and what method is used to calculate them (e.g., mean low-water mark); d) For each data item disclosed, please confirm the source from which the information was obtained, the date it was obtained, and whether it was created or received by DEFA or sourced from an external authority. 2. Distribution and Use of Boundary Software a) A copy of the software DEFA commissioned with/through Bevan Ltd for plotting the 3-mile limit on navigation systems (e.g., OLEX); b) Records of any steps taken by DEFA to distribute and inform stakeholders of this software on vessels, or to assist fishermen in accessing it; c) Correspondence between DEFA and any third parties (including the Manx Fish Producers' Organisation) relating to the software's distribution and implementation. 3. Enforcement Policies and Guidance a) Any internal guidance documents or policy memoranda used by DEFA to enforce gear limits (such as dredge counts) in relation to the 3-mile limit; b) Any records of meetings, emails, or communications involving concerns raised by the Manx Fish Producers' Organisation or other parties regarding difficulties accessing or using the boundary plotting software; c) Copies of any documents, correspondence, meeting minutes, or consultation records concerning engagement with stakeholders (including commercial or recreational fishermen or their representatives) regarding the introduction, measurement, enforcement, or compliance support mechanisms related to the 3-mile limit, including any explanation or strategy for how DEFA anticipated that fishermen would be able to comply with those regulations. This information is necessary to ensure fairness and transparency in the enforcement of fishing licence conditions, and to assess whether adequate notice and tools have been provided to the regulated community. If any of the information requested is held in part or subject to exemption, please provide the disclosable portion and state the grounds for any refusal. Please also specify, for any data disclosed, whether it was created or acquired by DEFA directly or sourced from a third party, and the date of acquisition.

Data Tables (5)

Full Response Text

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Consultation on Inshore Marine Zoning Plan for the 0- 3 Nautical Mile Area of the Isle of Man Territorial Sea

Department of Environment, Food and Agriculture Rheynn Chymmltaght, Bee as Eirinys

April 2016

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Table of Contents

1 PROPOSAL SUMMARY

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2 BACKGROUND

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3 PROPOSALS FOR CONSULTATION

5 3.1 Overall objectives 5 3.2 Specific proposals 5 3.2.1 Objectives for the 0 - 1 M area 5 3.2.2 Objectives for the 1-3 M area 6 3.2.3 Summary of options and proposed models 8 4 CONSULTATION RESPONSE PRO-FORMA

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5 HOW TO RESPOND TO THIS CONSULTATION

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6 APPENDIX 1 - LIST OF CONSULTEES

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7 REFERENCES

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1 PROPOSAL SUMMARY Due to the potentially complex nature of this proposal, a short summary overview is presented here.

 The sea fisheries strategy1, approved by Tynwald in November 2015, provides a five-year plan for the sustainable development of Manx fisheries and marine environment protection.  Priority objectives identified for sea fisheries includes the management of fishing access and effort around stock size and product value maximisation.  Spatial management provides an important mechanism to achieve this; by separating different activities into different areas to maximise the benefits to fishing, conservation and recreation.
 There are currently six marine protected areas covering 124 km2 (36 nautical miles2), or 3.1% of the territorial sea. These areas include the Ramsey Marine Nature Reserve, which operates as a multi-zoned area providing different fishing and conservation opportunities.  This consultation presents possible options for introducing a zoned spatial management approach for fisheries and conservation within the 0-3 nautical mile (M) area of the Manx territorial sea.  This zoned approach is expected to provide the best mechanism for achieving sustainable fisheries while also protecting habitats and species of conservation interest and offering enhanced recreation opportunities.  The models presented are based on available data and are considered the most likely to achieve an acceptable balance between different activities, minimising potential disadvantage to any particular group or interest.  The specific details of the presented models, if implemented, may be modified as a result of the consultation responses, additional or new information.  This proposal provides an opportunity to designate a new marine nature reserve in Manx inshore waters, offering long-term protection to internationally important species and habitats and helping the Isle of Man meet national and international targets for Marine Protected Areas.  A zoned spatial management approach is also considered most likely to enable the Isle of Man Government to meet several strategic objectives and international commitments relating to;
 economic development,  maximising resource value,  achieving fishing industry sustainability and diversification,  increased stakeholder involvement in management,  habitat and biodiversity protection (i.e. 10% of the territorial sea under protection by 2020),  carbon-emissions targets.  There are good examples for zoned management approaches to achieve similar objectives from around the world.  This consultation has been developed in close liaison with the fishing industry.
 Fisheries zoning and marine conservation objectives would not preclude the development of renewable energy in Manx waters.

1 https://www.gov.im/about-the-government/departments/environment-food-and-agriculture/fisheries-directorate/future- fisheries-strategy/

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2 BACKGROUND

A high-quality marine environment, containing a diversity of species and habitats, can support a broad range of commercial, recreational and scientific activities, including various types of fishing, ecotourism, diving and research. In order to realise the potential opportunities for all of these activities it is necessary to protect the different parts of the marine environment that supports them, for example; conserving habitats for different life stages of particular species, or safeguarding populations of breeding adults whose offspring supply fishing areas.

An inshore marine zoning plan would seek to separate and manage activities in particular areas, allowing competing interests to reduce or manage their interactions, and for mutually-exclusive activities to be clearly separated.

This proposal presents options for a zoned spatial management approach to fisheries and conservation which is increasingly used to assist sustainable management of the marine environment. Marine spatial management has been employed for hundreds of years in many areas, including around the Isle of Man. More recently, in 2010, the Welsh Assembly Government excluded scallop dredging within 1 M of shore and, for the Firth of Clyde, there is currently a comprehensive spatial management plan proposal intended to ‘increase the productivity, value and resilience of the commercial shellfish fisheries and promote the recovery of finfish stocks to commercially exploitable levels’2.

The Isle of Man sea fisheries strategy ‘Future Fisheries’, aims to deliver the following five-year objectives:

 A high-quality marine environment,  Sustainable and diversified fisheries,  Appropriate levels of fishing effort, linked to stock size,  Value-added fisheries with sustainable economic value,  Increased management involvement for marine stakeholders.

The Isle of Man Government has additional commitments under international and domestic agreements and policy strategies, including;

 UN Convention on Biological Diversity (CBD) and Isle of Man biodiversity strategy ‘Managing our Natural Wealth’ ,  OSPAR Convention3: as a signatory to this convention the Isle of Man is committed to protect and conserve ecosystems4 under the OSPAR List5 of Threatened/Declining Species and Habitats.

Spatial management also enables a more strategic approach to fisheries management, providing opportunities to manage fishing effort, increase capture efficiency and the eventual value of seafood products. Such opportunities are much more limited when the coordination, planning and enforcement of fishing involving large numbers of vessels across a wide area is challenging in itself. By contrast, research in Ramsey Marine Nature Reserve has demonstrated that coordinated scallop harvesting in the Fisheries Management Zone can be up to nine times more energy efficient than scallop fishing in the rest of the territorial sea (Dignan et al. 2014), as well as catches being relatively more valuable. This has potentially significant implications for fuel savings, economic returns per unit of fuel used and the relative carbon footprint of the fishery (Walsh 2010, Dignan et al. 2015).

2 http://www.sift-uk.org/media/file/Info%20Pack%20V2%20Nov%202015.pdf 3 http://www.ospar.org/convention 4 http://www.ospar.org/site/assets/files/1169/pages_from_ospar_convention_a5.pdf 5 http://www.ospar.org/work-areas/bdc/species-habitats/list-of-threatened-declining-species-habitats

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3 PROPOSALS FOR CONSULTATION

Definitions

1-3 M Areas
 ‘The ‘one-mile area’ or ‘three-mile area’ means that part of the territorial sea of the island lying within one, or three, nautical mile (s) of the baseline from which the breadth of the territorial sea adjacent to the island is measured.’

Fishing gear types  Mobile = dredges and towed nets (demersal and pelagic e.g. otter trawls, pair trawl),  Static = pots and traps for crustaceans, molluscs and fishes.
 All other conventional fishing gear types are exempt from these definitions, as used in this consultation, although regulations associated with those gear types may still apply.
3.1 Overall objectives

To develop a marine zoning plan for achieving effective conservation and sustainable fisheries within the 0-3 M area of the Isle of Man territorial sea with the intentions of;

 Meeting key objectives of Government policy, strategy initiatives and international agreements; e.g. sea fisheries strategy, biodiversity strategy, OSPAR commitments, UNESCO Biosphere Isle of Man and carbon emissions targets,  Protection of key conservation features by appropriate measures, using an ecosystem-based approach and the possible designation of a second marine nature reserve,  Reducing fishing-gear conflicts and maximising the economic potential of individual fisheries,
 Providing additional security for static fishing gear and reducing gear-damage costs,  Increasing sustainability and overall economic value of all fisheries from better management and improved fishery stocks,  Managing overall fishing effort within the 0-3 M area,  Supporting MSC pre-assessment for all Manx fisheries and helping to regain MSC certification for queen scallops, via enhanced management options,
 Providing opportunities for the development of eco-tourism, food tourism, recreational and other marine-related activities.

3.2 Specific proposals 3.2.1 Objectives for the 0 - 1 M area

 The primary purpose for this zone would be marine conservation, static gear fishing and recreation.  Mobile fishing gear access and effort would be managed around improving long-term sustainability and economic value.

Marine conservation in the 0-1 M Inshore areas typically include more diverse marine habitats and species than offshore. It is also the most accessible zone for activities which rely on high-quality marine biodiversity features, such as diving, ecotourism and recreational angling.

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The Isle of Man Government is committed to achieving protection of 10% of the marine environment by 20206, and this would be most effective if priority habitats and species are included. The zoning plans presented in this consultation come close to, or achieve this 10% target.

These proposals also include the opportunity to designate part of the 0-3 M zone as a new marine nature reserve, allowing specific protection where necessary, but also for fishing activity to continue in historically important areas.

Static gear fisheries management in the 0-1 M Static fishing gear is considered to present minimal risk to most conservation features and has limited impact on non-target species (Coleman et al. 2013).

However, any area where mobile fishing gear is restricted through spatial management is likely to become more attractive to static gear fishing, and there is potential for an increase in this type of fishing. Therefore, it is anticipated that there would be an additional requirements for static gear management in future.

Recreation and ecotourism in the 0-1 M A wide range of sports and recreational activities including kayaking, coasteering, swimming, surfing, diving and recreational fishing occur within inshore areas, many of which would benefit from a higher quality marine environment, or their spatial separation from other activities.

Ecotourism activities, including wildlife watching, are of growing importance to the Manx economy. Evidence from marine protected areas elsewhere indicates that less disturbance, recovery of inshore habitats and increased food availability boosts the abundance and activity of ecotourism species, leading to improved opportunities for tourism and recreation (e.g. Chae et al., 2012; Rees et al., 2015).

Mobile gear fisheries management in the 0-1 M Mobile fishing gears are known to have negative impacts on complex seabed habitats (Hall-Spencer et al. 2000; Howarth and Stewart 2014). Therefore, managing the extent of mobile fishing gear activity within the 0-1 M would potentially provide better outcomes for marine habitat recovery and biodiversity conservation. It has also been shown that appropriate management of inshore areas can have significant benefits to offshore fisheries, as evidenced by current Manx closed areas and experience elsewhere (Beukers-Stewart et al. 2005; Sweeting and Polunin 2006; Howarth et al. 2011; 2015).

3.2.2 Objectives for the 1-3 M area

 The primary purpose for this zone would be for mobile and static gear fishing.
 These fisheries would be managed through control of access and fishing effort.  The current open-access fishing arrangement would be replaced by a restricted-licence regime in order to maximise the effectiveness of fisheries management measures, effort reduction and maximising local economic returns.  There are no further substantive conservation features currently being considered in this area, although the potential for future protection is retained.

6 https://www.gov.im/media/1346374/biodiversity-strategy-2015-final-version.pdf

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Mobile gear fisheries management in the 1-3 M

Both proposed models include a provision to manage access and effort for mobile gear within the 1-3 M via a restricted-licence regime for scallop and queen scallop resources. This area is shown in orange (figures 1 and 2) and is termed the Restricted-Licence Fishery Area (RLFA).

In both models this area would operate in a similar way;

 Managed under a fisheries management plan, which would aim to match overall fishing effort with the eventual number of vessels allowed to fish.
 Expected to decrease overall effort in this area, but would aim to maintain individual vessel’s fishing effort and economic return. i.e. it would be achieved by reducing vessel numbers.

Static gear fisheries management in the 1-3 M

Under both proposed models static gear fishing would be permitted within the 0-1 M and 1-3 M areas.

The proposals would provide more security for static gear, since mobile effort would be better managed and communications between fishing sectors should be improved via management plans, thereby reducing gear-conflict situations.

Under model 2 (figure 2), the extension of the green ‘static and conservation’ zone into the 1-3 M, would also provide increased opportunity and security for the static gear sector in those zones.

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3.2.3 Summary of options and proposed models

Three options and two potential zoned models (figures 1 and 2) have been developed based on the above considerations.

Option 1 Simple model (model 1) This model uses more definitive separation of activities into different zones. It is clear and simple to understand, but does not ac

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