Fisheries Enforcement Policy

Isle of Man Government DEPARTMENT OF ENVIRONMENT, FOOD AND AGRICULTURE Rheynn Chymmyltaght, Bee as Eirinys Fisheries Enforcement Policy November 2015 Introduction Under the Fisheries Act 2012, the Department of Environment, Food and Agriculture (DEFA) within the Isle of Man Government has a statutory duty for the “supervision and protection of inland and sea fisheries” and for “fostering the establishment and development of such fisheries.” This document sets out the approach that the Fisheries Directorate within DEFA will take in order to achieve compliance with the Act and related secondary legislation. The territorial sea and inland waters of the Isle of Man provide a valuable natural resource for the Isle of Man’s economy. Many hundreds of jobs are sustained not only within the catching sector at sea, but also within many ancillary trades that support commercial vessels at sea and in businesses catering for the leisure market. Sea Fisheries: Although the Island has a degree of autonomy within its territorial sea, there are a number of reciprocal agreements, such as the Fisheries Management Agreement 2012, that permit UK vessels to fish within Manx waters. These agreements likewise allow Manx vessels free access within British Fishery limits. Legislation at sea therefore has to be non-discriminatory by way of nationality. Inland Fisheries: Within inland waters, legislation regulates the ways in which recreational angling can be pursued, and provides safeguards to fish stocks and their habitats against potentially detrimental impacts of other activities, such as flood management and building development. Regulations arising from the Fisheries Act 2012 can be broadly separated into two main types: Input controls, which reduce or contain effective fishing effort e.g.  Restricting the number of fishing licences issued.  Limiting the number and types of fishing gear allowed.  Imposing area/temporal closures.  Setting minimum legal mesh sizes and escape gaps. Output controls which are used to restrict total catch in line with predetermined limits e.g.  Setting legal landing sizes  Outlawing the taking of certain species or categories of fish such as spawning females and diadromous fish at sea  Imposing catch quotas and bag limits Aim Through the effective enforcement of the Fisheries Act 2012 and related secondary legislation, the Fisheries Directorate, DEFA will conserve the marine and freshwater fish and shellfish populations of the Isle of Man. General principles DEFA believes in firm and fair regulation of the matters for which it has responsibility and its principles of enforcement are set out in the Department’s Enforcement Policy Statement (December 2012). Regulation must take account of the cost and resource implications of enforcement activities, which can be substantial. Control of these costs is best achieved when the regulating body and stakeholders can agree on the need for the regulations and acknowledge the benefits, thus minimising the risk of non-compliance. This is not always achievable due to a lack of consensus on the efficacy of different conservation and management techniques. For enforcement to be effective and affordable it is essential that the regulatory process engages with all stakeholders’ legitimate interests to maximise support for the legislation. Popular support for legislation helps to deter would-be transgressors both via peer pressure and increasing the likelihood of offending behaviour being reported. Through the process of stakeholder engagement and the Department’s subsequent activities, the process of regulation and enforcement will comply with the following basic principles:  Proportionality  Accountability  Consistency  Transparency  Targeted enforcement Enforcement options

The aim of the Department is to achieve the highest degree of legislation compliance possible through the provision of education, advice and guidance, including:  Production of advisory literature and dissemination of information, advice and guidance via conventional and social media  Distribution of information specifically targeted to the relevant user group, e.g. handing out Code of Conduct leaflets to anglers during licence checks, FISHTXT alerts to commercial skippers  Ongoing direct and interactive stakeholder engagement e.g. meetings of the Manx Recreational Anglers Forum, the Manx Fish Producers Organisation and the Isle of Man Queen Scallop Management Board  Prompt and comprehensive responses to individual enquiries Where this is not successful, appropriate and proportionate action will be taken by utilising one of the following enforcement tools:- Oral advice/warning Where it is considered that a minor infringement may have inadvertently been committed, oral advice may be given to the transgressor, and a written record of the incident and action taken will be made by the Officer and used as a reference should a further offence be committed. Whenever possible, this record will be produced in the presence of, and endorsed by the transgressor. Advisory letter Where it is believed that breaches of the law may have been committed and it is appropriate to do so, an advisory letter may be sent as a reminder of the law and the need for compliance. Official written warning Where there is evidence that an offence has been committed but it is not appropriate to implement formal prosecution proceedings, an official written warning may be issued outlining the date, time and nature of the alleged offence, and stating that a prosecution may be pursued should a repeat of the behaviour occur. Official caution This is similar to a written warning except that the person concerned is formally interviewed under caution. An official caution should only be issued when there is sufficient evidence to bring a prosecution but it is considered appropriate to caution rather than prosecute. The offender must admit their guilt and formally acknowledge that they will accept the caution as an alternative to being prosecuted. The offender may have to agree to the imposition of requirements to assist in their rehabilitation and/or to make reparation for the offence. If the offender does not keep their side of the agreement they may be prosecuted for the original offence. Official cautions are kept on record and would be brought before the court should future transgressions lead to a prosecution. Prosecution The powers afforded to the Department to pursue a criminal prosecution are essential to discourage non-compliance, particularly where it is considered that the above options would not deliver the desired outcomes and/or that a conviction would provide a strong deterrent for other would-be offenders. Prosecution cases will be referred to the Isle of Man Government’s Attorney Generals Chambers when the Department is satisfied that there is sufficient evidence to support a prosecution and that it is in the public interest to do, taking into consideration:-  The impact, or potential impact, of the offence on people, the environment, or animals having regard, in particular to the strategic priorities and outcomes of DEFA  The implications of the offence for the enforcement of the regulatory regime e.g. a failure to obtain a required permit or licence for a regulated activity undermines the integrity and efficiency of the regulatory regime and may deprive DEFA of a fee income  The financial aspects of an offence such as the benefit accrued and or profit made as a result of breaking any regulation  Whether the offence was committed deliberately or officials obstructed  The previous enforcement record of the offender

 The attitude of the offender, including behaviour towards officials, and whether corrective measures to remedy the offence or prevent reoccurrence have been put in place  Where offences are prevalent or difficult to detect and a prosecution would constitute a general deterrent for others as a result of making an example of the offender  If the offence arose from unusual circumstances where the situation could not have been foreseen or reasonable precautions would not have avoided the situation, or reasonable steps were taken to mitigate the matter and the appropriate authorities were notified Conduct of investigations DEFA Fisheries Officers have a range of powers available to them under the Fisheries Act 2012 in order to assist in the prevention and investigation of offences. Some of the more common powers are:-  The power to board and inspect fishing vessels  The power to detain vessels  The power to seize items, including fish, fishing gear and computers, where necessary  The power of forfeiture of fish in respect of fish and fishing gear suspected to be unlawful  The power to search any vehicle in which any fish is suspected of being conveyed  The power to stop and search any person conveying or suspected of conveying, fish of any kind  The power to enter any premises where fish is stored DEFA Fisheries Officers will exercise their powers appropriately and exercise due restraint to ensure use is proportionate to particular circumstances. Investigations will be carried out by Fisheries Officers in accordance with the Codes of Conduct issued under the Police Powers and Procedures Act 1998. Wildlife Act 1990 The Fisheries Directorate also has responsibility for the Wildlife Act 1990. Whilst Fisheries Officers are not currently warranted under this Act, they will endeavour to support the enforcement of this legislation by the Marine Biodiversity Officer and Police Wildlife Crime Officers. The Directorate will work towards full warranting and training of Fisheries Officers to enforce the Wildlife Act by 2017. Summary DEFA Fisheries will deliver an effective and efficient enforcement service through:-  Robust, fair and pragmatic enforcement of Fisheries legislation both at sea and ashore  Innovative legislative drivers such as licence conditions to manage and promote sustainable recreational angling and a productive and profitable local fishing industry.  Maintaining enforcement assets to a high standard to ensure safe, cost effective enforcement platforms  Continuing to develop staff to provide seamless succession planning and a sense of continuity within the fishing industry, including the cross training of staff.