Understand MMO marine conservation byelaws

The Marine Management Organisation (MMO) is responsible for making byelaws in English waters to protect habitats and species from activities that may harm them.

MMO has the power to make byelaws within 0-200 nautical miles (nm). For the management of fishing activities, MMO leads on management between 6-200 nm, with the Inshore Fisheries and Conservation Authorities (IFCAs) leading in the 0-6 nm area.

MMO also leads on non-licensable activities from 0-12 nm. To find out more visit Managing marine non-licensable activities in MPAs.

MMO will consider voluntary measures before making a byelaw. If a permanent byelaw is required, this will be formally consulted upon. Please see the byelaw-making process for further information.

What MMO byelaws can protect

MMOMMO byelaws byelaws can prohibit or restrict:restrict a range of activities depending on the location and need for protection:

• entry to a site, movement or other activity by people, animals, vessels or vehicles;
• vessel speed;
• vessel anchoring;
• killing, taking, destroying or disturbing any animals or plants;
• anything that interferes with the seabed or damages or disturbs any object in the sea;
• specific activities in certain parts of the site;
• specific activities in certain periods of a year; or
• certain methods of activity within a site.

AnAny MMOMMO byelaw byelawaffecting fishing will apply to everyone,UK includingand EUnon-UK membervessels states that hold fishing access rights in the site or its specified areas.equally.

ByelawsMMO byelaws can also be used to restrict activities on the seashore.

AAn MMOMMO byelaw byelaw will include:

• the law that allows the byelaw to be made;
• details (including coordinates) of the siteareas orwhere specifiedthe areas;byelaw applies;
• details of the activity being prohibited or restricted;
• details of possible permitsexemptions, –exceptions likeor apermitting scientific exemption;arrangements;

ItThe candecision taketo 12introduce monthsan toMMO makebyelaw a(other permanentthan byelaw,an fromemergency thebyelaw) needis beingbased identifiedon torigorous analysis of the byelawbest beingavailable made.evidence Anand a period of public consultation. These MMO byelaws only come into force following confirmation by the Secretary of State.

emergencyEmergency or interim MMO byelaws can be put in place ifif MMO considers MMO considers there to be an urgent need tofor protectprotection. Emergency and interim MMO byelaws do not require public consultation or Secretary of State confirmation, and can last for a featuremaximum of 18 months.

Any byelaw which affects European Union (EU) fishing vessels is also subject to the site,terms dueof the UK-EU Trade and Cooperation Agreement, including the requirement to notify the timeEU itand mayprovide takean opportunity to makeprovide afeedback permanentand byelaw.seek clarification before the byelaw comes into force.

MMOMMO may may issue permits that authorise anything that would otherwise be unlawful under the byelaw. Permits may not be available for a specific byelaw.

MMOMMO will will review all byelaws and amend or withdrawrevoke those found to be no longer needed.appropriate. A review couldcan be startedtriggered soonerby than originally planned if there was a change in theevidence situation or if informationwe thatdetermine it wasis not effectiveeffective. was received. The review will determine whether to keep, amend, replace, or withdrawrevoke the byelaw, or replace it with a different management measure.

Penalties for breachingcontravening aan MMO byelaw areinclude baseda onfine theup offenceto ratheran thanunlimited for each species or habitat that is damaged.amount.

MMO byelaw-making process

MMO has legal obligations to protect marine protected areas (MPAs).

The MMO carries out site-level assessments to determine whether the activities we regulate are compatible with the conservation objectives of MPAs

If fishing, or marine non-licensable activities are not compatible with the conservation objectives of the site, we will introduce management, which may include making an MMO byelaw.

MMO permanent byelaws

MMO’s byelaw making powers for MCZs come from:

• The Marine and Coastal Access Act 2009 (sections 129, 129A and 129B)
• The Conservation of Habitats and Species Regulations 2017 (regulation 40)
• The Conservation of Offshore Marine Habitats and Species Regulations 2017 (regulation 6)

BelowThe outlines steps taken by MMO into themake byelaw-makinga process:byelaw are:

1. An MMO draftassess MPAthe impact of fishing/marine non-licensable activities on an MPA. If the draft assessment identifiedidentifies that an activity is not compatible with the conservation objectives of an MPA,MPA and potential management options are outlined.

2. In most cases, a public call for evidence on the draft MPA assessment canis be carried out,out to gather further evidence and views from stakeholders.

3. The MMO MPA assessment is finalised and a preferred management option is identified. In the case of an MMO byelaw, the byelaw is drafted. The impacts of the preferred management option isare captured within a draft regulatory impact assessment.

4. If an MMO byelaw is considered the mostpreferred appropriateoption, action, a formal consultation is conducted on the finalised MPA assessment and draft byelaw and draft regulatory impact assessment. If a byelaw is not considered the most appropriate action, other management options are considered.

5. After formal consultation, if aan MMO byelaw is still the preferred option, the byelaw is made and submitted to the Secretary of State for confirmation. If a byelaw is not considered the most appropriate action, other management options are considered.

6. MMO byelaws come into force after confirmation by the Secretary of State. MMO will notify stakeholders of any byelawsMMO byelaw due to come into force.

7. The MMO byelaw is reviewed to assess effectiveness. If the byelaw is considered effective, a further review date is set. If the byelaw is considered ineffective, other management options are considered.

Emergency or interim byelaws

MMOMMO may may introduce an emergency or interim byelaw when there is an urgent need to protect a feature. This is based on evidence about the level of damage and risk to the site.

Emergency byelaws come into force without being confirmed by the Secretary of State, do not require public consultation, and take aboutup to 6 weeks to make. The Secretary of State may withdrawrevoke an MMO emergency byelaw at any time.

An emergency byelaw mustcan beremain replacedin byforce afor permanent byelaw after 12 months, unless extended with agreement from the Secretary of State by a maximum of 6 months,months. orIf withdrawnlonger ifterm itmanagement is norequired, longerMMO needed.will replace the emergency byelaw with a permanent byelaw.

Interim byelaws follow the same procedure as emergency byelaws.byelaws. MMO can MMO can introduce an interim byelaw only where there is an urgent need to protect an area beingwhich may be considered asfor andesignation MCZas only.an MCZ .

Current Call for EvidenceConsultations

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• Stage of2 thebyelaw impactsconsultation
• Stage of3 fishingcall activityfor usingevidence

To bottomsupport towedthe gearformal consultation on themanagement designatedmeasures featuresfor 13 Stage 2 MPAs, MMO have developed a series of 13interactive MPAs:WebApps displaying:

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ToA respondguidance tonote thisdetailing callhow forto evidenceaccess and accessmake furtherthe information,most pleaseof seeeach WebApp, to help users provide informed consultation responses is available on our dedicated page.consultation webpage.

A shapefile of the Stage 2 Proposed Management Areas can be provided on request by emailing ‘conservation@marinemanagement.org.uk’ with ‘Stage 2 Proposed Management Areas’ in the subject line.

Current MMO byelaws

There are currently 109 MMOMMO byelaws byelaws in forceforce.

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This designateddataset feature(s)displays ofall Marine Management Organisation (MMO) marine nature conservation byelaws that MPAare fromcurrently thein impactsforce. ofYou bottomcan towedfind fishingthe gear.download page here.

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North West Marine Plan Area

• WestTheWest of Walney Marine Conservation Zone (Specified Area) Bottom Towed Fishing Byelaw; 2018

East Marine Plan Area

• The Dogger Bank Special Area of Conservation (Specified Area) Bottom Towed Fishing Gear Byelaw 2022
• The Haisborough, Hammond and Winterton European Marine Site (Specified Areas) Bottom Towed Fishing Gear Byelaw;
• Inner Dowsing, Race Bank and North Ridge European Marine Site (Specified Areas) Bottom Towed Fishing Gear Byelaw;
• The Inner Dowsing, Race Bank and North Ridge Special Area of Conservation (Specified Areas) Prohibited Fishing Gears Byelaw 2022
• The Margate and Long Sands European Marine Site (Specified Areas) Bottom Towed Fishing Gear Byelaw; 2017

The “Inner Dowsing, Race Bank and North Ridge European Marine Site (Specified Areas) Bottom Towed Fishing Gear Byelaw” will be revoked and replaced by the “Inner Dowsing, Race Bank and North Ridge Special Area of Conservation (Specified Areas) Prohibited Fishing Gears Byelaw 2022” on the 13th June 2022.

South East Marine Plan Area

• The Margate and Long Sands European Marine Site (Specified Areas) Bottom Towed Fishing Gear Byelaw; 2017 (site straddles both the East, and South East Marine Plan Areas)

South Marine Plan Area

• The South Dorset Marine Conservation Zone (Specified Area) Bottom Towed Fishing Gear Byelaw 2022

South West Marine Plan Area

• The Canyons Marine Conservation Zone (Specified Area) Prohibited Fishing Gears Byelaw 2022
• The Land’s End and Cape Bank European Marine Site (Specified Areas) Bottom Towed Fishing Gear Byelaw
• The Start Point to Plymouth Sound and Eddystone European Marine Site (Specified Areas) Bottom Towed Gear Byelaw SAC;

In the Start Point to Plymouth Sound and Eddystone MPA, the MMO byelaw applies between 6 and 12 nm from the coast. Cornwall Inshore Fishery and Conservation Authority (IFCA) and Devon and Severn IFCA management applies between the remaining portion of the site from 0 and 6 nm.

In the Land’s End and Cape Bank MPA, the MMO byelaw applies to the Cape Bank portion of the site which lies between 0 and 12 nm. Cornwall IFCA has implemented a byelaw which applies to the Land’s End portion of the site between 0 and 6 nm.

To find out more about our current MMO consultations for managing fishing activities with MPAs, please visit our Managing Fishing in Marine Protected Areas: Consultations page.

Inshore Fisheries and Conservation Authorities (IFCAs)

The 10 IFCAs are responsible for making fisheries byelaws within their districts – from 0-6 nm.

MMO quality assures all IFCA byelaws prior to submission to Secretary of State. MMO help draft byelaws to ensure sustainability and to protect sensitive features in MPAs as well as fisheries activities within IFC Districts.

IFCA byelaws help achieve specific protections that each IFC District may require to:

· prohibit or restrict certain fishing activities

· introduce a permit scheme to control fishing activity or the level of fishing effort within a specific area

· protect certain fisheries resources or to monitor stock

MMO can make byelaws to manage fishing activity within an IFC district.

MMO works with the IFCAs to agree how to manage these sites that cross the 6 nautical mile boundary. Through their own MPA assessment, an IFCA may determine that the inshore area (within 6 nm of the coast) does not require management through the introduction of a byelaw. Alternatively, an IFCA can make a byelaw within 6 nm and MMO can make a byelaw outside of 6 nm, or MMO makes a byelaw for the whole site.

Contact information

Marine Conservation Team

0300 123 1032 conservation@marinemanagement.org.uk