Licensing
Under current UK legislation, it
is not possible to apply discrimination when licensing
fishing activities all individuals must be
treated equally, and anyone wishing to apply for
a licence must be entitled to do so. For this reason,
it is not possible to restrict the numbers of individuals
collecting species within any area by permitting
only a limited number of local residents or members
of an organisation to collect.
Conditions may, however, be attached
to licences, imposing restrictions on techniques
used (e.g. back-filling of holes), bag limits, closed
areas, closed seasons, declaration of catches etc.
Such licence conditions (including any of the management
techniques listed here) must be applied equally
and may not actually prevent all bait collection
in any one area. The process of applying for and
issuing licences enables managers to ensure that
all licence holders are informed of current local
management issues and requirements. Licence holders
infringing these conditions may have their permits
rescinded. A certain amount of self-policing by
the user group would be possible, if only by ensuring
that all bait diggers at a site were aware that
a licence was necessary and available.
The owners of the foreshore may
license commercial bait diggers, or the placement
of crab shelters by any individuals. It is not clear
whether holding a licence to a crab shelter provides
the licence holder with exclusive rights to take
crabs from the shelter, in cases where the landowner
has not been able to transfer their own private
right to take shellfish to the licensee.
Successful implementation of a
shoreline species licensing system requires provision
of significant resources for education, administration
and enforcement. Licence fees permitted by the relevant
government department or indeed desirable to promote
compliance will not be sufficient to recover these
costs, but similar costs would probably be incurred
if other management options are selected.
There is likely to be resistance
to the introduction of a limited licensing system
for bait collection, were such an approach possible
(and this seems unlikely under the current legal
system). Criticism of this approach usually includes
the potential for abuse of the system because the
licences may increase rapidly in value if transferable.
As already noted above, many professional
bait collectors and retail outlets are in favour
of the introduction of a formal nation-wide licensing
system similar to that operated in Maine, USA (see
Appendix). Bait collectors
would only be permitted to sell to wholesale or
retail outlets on production of their licenses.
Records of license number, and quantities, origins
and types of bait bought and sold would have to
be maintained by retail outlets and wholesalers
incidentally making this information available
to the social security offices. This would benefit
professional bait collectors by putting them on
an even footing with the unemployed collectors,
who presently have the advantage of working within
the black economy. It would yield small
but significant income through licenses and increased
reporting of taxable income. Finally, it would benefit
the environment, by providing funds for research
from license fees, by increasing control over currently
unregulated commercial collection activity, and
by providing a means of promoting good practice
among all commercial collectors.
The introduction of a national
licensing system of this sort would probably require
new legislation. Introducing a similar system locally,
albeit not as comprehensive, may be within the competence
of some SAC management groups in those situations
where licenses for commercial collection can be
issued by foreshore owners or lease-holders.
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References
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