Background

The European clawed common lobster (Homarus gammarus) is one of our largest native crustaceans. It can be found in the Eastern Atlantic waters from the Arctic Circle to the Mediterranean (the British Isles is at the centre of distribution) and is one of the most valuable commercial species on the UK market.

European lobsters take around five to seven years in the British Isles to reach 87 mm carapace length (CL), which is the MLS set at EU level. Although female lobsters may carry eggs at sizes well below 80 mm CL, in many areas the size at which most female lobsters mature is above the minimum landing size. In some areas of England and Wales, there are already local Sea Fisheries Committee byelaws in place which set an MLS of 90 mm CL.

In 2005 the fishing industry in the UK comprised around 6,300 fishing vessels. Approximately two-thirds of vessels have a shellfish endorsement on their licence. However, not all of these are currently engaged in targeting lobsters and, as fishermen will target different species at different times of the year, we therefore do not know the precise level of fishing effort. The UK lobster fishery has been relatively stable for the last 6 years. In total, officially recorded landings in 2005 were 1,300 tonnes, with a value of £12 million. Of this, 890 tonnes (a value of £7.6 million) were landed by English vessels into England and Wales.

Most UK lobster stocks are currently being fished sustainably, and the recently-introduced Restrictive Shellfish Licensing Scheme seeks to maintain exploitation at current levels by limiting increases in fishing effort that could threaten crab and lobster stocks. Whilst the Shellfish Licensing Scheme restricts entry of new vessels to the fishery, it cannot control increases in effort by vessels that are licensed but fishing below their current capacity, i.e. the Scheme does not restrict the number of days fished or the number of pots fished. Scientific advice indicates that lobster stocks are at risk of being  exploited beyond sustainable limits if fishing effort increases significantly, and so the introduction of stronger technical measures is required in the absence of any further limitations on fishing effort.

The Department consulted the fishing industry in 2002 on whether the landing of berried lobsters should be prohibited and on the technical aspects of a draft Order in 2005. After detailed consideration of the consultation responses and scientific advice, Ministers concluded that an increase in MLS has the potential to deliver broadly the equivalent benefits to conservation of the stock at lower enforcement costs than a prohibition on the landing of berried females. There are also practical problems with enforcement of a prohibition on landing berried lobsters, whereas the enforcement of an increased minimum landing size (MLS) is more straightforward and likely to have greater compliance levels.

Stock assessment modelling shows that increasing the MLS of lobsters should provide significant increases in egg production, while providing some modest increases in yield per recruit. This offers substantial conservation benefits in the absence of any realistic reduction or limitation on fishing effort.

This consultation proposes to increase the MLS of lobsters as set out in The Undersized Lobsters Order 2000, from 87mm to 90mm CL, in order to provide additional protection for the spawning stocks. This will help to ensure the longer-term sustainable exploitation of the species.

This consultation document is a combined consultation paper and partial Regulatory Impact Assessment on which we are inviting your views.