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1. What is Commercial fishing?

Commercial fishing activity is when fishing is carried out in the course of a business or employment and/or the selling fish or fish products. An activity is generally considered as carried out in the course of business where it results in reward or gain, whether through a financial transaction, barter or some other form of trade.

Any fishing trip where catch is marketed or sold is considered a commercial trip and commercial rules and regulations must be adhered to at all times.

Being paid by members of the public to charter your vessel, solely for the purpose of fishing for pleasure, where none of the resulting catch is sold or marketed, does not constitute commercial fishing. This is recreational fishing – see section 2.

If you want to fish commercially and sell your fish you may be subject to regulations depending on your fishing method.

2. What is recreational fishing?

Recreational fisheries are defined within regulations as ‘non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport’ (2009/1224 Article 4 (28)).

This means that fishing for the purposes of pleasure, tourism or sport, both from the shore or from a vessel, where the catch is not marketed or sold, is regarded as ‘recreational’ fishing.

You may need a permit issued by an Inshore Fisheries and Conservation Authority (IFCA) to fish recreationally within their district. Information on your relevant regional IFCA can be found via the Association of IFCAs webpage:

3. Types of commercial fishing

In England there are a number of different ways of fishing commercially. These include, but are not limited to:

3.1 Licensed fishing vessels

You can fish commercially from a vessel licensed by one of the UK fisheries authorities.

See the fishing vessel licensing webpages for further information on how to license your vessel and the conditions that apply.

3.2 Unpowered under 10 metre vessels

You may currently fish commercially without a UK fishing vessel licence if your vessel:

• does not have a propulsion engine (‘unpowered’), and
• is not assisted by a powered vessel for any part of the operation of the vessel (e.g. towed), and
• measures not more than 10 metres in overall length

You may need a permit issued by an Inshore Fisheries and Conservation Authority (IFCA).

3.3  Licensed charter vessels

If you fish from a charter vessel which:

• has a UK fishing vessel licence; and
• any of the fish caught during the charter is marketed or sold

Then the trip is for a commercial purpose which means the vessel’s fishing licence applies and all catches taken are subject to the licence and any conditions contained in it. All regulations and requirements for commercial fishing activities should be adhered to for the duration of the trip.

If you fish from a charter vessel which:

• has a UK fishing vessel licence; and
• none of the fish caught during the charter trip is intended to be marketed or sold

Then this trip is considered a recreational fishing trip and all recreational fishing rules and requirements apply. If at any point during the trip, the intention changes, or the catch is marketed or sold, then it becomes a commercial fishing trip, and commercial requirements and regulations apply to the whole trip.

3.4  Shore fishing

If you fish commercially from the shore without a vessel you do not require a licence issued by a UK fisheries administration.

UK legislation and local byelaws may apply to shore fishing activities. Please contact your local MMO office and inshore Fisheries and Conservation Authority (IFCA) for further details.

4. Types of Recreational fishing

In England there are different ways of fishing recreationally – some examples are:

• fishing recreationally from a private unlicensed vessel for the purposes of pleasure, tourism or sport
• fishing from a charter vessel which does not hold a UK fishing vessel licence
• fishing from shore, without a vessel which does not require a licence or permit from the MMO. There may be legislation or local byelaws applicable to shore fishing activities. Please contact your local MMO office and IFCA for further details.

In all circumstances, catches should not be marketed or sold, as that would make the fishing activity a commercial activity and all commercial rules and regulations would apply.

When fishing recreationally, you may be subject to legislation or byelaws requirements in relation to recreation fishing.