This report reconsiders the potential benefits of a new Regulating Order for the cockle and mussel fisheries of Morecambe Bay. It proposes a means by which work on such an Order could be recommenced in tandem with the renewal of three current Fishery Orders within the District which expire in 2008.

1.1 Fishery Orders are statutory instruments (SI) made by Parliament under the Sea Fisheries (Shellfish) Act 1967. These Orders enable the Committee, as Grantee, to actively manage the shellfisheries sustainably and economically. Fishery Orders provide for some of the most productive and sustainable shellfisheries of our District. They have effect for a defined time period, usually 30 or 60 years although recently much shorter Orders have been enacted. When Orders expire, if not renewed, the controls such as leases and lays, together with the management and income benefits established under the Order cease to apply.

1.2 The work required to establish, or renew a Fishery Order is considerable and complex. The purpose of the Order, and the Order itself must be drafted, taking into account the views and interests of all stakeholders including all the regulators, landowners and the users of the area from the fishing and other sectors. A management plan of the area to be regulated has to be prepared, also taking into account views of the other authorities and for a ‘Special Area of Conservation’, (such as Morecambe Bay) it is likely that an extensive 'Appropriate Assessment' would have to be agreed with the Conservation Agency. Government approval for the Order is required to provide the necessary act of parliament and a public inquiry to address stakeholder concerns and objections is probable.

1.3 The Committee has done extensive background study of the feasibility and potential benefits of a Regulating Fishery Order for Morecambe Bay over the past 10 years. The estimated cost and complexity of setting up such an Order was seen as a barrier to progress. Government signals of new legislation for inshore fishery management have up to now, suggested that the large amount of work required to develop an Order might not be appropriate at this time.

1.4 However the political climate in Morecambe Bay has changed since 2004. The changing nature of modern shellfisheries with large number of fishers operating internationally and the increased pressure on the Morecambe Bay area from the fishery, have led to renewed calls for an improved management regime. In the absence of a commitment from Government for new national legislation in the short term, it is necessary to reconsider a Regulating Order for Morecambe Bay.

1.5 In addition to the Morecambe Bay issue, in 2008-9, three existing Fishery Orders within our District are scheduled to expire. These are

2.1 The 1978 Mussel Fishery Order provides for management of seed mussel fishing in a small northern part of the Bay known as South America Skear. It will expire on 18 January 2009. At the very least, this Order should be renewed in its present form to maintain the benefits it brings for mussel growing and wild stock in the district.

2.2 There is now a strong argument for a much larger scale Regulating Order covering all or as much as possible of the cockle and mussel fisheries of Morecambe Bay. The main fishery benefits that such an Order would be expected to bring are that shellfish gathering could be licensed, number of fishers could be limited according to defined criteria and fishers would have an incentive to manage the fisheries sustainably with a long term view. An important benefit for the Committee would be that the management costs of the fisheries could be recovered through the licence and/or lease charges.

3.1 This 60 year Order was made in 1948 and will expire in 2008. It is a Regulating Order which enables the Committee to manage the mussel fisheries through a limited licensing scheme. There are at present 20, of a maximum allowed 22, licences. The Order licensing Sub-Committee will shortly discuss a change in one of the licence holders. A review group was established in 2004 to progress the renewal of this Order which has agreed the process required. The group has also quantified the substantial changes required to the Order's boundaries and management controls. However, resource constraints and the change in Chief Executive have meant that the group has not met recently and CEO regrets that the renewal is now behind the schedule proposed in the early meetings of the group.

4.1 The Menai Strait West Order is a Several Order which leases defined areas to shellfish growers to cultivate mussels, oysters and clams. It expires on 23 March 2008.