jcmin_25nov05

AT A MEETING OF THE JOINT COMMITTEE held at County Hall, Mold on Friday, 25^th November 2005

PRESENT – MEMBERS

T. R. Glover (Chairman) Sefton Metropolitan Borough Council

R. Brassington Environment Agency

A. Brecknell DEFRA

W. J. Chorlton Anglesey County Council

D. Clapham Blackpool Borough Council

R. J. Gorman Welsh Assembly Government

C. Grunshaw Lancashire County Council

M. S. Hamer Lancashire County Council

G. Hancock DEFRA

B. P. Hodgson Welsh Assembly Government

H. P. Hughes Gwynedd

D. Jewitt DEFRA

A. Jones Welsh Assembly Government

T. Jones Welsh Assembly Government

D. T. Knowles Wirral Metropolitan Borough Council

S. J. Lockwood Welsh Assembly Government

A. Marklew DEFRA

K. Mould Welsh Assembly Government

M. R. Owen DEFRA

M. Porter DEFRA

V. K. Riley Lancashire County Council

W. G. Roberts Gwynedd County Council

E. D. Tew Conwy County Borough Council

T. J. Watson DEFRA

C. J. Woods DEFRA

OFFICERS

S. M. Atkins

I. V. Andrews

M. R. Boyce

W. Cook

J. Davies

I. Iredale

CHAIRMAN’S ANNOUNCEMENTS

1. The Chairman announced with regret the recent death of Councillor M. H. Ellis. Miss Ellis, appointed by Gwynedd County Council, was a Member of the Joint Committee for 16 years. She was Vice-Chairman of the Joint Committee from 1993 to 1999 and was also Vice-Chairman of the Finance and General Purposes Sub-Committee. Members stood in silence in tribute.

2. The Chairman welcomed new Member Mr. R. Brassington from the Environment Agency.

Members were advised of a change to Conwy County Council’s representation on the Joint Committee. Councillor R. N. Squire, who was unable to attend today’s meeting, had replaced Councillor M. A. Priestley.

3. The Chairman welcomed visitors Mr. Graham Ford-Keyte and Mr. Colin Sharman from the Marine Fisheries Agency, Holyhead.

4. The Chairman welcomed representatives from the fishing industry to the meeting.

5. Apologies for Absence

Apologies for absence were received from Councillors I ap Dewi, E. J. Griffiths, J. Jones, A. J. Markley, J. D. Murphy, E. Schofield, R. N. Squire, Dr. M. J. Kaiser and Messrs. N. Parker and O. J. Roberts

6. Exclusion of the Public

RESOLVED

That under Section 100(a)(2) of The Local Government Act, 1972, the public be excluded from the meeting for Item No. 14 on the grounds that it involved the likely disclosure of exempt information.

Councillor Chorlton, Anglesey County Council and Messrs. K. Mould and T. Jones, WAG, were requested to withdraw from the meeting during consideration of that item.

7. The Chairman asked Members’ permission to introduce additional correspondence in respect of Agenda Item 14. The letter from Anglesey County Council dated 21^st November had been tabled.

8. The Chairman announced that three further matters had been brought to his attention. These were the Marine Bill Newsletter which had been tabled, a Consultation document on measures to increase the number and size of bass available to commercial and recreational fishermen, which had also been tabled and the Welsh Fisheries Strategy. With Members’ permission those items would be discussed under Agenda Item 24.

DECLARATION OF PECUNIARY AND NON-PECUNIARY INTEREST IN AGENDA ITEMS

Members declared an interest in pecuniary and non-pecuniary interest in Agenda items as follows:

Item 7 – Report of the Special Meeting of the Scientific and Byelaws Sub-Committee held on 3^rd November 2005. Mr. A. Jones

Item 9 – Byelaw 14 – Cockle Fishery: Seasonal Closure. Mr. D. Jewitt, Mrs. M. Owen, Mr. C. Woods.

Item 10 – To revoke and simultaneously remake Byelaw 24 – Fixed Engines – Prohibitions (Wales). Mr. A. Jones

Item 11 – To revoke and simultaneously remake Byelaw 25 – Drift Nets – Prohibitions (Wales). Mr. A. Jones

Item 12 – To revoke and simultaneously remake Byelaw 30 – Hobby Fishing. Mr. R. J. Gorman.

Item 13 – Cockle and Mussel Fisheries Management. Mr. D. Jewitt, Mr. T. Jones, Mrs. M. Owen, Mr. C. Woods

Item 14 – Menai Strait (East) Several Order: Proposed Legal Action by Anglesey County Council. Councillor W. J. Chorlton, Mr. T. Jones, Mr. K. Mould

Item 24 – Any Other Items – Welsh Fisheries Strategy. Dr. S. J. Lockwood

TO RECEIVE MINUTES OF THE JOINT COMMITTEE HELD ON 29^TH JULY 2005

RESOLVED

That the proceedings of the Joint Committee held on 29^th July 2005 be approved and signed as a correct record by the Chairman.

MATTERS ARISING

There were no matters arising.

TO CONSIDER THE REPORT OF THE FINANCE AND GENERAL PURPOSES SUB-COMMITTEE

The report of the Finance and General Purposes Sub-Committee held on 30^th September 2005 was presented by the Chairman, Councillor D. Clapham.

RESOLVED

That the report of the Finance and General Purposes Sub-Committee held on 30^th September 2005 be accepted and approved.

TO CONSIDER THE REPORT OF THE SCIENTIFIC AND BYELAWS SUB-COMMITTEE HELD ON 30^TH SEPTEMBER 2005

In the absence of the Chairman, the Vice-Chairman Mr. Mould presented the report of the Scientific and Byelaws Sub-Committee held on 30^th September 2005.

With respect to Minute No. 16 relating to the Future Management of Shellfisheries in the District, English beds outside Morecambe Bay, Mr. Watson asked who the Joint Liaison Group represented and why Officers had an obligation to consult with that group before taking management actions. The Chief Executive advised Members that it was a group set up by the Committee to use the powers and resources of a range of different agencies to improve the management of shellfisheries in Morecambe Bay. The group did not influence the management decisions or recommendations brought to the Committee but Officers felt there was some obligation to consult with those agencies, which included the Police, DWP, Immigration, Inland Revenue, Health and Safety and Coastguard, who were all able to contribute some of their effort and resources in managing the fisheries.

Mrs. Owen raised concerns that the group did not take the view of local fishermen into account and that non-fishing and inexperienced people were being encouraged to go out onto the sands.

Mr. Boyce pointed out that the Committee did not have sufficient resources to deal with the current situation without the help of the other agencies. All organisations were working well together and Officers had received good support from the Police with enforcement.

The Chairman brought the discussion to a close by thanking Officers for the report and it was

RESOLVED

That the report of the Scientific and Byelaws Sub-Committee held on 30^th September 2005 be accepted and approved.

TO CONSIDER THE REPORT OF THE SPECIAL MEETING OF THE SCIENTIFIC AND BYELAWS SUB-COMMITTEE HELD ON 3^RD NOVEMBER 2005

In the absence of the Chairman, the Vice-Chairman Mr. Mould presented the report of the Special Meeting of the Scientific and Byelaws Sub-Committee held on 3^rd November 2005.

Mr. Mould advised Members that the Special Meeting had been called to consider the issue of scallop authorisations within the Welsh part of the District. The meeting had also been well attended by industry representatives.

Mr. Alwyn Jones said that details of vessels that had fished in the area concerned in previous years had been submitted to the Chief Executive. The area was very important to the local fishing industry and comprised less than 5% of the area CCW wanted to close. There were no reef structures in the area, which had been fished for many years without any adverse effects and it was felt the area could be easily policed.

The Chief Executive reminded Members that the Scientific and Byelaws Sub-Committee had given full consideration to the matter and it was considered that the resolution from that meeting was the only option for a way forward. It was hoped to discuss again with CCW of areas of concern to see what features were present there and ask whether that they would be prepared to consider a derogation from their original advice.

The Chairman suggested that a further meeting should be arranged to re-examine the areas of concern to try to resolve the situation.

Dr. Lockwood proposed that the resolution from the Scientific and Byelaws Sub-Committee should be accepted in the short term. He suggested that any further discussions with CCW should include Dr. Mike Kaiser in view of his expertise on the effects of fishing in areas of benthic communities and that CCW should also be urged to attend any such meeting.

The Principal Fishery Officer reminded Members that a decision was needed in order for authorisations to be issued with effect from 1^st January.

RESOLVED

1. That authorisations for scallop dredging be issued for the 2005/2006 season with the same conditions and exclusions that were applied from February 2005.

2. That the Chief Executive be directed to carry out further negotiations with CCW on the question of a derogation to permit fishing within the closed areas of the Llyn Peninsula and Tremadog Bay.

3. That a further meeting be arranged to consider this matter, with CCW invited to discuss their conservation advice.

4. That the report of the Special Meeting of the Scientific and Byelaws Sub-Committee held on 3^rd November 2005 be accepted and approved.

TO CONSIDER THE REPORT OF THE CONWY MUSSEL FISHERY ORDER LICENCE SUB-COMMITTEE HELD ON 29^TH JULY 2005

The Chairman presented the report on the meeting of the Conwy Mussel Fishery Order Licence Sub-Committee held on 29^th July 2005 and it was

RESOLVED

That the report of the Conwy Mussel Fishery Order Licence Sub-Committee held on 29^th July 2005 be accepted and approved

BYELAW 14 – COCKLE FISHERY: SEASONAL CLOSURE

The Principal Fishery Officer presented the report appraising Members on the progress of a byelaw for a closed season for cockles and mussels, extending throughout the District. At the Scientific and Byelaws Sub-Committee in September it was agreed that the Committee should proceed with the making of a byelaw for a closed season for cockles and a draft byelaw was provided at Annex B for Members’ consideration.

Mr Woods raised concerns on the dates agreed for the closed season. He suggested that the best time to start harvesting was July or August, and there was little benefit to be gained in waiting until September. He also raised concerns that consultation on this byelaw had not included the whole of the industry.

Members were reminded that when the byelaw was advertised and before it was confirmed there would be a further opportunity for the industry to raise objections.

RESOLVED

That the Joint Committee revoke and simultaneously re-make Byelaw 14 as circulated to Members with the Notice and Agenda of this meeting in accordance with The Sea Fisheries (Byelaws) Regulations 1985.

The byelaw now ‘made’ is

BYELAW 14

COCKLE FISHERY - SEASONAL CLOSURE

No person shall fish for, remove, take or disturb any cockles (Cerastoderma edule) in any part of the District between the 1^st day of May and the 31^st day of August in the same year, both dates inclusive.

Provided that it shall not be an offence under this byelaw to remove cockles (Cerastoderma edule) from a fishery in accordance with the written authority of the Committee.

The new byelaw would be advertised only once comment had been received from DEFRA and WAG.

TO REVOKE AND SIMULTANEOUSLY RE-MAKE BYELAW 24 – FIXED ENGINES – PROHIBITIONS (WALES)

The Principal Fishery Officer introduced the report informing Members of the recent progress in preparing a draft Byelaw 24, following an extensive consultation with all stakeholders. Three geographical areas were identified where a conflict of interested existed and the consultation had resulted in a greater understanding of the opposing view of commercial netsmen and angling interests. The draft byelaw at Annex B to the report encompassed a negotiated ‘middle ground’ that had been agreed by all parties.

Following a discussion it was

RESOLVED

That the Joint Committee revoke and simultaneously re-make Byelaw 24 as circulated to Members with the Notice and Agenda of this meeting in accordance with The Sea Fisheries (Byelaws) Regulations 1985.

The byelaw now ‘made’ is

BYELAW 24

FIXED ENGINES - PROHIBITIONS (WALES)

(a) This byelaw applies to that part of the District to the westward and southward of a line drawn 310° (True) from Hilbre Point (Latitude 53° 23.21' North, Longitude 03° 11.88' West).

For the purposes of Section 37(2) of the Salmon Act 1986, the placing and use of fixed engines is authorised subject to the exceptions contained at paragraphs (c), (d), (e) and (f).

For the purposes of Section 37(1) of the Salmon Act 1986, any fixed engine is to be set and used in such manner that salmonids (salmon and sea trout) are not taken. If such fish are taken, the fixed engine is to be re-set to avoid any re-occurrence.

The placing and use of a fixed engine, is prohibited in those parts of the District as defined at paragraph (g), during the periods given in (i) to (vii) below:

(i) Areas numbered 1, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, and 24; prohibited during the period 1^st April to 30^th November inclusive.

Areas numbered 3, 9 and 10; prohibited during the period 1st April to 30^th November inclusive for nets having a mesh size less than 249mm.

Areas numbered 3, 9 and 10; all beach set nets prohibited during the period 1st April to 30^th November inclusive.

Areas numbered 21 and 23; prohibited during the period 1^st April to 30^th November inclusive for nets having a mesh size greater than 65mm.

Area numbered 25: prohibited during the period 1st February to 30th September inclusive for nets having a mesh size of less than 249mm,

Area numbered 25; prohibited during the period 1st October to 31st January for nets having a mesh size greater than 65mm and less than 249mm.

Area numbered 26; prohibited at all times.

For the purposes of this byelaw, a beach set net is: any fixed net which is set above the low water mark of the day on which it was set.

To minimise the risk of the taking of salmonids, the Committee may also temporarily prohibit at any time, the setting of any fixed engine, in any part of the District as defined in paragraph (a) above.

(1) River Clwyd - the area bounded on the east by a line drawn in a 315° (True) direction from Splash Point (Latitude 53° 19.81' North, Longitude 03° 28.28' West) on the west by a line drawn in a 315° (True) from the sea defence wall (Latitude 53° 18.51' North, Longitude 03° 32.28' West) and a seaward line drawn in a 243° (True) direction from a position in (Latitude 53° 21.21' North, Longitude 03° 30.68' West).

(2) River Dulas - the area bounded on the east by a line 000° (True) from Ty-Crwyn (Latitude 53° 17.41' North, Longitude 03° 36.58' West) and on the west by a line drawn 000° (True) from the root of the Llysfaen Jetty (Latitude 53° 17.61' North, Longitude 03° 39.48' West) and a seaward line drawn in a 267° (True) direction from a position in Latitude 53° 18.01' North, Longitude 03° 36.58' West.

Menai Straits - Northern and Conwy Bay- the area inshore of lines from Great Ormes Head (Latitude 53° 20.31' North, Longitude 03° 52.88' West) to the Fairway Buoy (Latitude 53° 17.91' North, Longitude 03° 55.58' West) then to the south west corner of Puffin Island (Latitude 53° 18.91' North, Longitude 04° 01.98' West) thence to the lighthouse at Trwyn-Du (Latitude 53° 18.81' North, Longitude 04° 02.48' West) and seaward of a line drawn from Beaumaris Castle (Latitude 53° 15.91' North, Longitude 04° 05.38' West) to Llanfairfechan Church (Latitude 53° 15.11' North, Longitude 03° 58.68' West).

(4) River Conwy- the area within 100 metres either side of the channel of the River Conwy at low water as marked by navigational buoys and upstream of a line drawn across the River Conwy in a 254° True direction from the two flagstaffs at (Latitude 53° 17.91' North, Longitude 03° 50.38' West) to Conwy Morfa (Latitude 53° 17.81' North, Longitude 03° 50.98' West).

(5) Menai Straits - Central - the area bounded on the north by a line drawn from Beaumaris Castle (Latitude 53° 15.91' North, Longitude 04° 05.38' West) to Llanfairfechan Church (Latitude 53° 15.11' North, Longitude 03° 58.68' West) and on the south by a line from Fort Belan Point (Latitude 53° 07.42' North, Longitude 04° 19.87' West) to Abermenai Point (Latitude 53° 07.62' North, Longitude 04° 19.77' West).

(6) River Dulas/Moelfre - the area inshore of a line drawn from Moelfre Lighthouse (Latitude 53° 21.41' North, Longitude 04° 13.98' West) to Penrhyn Glas (Latitude 53° 23.71' North, Longitude 04° 16.17' West).

(7) Cemaes Bay - the area inshore of a line drawn from Llanbadrig Head (Latitude 53° 25.31' North, Longitude 04° 27.07' West) to the Headland (Latitude 53° 24.91' North, Longitude 04° 28.07' West).

Inland Sea - the area bounded in the north by a line drawn from Porth Dryw (Latitude 53° 19.51' North, Longitude 04° 34.77' West) and the Telephone Cable markers at Penrhos Beach (Latitude 53° 18.21' North, Longitude 04° 36.77' West) and on the south by a line drawn from Silver Bay (Latitude 53° 14.61' North, Longitude 04° 33.97' West) to the seaward end of Ynys Wellet (Latitude 53° 13.91' North, Longitude 04° 32.47' West) to Mynydd Mawr (Latitude 53° 12.41' North, Longitude 04° 30.37' West).

Menai Straits - Southern - the area bounded on the north by a line drawn from Fort Belan Point (Latitude 53° 07.42' North, Longitude 04° 19.87' West) to Abermenai Point (Latitude 53° 07.62' North, Longitude 04° 19.77' West) and on the south by a line from the Nebo Television Mast (Latitude 53° 01.22' North, Longitude 04° 16.27' West) to Ynys Meibion (Latitude 53° 11.31' North, Longitude 04° 30.47' West).

(10) River Llyfni - the area bounded in the north by a line drawn from Nebo Television Mast (Latitude 53° 01.22' North, Longitude 04° 16.27' West) to Ynys Meibion (Latitude 53° 11.31' North, Longitude 04° 30.47' West), and a seaward line drawn in a 019° (True) direction from Mynydd Garnguwch (Latitude 52° 57.52' North, Longitude 04° 25.27' West) to where it intersects the line from Nebo Television Mast to Ynys Meibion.

(11) Abersoch - the area inshore of a line drawn from Penrhyn Ddu (Latitude 52° 48.62' North, Longitude 04° 29.27' West) in a 351° (True) direction to High Water Mark (Latitude 52° 50.22' North, Longitude 04° 29.67' West).

(12) Pwllheli - the area bounded on the west by a line drawn in a 180° (True) direction from the high water mark at the Embankment Road (Latitude 52° 52.82' North, Longitude 04° 24.77' West) to a position in Latitude 52° 52.72' North, Longitude 04° 24.77' West thence in a 075° (True) direction to a position in Latitude 52° 53.02' North, Longitude 04° 22.87' West thence 000° (True) to Abererch Beach (Latitude 52° 53.82' North, Longitude 04° 22.87' West).

(13) River Dwyfor - the area inshore of a line drawn from Pen-Ychain (Latitude 52° 53.52' North, Longitude 04° 19.57' West) to Criccieth Castle (Latitude 52° 54.92' North, Longitude 04° 13.97' West).

(14) River Dwyrd - the area inshore of a line drawn from Graig Ddu (Latitude 52° 54.82' North, Longitude 04° 12.07' West) to Harlech Castle (Latitude 52° 51.52' North, Longitude 04° 06.57' West).

(15) River Artro - the area inshore of a line drawn in a 210° (True) direction from Harlech Castle (Latitude 52° 51.52' North, Longitude 04° 06.57' West) to the tip of Shell Island (Latitude 52° 48.82' North, Longitude 04° 09.17' West).

(16) River Ysgethin - the area bounded in the north by a line drawn in a 270° (True) direction from Dyffryn Ardudwy Station (Latitude 52° 47.22' North, Longitude 04° 06.27' West) to a position (Latitude 52° 47.22' North, Longitude 04° 08.27' West) and in the south by a line drawn in a 270° (True) direction from Egryn Chapel (Latitude 52° 45.92' North, Longitude 04° 05.07' West) to a position (Latitude 52° 45.92' North, Longitude 04° 06.77' West) and a seaward line drawn in a 145° (True) direction from a position in Latitude 52° 47.22' North, Longitude 04° 08.27' West.

(17) River Mawddach - the area bounded by a seaward line drawn in a 175° (True) direction from Llanaber Church (Latitude 52° 44.52' North, Longitude 04° 04.57' West) to the Avalanche Shelter at Fairbourne (Latitude 52° 40.92' North, Longitude 04° 03.97' West).

(18) River Dysynni - the area bounded on the north by a line drawn in a 270° (True) direction from Tonfanau (Latitude 52° 37.12' North, Longitude 04° 07.57' West) and on the south by a line drawn in a 238° (True) direction from Bron-y-mor (Latitude 52° 35.12' North, Longitude 04° 06.07' West) and a seaward line from a position in Latitude 52° 37.12' North, Longitude 04° 08.87' West in a 148° (True) direction to where it intersects the above line from Bron-y-mor.

(19) River Dyfi - the area bounded on the north by a line drawn in a 270° (True) direction from (Latitude 52° 34.22' North, Longitude 04° 05.37' West) to a position of (Latitude 52° 34.22 North, Longitude 04° 06.57' West) and a seaward line drawn in a 163° (True) direction from that position to Borth War Memorial (Latitude 52° 28.62' North, Longitude 04° 03.67' West).

(20) River Clarach - the area bounded on the north by a line drawn in a 270° (True) direction from Glan-y-mor (Latitude 52° 26.22' North, Longitude 04° 04.97' West) to a position in Latitude 52° 26.22' North, Longitude 04° 05.37' West thence in a 170° (True) direction to a position in Latitude 52° 25.92' North, Longitude 04° 05.27' West thence in a 090° (True) direction to Tygwyn (Latitude 52° 25.92' North, Longitude 04° 04.77' West).

Rivers Rheidol/Ystwyth - the area bounded on the north by a line drawn in a 270° (True) direction from Castle Point (Latitude 52° 24.82' North, Longitude 04° 05.47' West) and a seaward line drawn in a 008° (True) direction from Morfa Bychan (Latitude 52° 22.62' North, Longitude 04° 06.57' West) until it intersects the above line from Castle Point.

River Wyre - the area bounded on the south by a line drawn in a 302° (True) direction from the high water mark of the Llanrhystud road (Latitude 52° 18.02' North, Longitude 04° 09.87' West) to a position of Latitude 52° 18.22' North, Longitude 04° 10.57' West and a seaward line drawn in a 053° (True) direction from that position to Carreg Ty-pw (Latitude 52° 18.92' North, Longitude 04° 09.07' West).

River Aeron - the area bounded on the north by a line drawn in a 310° (True) direction from Aberarth (Latitude 52° 15.22' North, Longitude 04° 13.67' West) to a position in Latitude 52° 16.02' North, Longitude 04° 15.07' West thence in a 231° (True) direction to a position in Latitude 52° 14.92' North, Longitude 04° 17.37' West thence in a 135° (True) direction to Pen-y-gloyn (Latitude 52° 14.32' North, Longitude 04° 16.37' West) .

24 River Llethi - the area bounded by lines drawn in a 153° (True) direction and a 119° (True) direction from a position in Latitude 52° 13.12' North, Longitude 04° 20.57' West (in the proximity of Carreg Ina buoy) to high water mark on Traeth Gwyn (Latitude 52° 12.72' North, Longitude 04° 20.37' West) and to high water mark near the end of sea defence works on Cei Bach Beach (Latitude 52° 12.77' North, Longitude 04° 19.57' West) .

25 Cardigan - the area bounded by a line drawn from Mwnt Headland (Latitude 52° 08.22' North, Longitude 04° 38.67' West) to the northernmost point of Cardigan Island (Latitude 52° 08.02' North, Longitude 04° 41.37' West) thence to Cemaes Head (Latitude 52° 07.12' North, Longitude 04° 43.87' West) and a line from the Cliff Hotel Gwybert (Latitude 52° 07.08' North, Longitude 04° 41.29' West) to the Boathouse, Penrhyn (Latitude 52° 06.59' North, Longitude 04° 42.72' West).

River Teifi- the area inshore of a line from the Cliff Hotel, Gwybert (Latitude 52° 07.08' North, Longitude 04° 41.29' West) to the Boathouse, Penrhyn (Latitude 52° 06.59' North, Longitude 04° 42.72' West).

Note: All positions are referred to the WGS 84 Datum.

The new byelaw would be advertised only once comment had been received from DEFRA and WAG.

TO REVOKE AND SIMULTANEOUSLY RE-MAKE BYELAW 25 – DRIFT NETS – PROHIBITIONS (WALES)

The Principal Fishery Officer reported that the review of Byelaw 25 had been undertaken in tandem with that of Byelaw 24 and the areas referred to in this report were the same as in Item No. 10. As with Byelaw 24, all interested parties had agreed a negotiated ‘middle ground’.

The Chief Executive advised Members that Councillor D. Owens, who was unable to attend today’s meeting, had indicated that although he questioned the net restrictions in area 3 and 9 he would accept the decision reached by Members at today’s meeting.

RESOLVED

That the Joint Committee revoke and simultaneously re-make Byelaw 25 as circulated to Members with the Notice and Agenda of this meeting in accordance with The Sea Fisheries (Byelaws) Regulations 1985.

The byelaw now ‘made’ is

BYELAW 25

DRIFT NETS – PROHIBITIONS (WALES)

This byelaw applies to that part of the District to the westward and southward of a line drawn 310° (True) from Hilbre Point (Latitude 53° 23.21' North, Longitude 03° 11.88' West).

Any drift net shall be used in such place, at such times and in such manner that it does not interfere with the migration of salmonids (salmon and sea trout). If such fish are taken, the drift net is to be re-shot to avoid any re-occurrence.

For the purposes of section 37 (1) of the Salmon Act 1986, no person shall place or use any drift net in those parts of the District, as defined at paragraph (e), during the periods given in (i) and (ii) below:

Areas numbered 1, 2, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24; prohibited during the period 1^st April to 30^th November inclusive.

Areas numbered 25 and 26; prohibited at all times.

To minimise the risk of taking salmonids, the Committee may also temporarily prohibit at any time, the use of any drift net, in any part of the District as defined in paragraph (a) above.

(e) (1) River Clwyd - the area bounded on the east by a line drawn in a 315° (True) direction from Splash Point (Latitude 53° 19.81' North, Longitude 03° 28.28' West) on the west by a line drawn in a 315° (True) from the sea defence wall (Latitude 53° 18.51' North, Longitude 03° 32.28' West) and a seaward line drawn in a 243° (True) directionfrom a position in (Latitude 53° 21.21' North, Longitude 03° 30.68' West).

(14) River Dwyrd - the area inshore of a line drawn from Graig Ddu (Latitude 52° 54.82' North, Longitude 04° 12.07' West) to Harlech Castle (Latitude 52° 51.52' North, Longitude 04° 06.57' West).

(24) River Llethi - the area bounded by lines drawn in a 153° (True) direction and a 119° (True) direction from a position in Latitude 52° 13.12' North, Longitude 04° 20.57' West (in the proximity of Carreg Ina buoy) to high water mark on Traeth Gwyn (Latitude 52° 12.72' North, Longitude 04° 20.37' West) and to high water mark near the end of sea defence works on Cei Bach Beach (Latitude 52° 12.77' North, Longitude 04° 19.57' West) .

(25) Cardigan - the area bounded by a line drawn from Mwnt Headland (Latitude 52° 08.22' North, Longitude 04° 38.67' West) to the northernmost point of Cardigan Island (Latitude 52° 08.02' North, Longitude 04° 41.37' West) thence to Cemaes Head (Latitude 52° 07.12' North, Longitude 04° 43.87' West) and a line from the Cliff Hotel Gwybert (Latitude 52° 07.08' North, Longitude 04° 41.29' West) to the Boathouse, Penrhyn (Latitude 52° 06.59' North, Longitude 04° 42.72' West).

26 River Teifi- the area inshore of a line from the Cliff Hotel, Gwybert (Latitude 52° 07.08' North, Longitude 04° 41.29' West) to the Boathouse, Penrhyn (Latitude 52° 06.59' North, Longitude 04° 42.72' West).

Note: All positions are referred to the WGS 84 Datum.

The new byelaw would be advertised only once comment had been received from DEFRA and WAG.

TO REVOKE AND SIMULTANEOUSLY RE-MAKE BYELAW 30 – HOBBY FISHING

Mr. Boyce introduced the report appraising Members on the progress made in developing a byelaw which would limit the amount of fishing gear that may be used by those persons fishing for shellfish as a hobby. Cumbria Sea Fisheries Committee in currently implementing a byelaw setting a 5 pot limit and South Wales SFC already has such a byelaw in place.

The question of enforcement of such a byelaw was raised. The Chief Executive advised Members that fishermen would be made aware of the limits that could be taken by way of their hobby or personal needs and the byelaw would be enforced as strongly as the Committee’s resources would allow.

In response to a question by Mr. Brassington (Environment Agency) as to whether the question of gill nets or restrictions on netting by hobby fishermen had been considered when drawing up this byelaw, the Principal Fishery Officer replied that it had but it was felt this would produce a very complex byelaw. Officers were currently working on a separate byelaw for restrictions on netting. Mr. Brassington supported those moves and said the Environment Agency would be happy to assist with progressing such a byelaw.

RESOLVED

That the Joint Committee revoke and simultaneously re-make Byelaw 30 as circulated to Members with the Notice and Agenda of this meeting in accordance with The Sea Fisheries (Byelaws) Regulations 1985.

The byelaw now ‘made’ is

BYELAW 30

FISHING FOR LOBSTER, CRAWFISH, CRAB, PRAWN AND WHELK

No person, except in accordance with paragraph 4, shall fish for, take or land from any fishery within the District, any of the species as listed below, except under a permit issued by the Committee. All such fish must be landed on the same calendar day on which they were caught and may not be stored in any keep pot or similar device at sea.

Species	Maximum Daily Quantity
Lobsters (Homarus gammarus)	2 individuals
Crawfish (Palinurus elephas)	1 individual
Edible crabs (Cancer pagurus) Spider crabs (Maia squinado) Velvet crabs (Liocarcinus puber)	Combined total of 5 individuals
Prawns (Pandalidae and Palaemonidae)	1 kilogram
Whelks (Buccinum undatum)	5 kilograms

Permit conditions:

The permit shall not be transferable, and

The person to whom the permit is issued shall not use more than 5 pots, and shall not take or land in a calendar day more than the specified Maximum Daily Quantity of each species listed in paragraph 1, and

All fishing gear shall be clearly marked with the number issued with the permit, and

any boat used in accordance with the byelaw shall clearly display the number issued with the permit, and shall not be used to haul any pots or nets not marked with that number, and

the permit to fish shall be invalid if any of the above conditions are not met.

3. Applications to fish under this byelaw shall be made using the printed forms available from the Committee.

4. This byelaw shall not apply to any person fishing from any fishing boat registered in accordance with the rule for the time being in force for the registration of a British sea fishing boat and holding a current fishing licence issued by the Government of England or Wales.

The new byelaw would be advertised only once comment had been received from DEFRA and WAG.

COCKLE AND MUSSEL FISHERIES MANAGEMENT

The Chief Executive reported on plans for short and medium term management of the cockle and mussel fisheries and progress with removing the closures currently in place throughout the District. The intention was to try to get back to a situation where as many cockle and mussel beds within the District were opened as possible.

In the Welsh part of the District stocks were very low, with many small beds centred around the North Wales coast. It was hoped to open all the Welsh beds, apart from Traeth Lafan which contained good stocks of juvenile cockles, within the next few days.

In response to a question from Dr. Hodgson as to whether consideration had been given to a night-time restriction, Dr. Atkins advised Members that this had been considered but Officers had decided against such measures at the present time as it was likely only limited activity would take place.

With respect to the English shellfish beds, English Nature had raised concerns over access to Flookburgh and advised that opening that bed could lead to damage to coastal habitats, with the resultant possible action under the CROW Act. A decision had been taken not to open Flookburgh in the short term but the matter would be reviewed should any good access route become available.

There was a reasonable fishery available at Fleetwood and Pilling and arrangements had been agreed with English Nature for those beds to be opened within the next few weeks.

A Press Release about the continued closure of the North Morecambe Bay cockle beds had been issued on 22^nd November and Members raised concerns that they had not been made aware of this beforehand. The Chief Executive informed Members that this had been produced following pressure from the Minister, local MPs and the Police. Members were assured that they would be kept better informed of developments in future.

With regard to the future of the District-wide Permit Scheme which expires on 31^st January 2006, Members were advised that Byelaw 13A does not allow for a permanent permit scheme and Officers were looking to develop a new permit scheme byelaw to tie in with the proposed closed season byelaw. Officers were consulting with DEFRA lawyers to establish the limits of the powers and conditions that could be attached to any new permit scheme.

RESOLVED

That the Welsh shellfish beds, with the exception of Traeth Lafan, be opened in early December as proposed.

That the English shellfish beds at Pilling and Fleetwood be opened during December 2005.

That the opening of the cockle bed at Flookburgh be reviewed should any good access route become available.

That Officers be directed to proceed with developing a new permit scheme byelaw to tie in with the proposed closed season byelaw.

That the report be received.

STATEMENT OF ACCOUNTS FOR YEAR ENDED 31^ST MARCH 2005

The Finance/Admin Officer presented the report on the Statement of Accounts for the year ended 31^st March 2005. Members were advised that the Audit Commission had confirmed there were no outstanding issues relating to the 2004/2005 accounts and had subsequently signed them off.

In response to a question from the Chairman as to whether the costs for Morecambe Bay had yet been identified, Mr. Davies replied that he had not had an opportunity to prepare those figures but would try to do so for the next meeting of the Joint Committee.

RESOLVED

That Members approve the final Statement of Accounts for the year ended 31^st March 2005.

That the Statement of Accounts be circulated to all constituent councils.

That the report be received.

BUDGET 2005/2006

The Finance/Admin Officer introduced the report which presented Members with a revised budget for the current year, and sought approval for a slight overall increase in requirements.

RESOLVED

That Members approve the proposed revised budget as recommended by the Finance and General Purposes Sub-Committee on 30^th September 2005.

That the report be received.

BUDGET AND LEVY 2006/2007

The Finance/Admin Officer presented the report informing Members of the recommended budget for 2006/2007 and seeking to fix an appropriate levy for that year. Members were reminded that the recent Review of Establishment had made recommendations on staffing levels. This budget sought to take the first steps towards addressing those recommendations.

The Chief Executive advised Members that Miss Ingrid Iredale had been offered, and had accepted, the post of Biodiversity Officer to cover the Welsh part of the District. The post, which had been set up with assistance by way of grant from CCW, was initially for one year. It was hoped that if the post was successful, CCW might consider renewing the funding arrangements after the initial year. Negotiations with English Nature were continuing for the English part of the District and the Senior Scientific Officer was continuing to carry out environmental duties in England for the time being.

The proposed budget also allowed for increases in the Committee’s contribution to the Superannuation Fund, a possible increase in the rent for the Lancaster offices, replacement of inflatable boats and quad bikes and also provision for the recruitment and employment of an additional Fishery Officer.

Councillor Riley raised concerns at the level of increase in the proposed budget. With increasing financial constraints placed on constituent councils he suggested that a more acceptable increase would be the rate of inflation.

The Finance Officer said that over the past few years deficit budgets had been set, which had resulted in Reserves falling to an unacceptable level. A five year projection had been produced in 2002 in an attempt to return gradually to a balanced budget and this year was the last of those five years. Officers would have been looking towards more acceptable increases in normal circumstances.

Following a discussion it was

RESOLVED

That the proposed budget for the year 2006/2007 be approved leading to a total levy for the 2006/2007 financial year of £769,182 and that the constituent councils be levied with their proportion due.

That the report be received.

TRIANNUAL REPORT

The Principal Fishery Officer reported on activity throughout the District for the period ending 31^st October 2005.

In response to a question from Mr. Brecknell relating to page 2 of the Principal Fishery Officer’s summary concerning the BASS management plan, Mr. Boyce said that all proposals for best management had been based on Minimum Landing Size. It is understood these only applied to fish landed from a boat and would affect only the commercial sector. It was felt this could be perceived as discriminatory and clarification on the interpretation of the legislation was being sought with DEFRA.

RESOLVED

That the report be received.

ASSOCIATION OF SEA FISHERIES COMMITTEES – REPORT ON MEETING HELD ON 21^ST SEPTEMBER 2005

The Chief Executive provided a verbal report on the meeting of the Association of Sea Fisheries Committees held on 21^st September 2005. Nothing of direct interest to the Committee had been discussed.

RESOLVED

That the report be received.

REPORT ON ANNUAL STATUTORY MEETING WITH MINISTERS HELD ON 21^ST SEPTEMBER 2005

The Chief Executive provided a verbal report on the Annual Statutory Meeting with the Minister held on 21^st September 2005.

Members were advised that the expected statement from the Minister on the future of SFCs had not been forthcoming. The progress of the Marine Bill was proving slow and the primary framework legislation was unlikely to be in place before 2008. The first Marine Bill Newsletter had been produced but this did not provide much information.

Consultation on the measures to increase the number and size of bass available to commercial and recreational fishermen had been produced jointly by DEFRA and WAG and Members were reminded that this document had been tabled. If any Members wished to comment on this towards a broad Committee response they should send their comments to the Chief Executive by the end of January.

Dr. Atkins reported on the meeting held with the Minister on 1^st November. Two Committee Members, Mr. Hamer and Mrs. Owen, had been invited to accompany Ms Geraldine Smith, MP and the Chief Executive to this meeting. The main issues pressed with the Minister were the introduction of a national shellfish scheme for intertidal harvesting, the situation in Morecambe Bay and the issue of a national SI to establish a Minimum Landing Size for cockles throughout England and Wales. The Minister gave the representatives good attention and seemed to recognise the problems. With respect to the introduction of a national shellfish scheme for intertidal harvesting the Minister said this would take primary legislation and there was unlikely to be any parliamentary time available for this until the Marine Bill had been progressed.

Mr. Hamer’s view of the outcome of that meeting, which was supported by Mrs. Owen, was that the representatives had convinced the Minister that the beds should be kept closed on safety grounds and opening of beds would not likely be considered until March 2006. The Minister had said that if it was decided not to open the beds the Committee would not be challenged. Mr. Hamer was disappointed to learn Officers had now decided to open the beds in the first week of December

Dr. Lockwood reminded Members that the whole matter had been discussed at the meeting of the Scientific and Byelaws Sub-Committee in September when it was agreed that certain beds within Morecambe Bed where there are fishable stocks should be opened by the end of November, subject to the agreement of English Nature.

Councillor Riley advised Members that he would be introducing a notice of motion at a meeting of Lancashire County Council in December for the issue of a properly regulated licensing scheme for Morecambe Bay cockle fishermen to be debated.

Following further discussion it was

RESOLVED

That the report be received.

REPORTS BY REPRESENTATIVES

a) Irish Sea Forum

No meetings of this group had been held during the period.

Duddon Estuary Consultative Committee

Mr. Parker had nothing to report on this group at the present time.

Sefton Beach Consultation Group

Mr. Marklew reported on a meeting of the Sefton Beach Management meeting held on 30^th October at Southport which had been well attended. The quality of local bathing waters continued to improve despite a problem earlier in the year when a combination of heavy rain and high tides resulted in the deposit of sheep droppings along the strand line. This required a major clean up to get the beaches back to normal.

Sefton Council and the National Trust were making a combined effort to develop visitor attractions at various sites along the Sefton Coast.

Other items discussed included horse riding, hovercraft use and reports on regular police quadbike patrols.

The question of beach vehicular access for anglers collecting bait was also discussed. The meeting had agreed that local recognised angling clubs would be allocated a certain number of access permits to the beach. Further meetings were to be held with beach management officials regarding the building of a secure store for boats, trailers and tractors for anglers at Crosby. The next meeting would be held in April 2006.

Dee Estuary Conservation Group

Dr. Hodgson reported on a meeting of the Dee Estuary Conservation Group held on 29^th September 2005. Key issues discussed included illegal fishing and concerns about foreign trawlers seen in the Dee Estuary and illegal fishing reported to be taking place in both the Dee Estuary and in the Irish Sea outside the Dee. It is understand an Environment Agency representative would be attending the next meeting to discuss the issues raised. There was real concern within the Local Fisheries Committee of the EA and EA Regional Fisheries Committee about the enforcement control generally.

A Public Enquiry on the Dee Estuary Harbour Revision Order would be starting next week at the Greenfield Business Centre to consider the objections to the Orders

The Port of Mostyn was to allow dredging in the outer estuary to enable silt to be dredged out of the channel. A monitoring programme was being undertaken over the next two years.

Progress was being made on the Cockle Regulating Order. Beds on Salisbury Bank were opened on 28^th and 29^th July which was the only area where sustained cockling was available. There was concern on the harvesting of razor shells along the North Wales coast and the impact of this activity on birds.

The next meeting of this group would be held on 12^th January 2006.

Traeth Lafan Local Nature Reserve Management Committee

The Chief Executive reported that a meeting of this Management Committee would be held on 8^th December 2005. No other meetings had been held during the period.

Marine Safety Sub-Committees

(a) North West Region

Mr. Hamer advised Members that it had been reported some months ago that this group was being disbanded and replaced by another Committee. Mr. Hamer said with Members’ agreement he would be happy to attend meetings of the new group

(b) North and Mid Wales Region

There was nothing to report on this group at the present time.

REVIEW OF THE COMMITTEE’S MEETING CYCLE

The Chairman introduced the report, which had been prepared to consider the most effective delivery of Committee business in future. At present some items discussed by the Standing Sub-Committees were being given further consideration at the next full Joint Committee meeting. A change to four quarterly meetings per year would give all Members the opportunity to hear the debate and contribute to the discussion. The Sub-Committees would be kept for specific items that needed in-depth examination. It was suggested, and agreed, that the proposal for quarterly meetings of the Joint Committee should proceed on a trial basis of 12 months, with a review at the end of that time.

RESOLVED

1. That the Committee moves to a trial cycle of four quarterly meetings per year in 2006.

2. That the proposed cycle of meetings be reviewed after a 12 month trial period.

3. That the dates of meetings for 2006 be as follows:

Friday, 3^rd February 2006

Friday, 19^th May 2006

Friday, 8^th September 2006

Friday, 8^th December 2006

4. That the report be received.

ANY OTHER ITEMS

9. Consultation document on measures to increase the number and size of bass available to commercial and recreational fishermen.

The Chief Executive advised Members that the deadline for response to the DEFRA consultation was 8^th February 2006. If any Member had any comments to be included in the Committee’s response they were reminded that these should be received at the office by the end of January.

10. Welsh Fisheries Strategy

The Chief Executive informed Members that the Welsh Assembly Government was embarking on a fisheries strategy for Wales which would likely have implications for this Committee. Member Dr. Lockwood was a member of the stakeholder advisory group and discussions were ongoing. Members would be kept advised of developments.

Mrs. Owen advised Members that Mr. Brecknell had been training five young fishermen from North Morecambe Bay in sea survival and fire fighting. This was a positive move in the right direction and Mr. Brecknell was to be commended for his initiative.

Councillor W. J. Chorlton had previously left the meeting. Messrs. K. Mould and T. Jones left the meeting at this point.

EXCLUSION OF THE PUBLIC

RESOLVED

That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information defined in paragraph 4 of Part 1 of schedule 12A of the Act.

Summary notes in accordance with the requirements of the Local Government (Access to Information) Act, 1985 for the following item.

MENAI STRAIT (EAST) SEVERAL ORDER: PROPOSED LEGAL ACTION BY ANGLESEY COUNTY COUNCIL

The Chief Executive presented the report seeking Members’ comments on a response to a proposed threat of legal action by Anglesey County Council to establish their claimed right to repossess part of the Menai Strait East Several Order area.

Members were reminded of the additional correspondence received in respect of this item, which was a further letter from Anglesey County Council with new legal opinion. This matter had been ongoing for a number of years and Anglesey County Council have now requested the Committee to formally and openly concede the interpretation and application of Article 18 of the 1962 Order and terminate the relevant lease of that part of Area 4 of the fishery required for construction of the Marina before the end of the year.

The Chief Executive reminded Members that the Committee had previously declined the request to terminate the lease on the basis of the 1967 Shellfish Act which did not allow the Committee as Grantees to undertake any activity which could lead to damage to the fishery. It was understood that not all permissions were yet in place for the construction of the Marina to proceed and Officers were recommending that the lease to Area 4 should not be terminated until it had been determined that all those necessary permissions were in place. It was further recommended that Officers should be directed to appoint counsel to act on its behalf in the event of a judicial review.

Following a vote it was

RESOLVED

1. That the Joint Committee would acknowledge the rights of Anglesey County Council under Article 18 of the Fishery Order as requested.

That the SFC would review the status of the leaseholder for Area 4 in the Menai Strait Oyster and Mussel Fishery Order 1962 once all necessary permissions for construction of the Marina were in place.

That Officers be directed to appoint a QC to advise further on the issues raised in the letter from Anglesey County Council and act on the Committee’s behalf.

That the report be received.

There being no further business the Chairman thanked Members for attending and declared the meeting closed at 1315 hours.

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