To inform Members on progress with issuing authorisations for scallop fishing within the District, and the proposed designation of a 'scallop box' in Tremadog Bay

1.1 The issue of Byelaw 12 scallop authorisations has, up to 2004, been a relatively simple task. However, the authorisation of dredging is now deemed to be a "plan or project" if it occurs within a European Marine Site and this has greatly complicated the process of issuing authorisations, particularly within the Pen Llyn a’r Sarnau SAC.

1.2 In 2005 the situation has become even more complex, due to the interaction of Byelaw 12 with the new Byelaw 9, and new national legislation in Wales.

1.3 Fishing for scallops focuses on areas to the east of Anglesey and from north Llyn Peninsula to Cardigan. Whilst there is no seasonal restriction on fishing for Queen scallops (Aequipecten opercularis), National legislation imposes a closed season in the Irish Sea for King scallops (Pecten maximus).

1.4 Byelaw 12 prohibits the use of dredges in fishing for bivalve molluscs, except for persons holding an authorisation issued by the Committee. The authorisations are issued on an annual basis, and are conditional on the applicant using a vessel which complies with Byelaw 9 (Mechanically propelled vessels - maximum length). The authorisation also requires that monthly catch returns are submitted. These record days fished in a particular area.

1.5 On the 1^st October 2005 the current Byelaw 9 became active. This had the immediate effect of extending vessel size restrictions from the old 3 mile limit out to the 6 mile limit of the District. The Byelaw allows for vessels which had historically fished between the 3 and 6 mile limits, but would now be excluded by size, to be issued with a conditional 'sunset' authorisation. To date over 35 applications for 'sunset' authorisations have been received.

1.6 Under National legislation, seasonal fishing for scallops (Pecten maximus) commenced on 1^st November 2005. This was the first occasion when the Scallop Order 2005 (Wales) became effective. Due to the Order being more restrictive than the corresponding Order applicable in England, there has been much confusion, with much of the industry incorrectly blaming the Committee for over-regulation through the Wales Order.

2.1 Byelaw 12 scallop authorisations have been issued to the owners of 6 vessels which comply with current Byelaw 9 size restrictions.

2.2 Officers have invited those who have held scallop authorisations for large vessels and believe they qualify for a 'sunset' authorisation, to present track records and any other supporting evidence before 31^st March 2006 (in accordance with Byelaw 9).

2.3 Data to be found on catch returns held in this office often does not specifically identify fishing within the District. A request has been made to DEFRA to provide track records from satellite monitoring as an additional source of evidence. Unfortunately even this data will be incomplete since satellite monitoring was not compulsory for all vessels during the Byelaw 9 qualifying period.

2.4 Whilst the focus for 'sunset' authorisations has been on the scalloping fleet, Byelaw 9 applies to all vessels regardless of target species. In order to reach other sectors of the industry, the qualifying dates and final date for applications has been circulated to all Fish Producer Organisations.

2.5 There will almost certainly need to be a working group convened to arbitrate on applications where track record evidence fails to simply satisfy the qualifying criteria.

3.1 At the Joint Committee meeting of 25^th November 2005, the matter of authorising scallop dredging within the Pen Llyn a’r Sarnau SAC was discussed, and minutes of a special meeting of the Scientific and Byelaws Sub-Committee held on 3^rd November were received. This Sub-Committee had recommended that scalloping authorisations for 2005/06 should be issued with the same restrictions as imposed during the previous season, but that there should be further discussions with CCW regarding scalloping with specific parts of the SAC that currently lie within the closed area.

3.2 Since that date, Byelaw 12 authorisations have been issued as agreed. Co-ordinates have been received from the Llyn Peninsula Fishermen’s Association defining an area in Tremadog Bay where scallop stocks exist. The Association contend that scallop dredging could take place in this area without detriment to the SAC.

3.3 The co-ordinates of the area have been passed to CCW, and their formal consultation advice on the implications for the SAC of scallop dredging within this "box" has been sought (see Annex A). Any update on this situation will be reported verbally to the meeting.