1.1 A draft management plan for the proposed Order was discussed at the Scientific and Byelaws meeting on 20 April 2007. Work has progressed to a point where an application for a draft Order could be made in the next two months notwithstanding the Crown Estates consent issue.

2.1 Landowners’ consents: 18 consents have now been received and work is continuing on obtaining the remainder over the next 4-6 weeks. The consent of landowners is a requirement of a draft Order application so it is important that this task is completed as soon as possible. Discussions with DEFRA suggest that Crown Estate Commission’s conditional consent, while problematic, should not be an obstacle in applying for a draft Order although one could not be issued until the matter was resolved. Although now linked with the Gallows Point Marina case officers feel that the initial driver for the Crown in changing the form of consent arose from a desire to make more use of the income potential from fisheries overlying their holdings. The support of local MPs is being sought in lobbying the Crown Estate Commissioners to reconsider their position in light of past difficulties with managing the fisheries in Morecambe Bay. Another landowner, Boughton Estate, has asked informally about ground rent for the use of their land. Boughton claim right of fishery over their holdings but have yet to produce documentary evidence of such and from informal discussions would not wish to try to establish it legally through the courts. It is highly likely however, that we will receive a formal approach from them for payment of some kind. Officers do not consider this to be an unreasonable request per se not least as it might ultimately provide a precedent that could be used in part or whole as a resolution with the Crown estate over their "conditional" consent.

2.2 Consultation: The technical and environmental consultations for the proposal are nearing completion. The response to the questionnaire issued to the fishing community was excellent, confirming that the overall nature and framework for the proposal is generally acceptable and providing a good insight as to which specific measures might avoid or garner objections. Summaries of the responses and comments are attached at Annex A. The Fishery Orders Development Officer will continue a programme of consultations/publicity with other stakeholders and the community at large while an application is pending so that the profile of the Order is maintained at its current high level.

2.3 Budget and funding: It remains unresolved at this stage whether or not set up costs can be clawed back through future income from the Order but officers will continue to press this point when they meet with DEFRA again in a few weeks time. Officers have learnt that the cost of the public inquiry for the Dee Regulating Order will be between £76,000 and £78,000. It should be noted that the nature of the objections received to their proposals has meant that the Environment Agency have not required the services of a barrister at the enquiry. Had the opposite been true then at least another £25,000 would have been necessary to cover the additional costs. It is planned that the Fishery Orders Development Officer will explore sources of external funding to meet the expense of an inquiry while an application for a draft Order is pending but this still remains the largest threat to a successful outcome of the project after the Crown consent issue.