Report by the Chief Executive, Senior Scientist and Fishery Orders Development Officer.

1. To inform Members of progress towards a Regulating Order for Morecambe Bay and with renewal of the Conwy and Menai West Fishery orders.

1. That progress with the applications for draft Orders be noted.

1.1 The existing Morecambe Bay Regulating Order for the management of mussels on South America Skear expires in January 2009.

1.2 The appointment of a Fishery Orders Development Officer from July 2006 was primarily intended to progress work on applying for and implementing a new Regulating Order under the Sea Fisheries (Shellfish) Act 1967 to manage all shell fishing in Morecambe Bay.

1.3 Initially, the process involves obtaining landowners consent to the proposal, informal consultation with stakeholders and drawing up a management plan so that an application can be made through DEFRA for a draft Order.

1.4 Once the draft Order has been obtained a period of formal consultation follows which is likely to include a Public Inquiry. If no objections are upheld then the Order will be approved and come into force.

1.5 Landowners consents: A briefing paper was prepared to inform landowners of the proposed FO. This is attached at Annex A. At the time of writing, consent has been received from around one third of the 30 landowners identified and it is expected that majority of consents will be obtained by the end of 2006.

1.6 Consultations: Informal consultations have commenced with a number of stakeholders. It is intended that the fishing community will be consulted in depth over the next few months through the various representative bodies in the Morecambe Bay area. The consultation process will not stop with the application for a draft Order and a number of avenues are being explored regarding the ongoing communication of developments to stakeholders. Maintaining and building on the widespread support that has been received is considered a key aspect in achieving a successful outcome from the work.

1.7 The role of Defra: Discussions with DEFRA regarding the technical and legal aspects of the application are ongoing. Initial impressions are that there is currently a will within DEFRA to actively promote and assist with applications for Regulating Orders that perhaps has not previously been apparent. A meeting has been arranged with DEFRA with a view to exploiting this current enthusiasm to the benefit of the Order.

1.8 The Management Plan: Work on a management plan will commence in earnest in January with a small working party made up of representatives of the Committee, Natural England and the RSPB looking at the scientific and environmental aspects. At the same time, Committee Officers will consider the technical management issues in consultation with the industry.

1.9 Whilst considerable work remains, it is not felt that there are currently any significant threats to a successful application for an Order.

2.1 Applications for the renewal of these orders are being prepared in parallel by SFO Dr Greta Hughes. First draft application forms are attached at Annex B for information. All the landowners and existing licence and leaseholders have been contacted and meetings with key stakeholders were planned for 22 November. Any outcomes from these meetings will be reported verbally at the Committee on 8 December. Much further work requires to be done to complete these applications.

2.2 Sub-Committees of the Joint Committee are being set up to monitor and oversee the renewal of these 2 Orders. Representation will included members from the relevant Local Authorities, Government appointees with specialist expertise and other key stakeholders.

STEPHEN ATKINS

Chief Executive

BILL COOK

Senior Scientist

BOB HOUGHTON

Fishery Orders Development Officer

21 November 2006

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