The Senior Scientific Officer presented the report informing Members of recent developments and proposals within the mussel fishery in Morecambe Bay. The largest fishery had been the dredge fishery on the north side of the Bay where approximately 3,000 tonnes of seed had been removed from this area by 3 operators, with 600 tonnes relaid in three plots to the east side of Foulney Island. The relaying seemed to have taken well and the areas would be monitored during the winter.

The hand gathering of seed mussels from Heysham Flat had been successful. There had been some losses due to wind and tide action but it was felt that for a fishery on this scale, thinning out of mussels too dense to survive could naturally enhance the survival of the remaining mussels. Regular monitoring of this area would be carried out during the winter.

Other areas opened for the hand gathering of seed mussels were Black and Perch Scars at Fleetwood. These areas had been fished previously and were not considered to be controversial. This was a more limited resource but a successful fishery had taken place.

A request had been received from industry to open an area on the south western side of Foulney Island for the removal of undersized mussels and that request was the subject of a separate Agenda report.

The Senior Scientific Officer presented the report informing Members of an application to hand gather undersize mussels on the eastern side of the Walney Channel, west of Foulney Twist.

In response to a request from industry a survey was carried out in November which revealed two large areas of seed mussel that were very dense and building up a layer of mud below them. It was likely that they would be swept away by weather and tides during the winter. Consultation had taken place with fishermen on the north side of the Bay, Natural and England and Cumbria Wildlife Trust. It was estimated that the western side comprised some 1,000 tonnes and it was proposed that the area should be thinned out by opening it to fishing by hand gatherers. In the area to the east mussels grew to size and were fished from time to time, and it was proposed that that area, comprising about 400 tonnes of seed should be left. Officers wished to observe both areas to give an indication of mussel behaviour in the area to see if thinning out could be beneficial.

Mr. Cook sought Members’ views on access to the area. The successful spring fishery had specified removal of seed by boat and it was felt that although this was preferable from a conservation point of view, the weather and health and safety aspects of this method needed to be considered. Tractor and trailers and quad bikes could be used, which would provide a single passage. Members agreed that that method of access was appropriate.

Mrs. Owen raised a query about relaying on the south side of the Bay which had previously been agreed would be carried out. Mr. Cook advised Members that at present there was not the capacity to do this but there may be the capacity in 2009. It was suggested that Officers be asked to look into the feasibility of this, with a report back to a future meeting of the Joint Committee.

The Senior Scientific officer presented the report and provided a short slide presentation to indicate the cockle stock situation in Morecambe Bay. It had been agreed at the September meeting of the Joint Committee that all cockle beds in Morecambe Bay should remain closed due to the very low levels of cockles. The last substantial cockles were those from 2003, since then there had been a modest recruitment from the 2006 year class. The 2008 stock of adults was around 20 per sq. metre over the beds and it was felt that cockles may have difficulty breeding at this level.

A meeting had been recently been held with fishermen from the north side of the Bay, following which a letter had been received from the Morecambe Bay Fisherman’s Association requesting that the cockle beds in Morecambe Bay be opened to fishing from December to March. They had suggested limiting the activity to 3 days per week, which they felt would produce a low key fishery that would not harm the total stock and would probably not be financial viable to itinerant fishermen.

Mr. Cook advised Members that the stock was already in poor biological condition. If the beds were to be opened this would constitute a plan or project and an Appropriate Assessment would need to be carried out to ensure that the activity would cause no damage to the EMS. The Committee would have to demonstrate beyond reasonable scientific doubt that there would be no adverse effect on the current site features. Officers’ felt that although there was sympathy with the local fishermen, on biological and nature conservation grounds the closure should continue.

In presenting the report the Chairman reminded Members of the additional correspondence from Mr. Gorman in respect of this item.

The Principal Fishery Officer reminded Members that a temporary closure of Area 1A had been imposed last year following a significant influx of itinerant vessels into the Cardigan Bay fishery due to displacement through the closure of the Lyme Bay and Fal fisheries. Discussions with the Welsh Federation of Fishermen’s Associations had continued throughout the summer and recommendations for restrictions had been received from that Association. These concurred with Officers’ thoughts except for Area 3, which was not a traditional scalloping area, and Officers felt that a temporary closure of that area was not necessary.

It was proposed that a temporary closure from the beach out to 1½ n.m. offshore should be imposed from 1^st January to 31^st May in order to protect lobster, crab and prawn fisheries, also that the closure of Area 3A, which was an area where vessels may prospect for new scallop grounds, should be extended. The Committee would need to review the closures in the event of any large influx of scallopers.

The Senior Scientific Officer presented the report updating Members with developments relating to the shellfish hygiene classification of mussel beds within the Conwy fishery. Mr. Cook reported that in response to letters from the Committee the Environment Agency was carrying out an investigation into water quality. It was also hoped to secure Seafish funding for a much larger scale project to be carried out by a team from the School of Ocean Sciences at Menai Bridge. The proposed project, which would run for two years, would look at historical data for the Conwy catchment, carry out a further intensive monitoring programme and try to develop a rationale to improve the situation. Officers had agreed to provide assistance in kind which could be used as match funding. The Vice-Chair (Wales) had attended a recent meeting of the Steering Group.

Dr. Lockwood reported that at that meeting a representative of Welsh Water had announced that starting in 2010 they would be undertaking a major modelling exercise of water movements within the Conwy estuary in relation to sewage discharge. The representative had not committed that this would explicitly include aspects of the Shellfish Waters and Shellfish Hygiene requirements.

The Chief Executive presented the report updating Members with progress with the reorganisation of SFCs in England and Wales. He reminded Members of the Supplementary Report tabled in respect of this item, which was to report the outcome of a meeting with local authorities in North West England held on 21^st November.

With respect to England Dr. Atkins reported that DEFRA had established an IFCA Implementation Committee which would take advice from all SFCs with regard to assets and resources required for the new IFCAs. The Implementation Committee had reviewed the extent of the work to be done and had taken the decision to delay implementation for one year to 1^st April 2011.

Dr. Atkins reported that the Marine Bill had been included in the Queen’s Speech and he read out an extract from that speech. The Marine Act had had its first reading and would be introduced to parliament in January 2009, moving forward to Royal Assent in late 2009. At the meeting with North West local authorities held on 21^st November various options had been discussed, the preferred option from that meeting being the provision of a single IFCA from the Solway to the Dee. Members were asked to endorse that option. The Chief Officers from Cumbria SFC and NWNWSFC had been asked to jointly prepare a draft outline plan for a new District for the next meeting of that group in February 2009.

Councillor Friel was pleased to note that all local authorities in the new IFCAs would be required to contribute but raised concerns about some of the issues concerning funding and size of these. The reorganisation of SFCs provided an opportunity to seek a reformatted formula for the provision of funding to include central government funding and he felt that government should be made more aware of the work of SFCs. The Chairman reminded Members that the Committee had made the point about funding to government on a number of occasions.

Mr. Woods raised concerns about administration of the Dee estuary. This had always been administered by Environment Agency Wales and no consultation had taken place with industry on the English side of the estuary. A joint Regulating Order was in operation and it was not clear at this stage where the boundary would be. Dr. Lockwood reported that in meetings he had been involved with, the Dee had not yet been discussed as it was still at a level of detail to which the preparation for the changing management structure had not yet been reached. It would be looked at in detail at the appropriate time.

With respect to the development of a new fisheries management structure in Wales the Chief Executive reported that WAG had made the decisions to set up a Welsh fisheries zone and to abolish SFC and manage inshore fisheries ‘in-house’. The Committee’s objectives were to ensure the most effective set up for Wales and to obtain the best terms for transfer for Committee staff in Wales. Two meetings had been held with the new head of WAG Fisheries Policy and staff in Wales had been assured that they would have the option to transfer from the SFC to WAG under the TUPE regulations. WAG had suggested that a member of staff from each of the Committees in Wales could be seconded to work with WAG on this. This would likely involve 2 days a week for a period of 6 months. South Wales SFC had agreed to the involvement of the Deputy Chief Fishery Officer, Mark Stafford, to work with WAG officials, and it was suggested, and agreed, that for this Committee the Principal Fishery Officer, Martyn Boyce, should be the officer seconded to WAG to assist with the reorganisation of fisheries in Wales.

1. That the report be received.

The Chief Executive reported that the appeal had been heard by the Court of Appeal in Cardiff the previous week. A judgement was expected in January, with the possibility that the case could be taken to the House of Lords as a final step, which could mean a further 12 months before a final resolution on the case was received.

That the report be received.

The Chief Executive presented the report and reported that the main issue of concern to staff was the reorganisation of fisheries management in England and Wales. Staff had been invited to meet with the Chairman’s Working Party at a meeting to be held in February 2009 and would have the opportunity to discuss their concerns at that time.

The office move to Carnforth had taken place in October and the improvements were being continued to telephones and IT network. A laboratory for ongoing survey work was currently being installed.

That the report be received.

The Chief Executive presented the financial report as at 30^th September 2008. The overall financial position was within budgeted figures although this did not take account of two major issues which would be reported in the next Financial Report, firstly the move to the new office and secondly the salary settlement for 2008/09 which had now been agreed. Transport costs were running above budget, partly due to the Aegis’ major refit and high fuel costs.

The Chief Executive reported on the meeting of the Association of SFCs held on 24^th September 2008 at which most of the discussion had centred on Marine Bill matters. There was nothing further to report from that meeting.

That the report be received.

(a) Duddon Estuary Consultative Committee

(c) Marine Safety Sub-Committee

There being no further business the Chairman thanked Members for attending and declared the meeting closed at 1235 hours.