The byelaw had been sent to DEFRA/WAG for comment.

The Principal Fishery Officer introduced the report informing Members of the proposal to strengthen protective measures already in existence for an area of seabed off the North Llyn coast in order to protect sensitive reef structures and horse mussel. There was no historical evidence of use of bottom towed gear in the designated area and the byelaw would not impinge on any fishing activity.

Mr. O. J. Roberts informed Members that trawling was carried out in the area every summer and he wished to record his objection to the proposed byelaw.

The Chief Executive pointed out that the September meeting of the Joint Committee had agreed to make this byelaw. Standing Orders did not allow resolutions made within the preceding six months to be rescinded.

Mr. Gorman asked whether it was necessary for such a large area to be closed to bottom towed fishing gear and suggested that if the reef was a localised one, a smaller, more precise area of closure might be appropriate.

Mrs. Owen voiced her concern about the possibility of trawling activity in the area and felt that Members could not be asked to agree proposals on which full information had not been made available.

Dr. Atkins reiterated the point that the Committee had no historical record of trawling activity in that area in recent years. If that were not correct, the most opportune time for fishermen to bring forward evidence in support of their argument would be at the public consultation stage following advertisement. If fishermen produced evidence that the area was an important trawling area that would likely constitute a significant objection to the byelaw, which Ministers would expect to be resolved before consideration was given to confirmation of the byelaw.

Following further discussion a vote was taken

11 for, 6 against, 3 abstentions and it was

The byelaw had been sent to DEFRA/WAG for comment.

The Principal Fishery Officer, Mr. Boyce, provided a verbal update on the proposal to introduce a byelaw for the management of the prawn fishery on the Welsh coast. A number of meetings had recently been held with fishermen’s associations and the industry in order to agree a draft byelaw that would include elements acceptable to all parts of the industry. No agreement on this could be reached and it had been agreed that the proposal should be put on hold pending further negotiations with industry.

Following a discussion

The Principal Fishery Officer reported that the weather had had a detrimental effect on fishing over the last quarter. Vessel landings had been reasonable but prices remained static. With the large overheads faced by fishermen their returns were diminishing.

The main focus of attention over the last quarter had been the cockle fishery, which had taken place primarily on the north side of Morecambe Bay. The new permit scheme had considerably reduced the numbers working throughout the District. Officers were working with GLA to identify those fishing without permits and evidence had been gathered in order to take those cases forward. The Joint Committee also had a prosecution pending. Reports had appeared in the media of uncontrolled fishing and of children being used for cockling. One such incidence involving children was seen and reported to the relevant authority. It was felt that the multi-agency approach was working well and the Committee’s Fishery Officers had policed the activity as often as possible.

Mrs. Owen felt that the resources put into the first two or three weeks of September was too high. Since that time enforcement had been reduced and the situation had worsened, reverting to a similar situation to that of 2004. Mr. Woods endorsed those comments and suggested that the main emphasis had been on checking permits rather than on management of the beds. He felt that the report gave an inaccurate picture of the situation, making reference to the fact that the permit scheme had worked, which was not the case. Mr. Woods said he was unable to accept the report and asked that his observations be recorded.

Dr. Hodgson suggested that a fresh approach was required to the way the issue was being tackled. He felt that a harder line approach with stronger enforcement on the ground and prosecutions being seen to be taken would send out a stronger message.

Some discussion was held on GLA licences and the working of those licences. Dr. Atkins advised Members that the GLA did have prosecutions pending but the process was frustratingly slow. The GLA had backed up the Committee’s Fishery Officers in a positive way and the multi-agency approach had eliminated a large amount of criminal activity. The permit scheme had achieved a significant amount since its implementation and the track record from that scheme would provide the first criterion in qualification for a licence under the proposed new Regulating Order for Morecambe Bay.

In response to a question from Mr. Marklew on the possible prosecution for an angling offence given in the report from the SFO North Wales area, the Principal Fishery Officer informed Members that this was for the taking of undersized bass in North Wales. A court date of 10^th January 2008 for the hearing had now been set.

The Chairman brought the discussion to a close by proposing a vote on acceptance of the report, taking into account dissentions and observations made by Members and following a vote of 10 in favour, 6 against it was

That the report be received, taking into account Members’ observations today.

The Senior Scientist, Mr. Cook, updated Members on the status of cockle stocks in Morecambe Bay. Before the closed season expired on 31^st August 2007 all the accessible beds had been surveyed. The breeding stock at that time was of just a one year class that had settled in 2006 but signs of a respectable 2007 spatfall had been seen on most beds.

Beds from Flookburgh to Pilling Sands had been surveyed during late November and early December and Mr. Cook illustrated the stock situation by means of a slide presentation. A fairly intensive fishery had taken place at Flookburgh with some limited fishing activity being carried out at Pilling. The beds at Aldingham and Rampside were unclassified and the stocks there were very low. Leven Island was now accessible to fishermen but again the bed was unclassified. The 2007 spat settlement was greatly reduced and this had occurred on all beds irrespective of whether or not fishing activity had taken place. 2006 was now the sustaining year class and numbers of that year class were falling on both fished and unfished beds, however it was felt that a limited amount of fishing could be sustained until Christmas. If significant fishing activity took place after Christmas it could be necessary to close beds in order to conserve broodstock. The problem was compounded on all beds by significant oystercatcher predation. Members were reminded that Officers, in consultation with the Chair and Vice-Chairs of the Joint Committee, had powers to close beds if such action was required.

Mr Cook reported on a request to transport cockles from Morecambe Bay into the estuary at Ravenglass. The intention was to remove some 200kg of cockles by hand-gathering and relay them at Ravenglass as a cultivation trial.

It was suggested that as a one-off trial the proposal should be supported and following a discussion it was

The Senior Scientist reported on progress in the development of a fishery for razor clams in Liverpool Bay. Members were advised that the applicants would be submitting an application to DEFRA for a Several fishery off the Wirral coast. The designated area was a proposed SPA for birds and the nature conservation agencies would not agree to an unrestricted fishery in an SPA. The Committee’s Byelaw 12 did not allow for effort limitation but it was felt that a sustainable fishery was possible if a Several Order was created. Members were alerted to the fact that the Committee would be a statutory consultee under any consultation process on any such Several Order application.

Dr. Hodgson informed Members that sand and aggregate dredging activity was taking place in Liverpool Bay and asked if the applicant knew of that activity. Mr. Cook said he did not know whether that activity had been taken into account.

1. That the report be received.

The Senior Scientist presented the report, alerting Members to problems with classification at Conwy. In October 2007 Conwy County Borough Council had notified the Committee of a possible downgrade of the Scabs, Green Island and Morfa beds. Notification had since been received that Scabs had been downgraded to a seasonal classification. Of greater concern was the possible downgrade of the Green Island and Morfa beds, which could have serious implications for the Conwy mussel fishery over the winter period. The cause of the poor results, which had been obtained during the last summer, were unclear but could perhaps, be due to human sewage, agricultural run-off or from birds. It was an ongoing problem with no pattern to it.

The water quality in the Conwy Estuary had been discussed at a meeting of the Conwy Mussel Management Group in October at which an Environment Agency representative was present. The Management Group had agreed to write to the Environment Agency expressing its concern at the situation.

Mr. Cook had also explained the situation and implications for the Conwy mussel fishery to the Conwy Harbour Advisory Committee in November. That Committee had agreed to raise the matter with Conwy County Borough Council.

Dr. Hodgson reported that a Clwyd and Conwy Rivers Trust had been introduced over the last 12 months and a project list was currently being developed to consider improvements to the environment, habitats and fisheries of those two river catchments. It was hoped European funding could be secured for the projects and Dr. Hodgson felt there could be an opportunity for joint working to develop a project to look further into the question of contamination in the Conwy system as outlined in the Officer’s report.

The Chief Executive presented the report on the DEFRA consultation on administrative penalties for fishermen. The consultation proposed that the scheme should initially apply to those offences under the Common Fisheries Policy and it is not felt at this stage that it would affect the Committee’s Fishery Officers to any great extent. The deadline for responses was 15^th February 2008 and it was suggested that the Association of Sea Fisheries Committees be asked to draft a combined response in the first instance. The response would be circulated to Members for comments before submission to DEFRA. The Committee could submit its own additional response if it were felt that the ASFC response was inadequate.

The Chief Executive introduced the report and advised Members that no health and safety incidents had been recorded since the policy was last reviewed. Officers had identified a requirement to review the risk assessment for lone working in intertidal areas and that review would be carried out as soon as possible.

With respect to FPV ‘Aegis’ Members were informed that the electrical system was presently causing some concern, also Caterpillar, the engine manufacturers, had advised an earlier reconditioning of the engines than had been expected. Estimates for carrying out the works had been obtained from yards at Glasson Dock and Pwllheli. An estimate for the reconditioning of the engines had been received from Caterpillar and Member Mr. Kim Mould was obtaining a further quote.

Following some discussion it was

The Chief Executive presented the report informing Members of the response from Liverpool City Council to the invitation to take up membership of the Joint Committee.

Members expressed disappointment in the response and hoped that the Marine Bill would include new legislation to enable all coastal councils in England, which are not currently members of SFCs, to be made statutory members of the new Committees.

In presenting the report the Chief Executive reminded Members of the two parallel legal actions which were continuing. A case management conference had been called on 3^rd October 2007 to decide how best to hear the case. The outcome of that conference was that the two cases would be heard together in full. The five-day Administrative High Court hearing would start on 3^rd March 2008, probably in Llangefni or Caernarfon. The Committee’s legal advisers had requested a witness statement, stating the importance of the Fishery Order and how the Committee, as grantee, operated the Order. With Members’ permission Dr. Atkins would prepare the witness statement for immediate submission.

Councillor Owen asked for it to be noted that he took no part in the discussion in this item.

The Chief Executive introduced the report, which provided Members with an up to date summary of the Committee’s financial situation. The Transport heading was continuing to run outside predicted levels due to the necessary repairs to ‘Aegis’ earlier in the year. All other heads were running within budget.

1. That the report be received.

Dr. Atkins reported on the Annual General Meeting of the Association of SFCs held on 26^th September. George Traves of the North Eastern Sea Fisheries Committees was elected Chairman of the Association with David Muirhead, former Chairman, as Vice-Chairman. Items discussed had included the Local Government Association’s Special Interest Group on Coastal Issues and the SAGB Shellfish Strategy, which had been published and was now starting to be implemented. Dr. Tom Pickerell had given a presentation on the strategy.

Dates of meetings for the Association of SFC for 2008 were agreed as 23^rd January, 9^th April, 11^th June and 24^th September.

Mr. Gorman reminded Members that minutes from the ASFC meetings used to be provided with the papers for Joint Committee meetings but this was no longer the case. It was agreed to send copies of minutes of ASFC meetings to Mr. Gorman and any other Members interested in receiving these in future.

The Chief Executive presented the report and it was

                (a) Duddon Estuary Consultative Committee

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

                (d) Environment Agency (Wales) FERAC

2. SFIA funding for Group Training Associations

1. 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.

2. The following is a summary of the proceedings following the above resolution.

270 REPORT ON MEETING OF CHAIRMAN’S WORKING PARTY/PERSONNEL SUB-COMMITTEE HELD ON 13^TH NOVEMBER 2007

The Chairman took Members through the report of the Chairman’s Working Party Sub-Committee held on 13^th November 2007. Items discussed at that meeting had included Financial Audit and Control system, FPV ‘Aegis’ and staffing matters, and the proposed Byelaws 20, 21 and 22, which had been discussed earlier in today’s meeting.

Mr. Gorman raised concerns about changes to the status and frequency of Scientific and Byelaws Sub-Committee meetings. Minister appointed Members no longer had the opportunity to discuss byelaws and other fisheries issues in depth and he felt the change was a retrograde step. He asked if the Committee could consider reconstituting that Sub-Committee. Mr. Woods endorsed those comments.

The Chairman assured Members that meetings to discuss such matters of concern could be called at any time. If Members wished, they could raise this issue at the Technical Sub-Committee meeting to be held on 25^th January 2008.

1. That the report be received.

2. There being no further business the Chairman thanked Members for attending and declared the meeting closed at 1300 hours.