The Chief Executive opened the meeting by calling for nominations for Chairman for the year.

Councillor T. R. Glover be reappointed Chairman of the Joint Committee for the forthcoming year.

Item 6. Appointment of Conwy Mussel Fishery Order Licence Sub-Committee. Dr. S. J. Lockwood

Item 7. Appointment of Conwy Mussel Fishery Order Review Group. Dr. S. J. Lockwood.

Item 12. Cockle and Mussel Fisheries Management. To ‘make’ the new Byelaw 5 – Permit Scheme. D. Jewitt, A. Jones, S. J. Lockwood, M. Owen, C. J. Woods.

Item 14. Cockle and Mussel Fisheries Management. D. Jewitt, A. Jones, S. J. Lockwood, M. Owen, C. J. Woods.

Item 15. Seed mussel movements in 2006. D. Jewitt, T. Jones, S. J. Lockwood, K. Mould, M. Owen.

Item 16. Consultations on the management and exploitation of Tope. G. Hancock, A. J. Murphy.

Item 17. DEFRA and NAW proposals for the management of Bass. G. Hancock, A. J. Murphy.

Item 19. Lobster V notching project and DEFRA consultation on Lobster MLS. R. J. Gorman.

Item 20. Fishery Orders: Progress Report. D. Jewitt, A. Jones, M. Owen, C. J. Woods.

Item 23. Gallows Point Marina. T. Jones, K. Mould.

It was unanimously

That Councillor V. K. Riley be reappointed Vice-Chairman (England) of the Joint Committee until the Annual Meeting in 2007.

It was unanimously

That Dr. S. J. Lockwood be reappointed Vice-Chairman (Wales) of the Joint Committee until the Annual Meeting in 2007.

The Chairman introduced the Officer’s report and reminded Members of the membership of this group.

The Chief Executive presented the report proposing the establishment of a Standards Committee and Register of Members’ interests for the Joint Committee. Members were reminded that following previous discussion about ministerial dispensations for Members to speak and vote on Agenda items in which they have an interest, the Committee had agreed to adopt the latest guidance on this dating from April 1997. This did not take account of the latest legislation and standards applied by local authorities and it was being suggested that the Committee should establish a Standards Committee and introduce a Register of Interests form. It was proposed that the Standards Committee would comprise the Chairman’s Working Party Sub-Committee who would be available to discuss matters of standards if this arose.

Councillor Knowles suggested that an independent Member should chair meetings of any Standards Committee rather than the Chairman or Vice-Chairs of the Joint Committee.

With respect to the Register of Interests it was suggested that this should be circulated in its present form and Members invited to complete this. It was further suggested, and agreed, that this should be renewed on an annual basis. Members also agreed that the completed forms and photographs of Members should not be published on the website.

4. That the report be received.

The Chairman invited nominations for membership of the Conwy Mussel Fishery Order Licence Sub-Committee.

The Chairman invited nominations for membership of this Review Group, which had been established in July 2004 to progress the review of the Conwy Fishery Order, which will expire in 2008. Members were advised that Dr. Eric Edwards had stood down as Chair of the Conwy Mussel Development Group and the new Chair was the Vice-Chairman (Wales) Dr. S. J. Lockwood.

2. That the report be received.

The Chairman introduced the Officer’s report and reminded Members that currently the Joint Committee’s representative was the Chairman, with the Vice-Chairs available to deputise if required.

The Chairman introduced the report seeking appointment of Members to represent the Joint Committee at various for a within the District.

With respect to the Traeth Lafan Local Nature Reserve Management Committee Members were advised that Councillors E. Schofield and W. J. Chorlton from Anglesey County Council, who were the Committee’s representatives on this group, had both resigned from the Committee. It was agreed that Councillor H. P. Hughes from Gwynedd County Council be appointed to this group.

In response to a query from Mr. Hamer on the Marine Safety Sub-Committee (North West Region) Members were advised that it was thought that this group no longer met. It was agreed that Mr. Hamer should be appointed to this group if future meetings were convened.

That the proceedings of the Joint Committee held on 19^th May 2006 be approved and signed as a correct record by the Chairman.

There were no matters arising.

The Principal Fishery Officer presented the report providing a final draft of Byelaw 5. This byelaw had previously been made at the May 2006 meeting of the Joint Committee but following comment from DEFRAs Legal Department it had been re-worded to take account of those comments. If it were agreed to make the byelaw at Agenda Item 12, the version made on 19^th May 2006 would need to be revoked. Members were advised that the thrust of the byelaw was the same as the original draft and all applicants for a permit would need to have completed an intertidal safety training course run by the local representative of the Seafish Group Training Association.

Mr. Woods agreed that the byelaw was a step in the right direction but it contained nothing that would have a long term effect on the fishery. He felt that in the long term a Regulating Order was needed.

In response to a question from Councillor Brown as to whether those persons holding a permit could employ others, Members were advised that a permit was only issued to an individual and was non-transferable. The Gangmasters Licensing Authority had included provisions in their licensing standards that permit holders would comply with local SFC byelaws.

The Principal Fishery Officer presented the report which had been prepared to update Members on byelaws that had recently been introduced. It was intended to advertise Byelaw 30 with the new Byelaw 5, which it was hoped should be in force by the early part of 2007.

In response to a query as to how Byelaw 30 would be advertised, Members were advised that this would be done through newspapers, public notices and word of mouth. It would also be advertised on the Committee’s website.

That the report be received.

The Senior Scientific Officer presented the report informing Members of the current levels of cockle and mussel stocks throughout the District and actions taken by Officers to date in order to manage those stocks. Members were advised that surveys had been carried out on all beds in Morecambe Bay and Traeth Lafan. In Morecambe Bay adult stocks of cockles were lower than they had had been for last two or three years. There had been virtually no spatfall in 2004 and in 2005 there had been a widespread settlement, which had not survived the winter very well. The result of this was virtually an entire cockle population of the 2003 year class. A further closure of the beds had been imposed under Byelaw 13A and Members were asked to endorse Officers actions. The only significant area of cockles was at Traeth Lafan where there was a fishable stock of mixed size.

In response to a question on the opening of a cockle bed at Fleetwood in December 2005 which had resulted in those cockles being wiped out, Mr. Cook informed Members that this was a special and different case to most of the beds in Morecambe Bay. There had been a single year class in an area that had not seen cockles before and may not again. Had the cockles been left they would have died of natural causes.

The Senior Scientific Officer reported on seed mussel movements throughout the District in 2006 and Members were asked to enforce Officers’ actions in making effective use of the 2006 mussel spatfall.

Members were advised that dredging for seed mussels in the Morecambe Bay Fishery Order area had been authorised, with the mussels being transferred to the Menai Strait Several Order area.

Other proposed activities included relaying of mussels from Morecambe Bay to Ballast Bank in the eastern Menai Strait for over-wintering, the relaying of mussels from the Morecambe Bay Fishery Order area to an area along the east side of the Walney Channel for the over-wintering of seed mussels, and an application to experimentally relay mussels in the area of the Ring Hole at Morecambe to see if the area was suitable for mussel cultivation. This would require a Byelaw 1 authorisation as a scientific experiment. Officers had also authorised hand-gathering of seed mussels from Heysham Flat Skear which had received a very heavy spatfall this year.

A proposal to remove seed mussel from a bed on the western edge of Traeth Lafan had been received. In view of the likely cockling activity at Traeth Lafan from 1^st September Officers were recommending that the proposal should be deferred and re-determined at a later date.

Mrs. Owen raised concerns that seed mussels were being taken from Morecambe Bay and relayed elsewhere in the District, without benefit accruing to the Morecambe Bay fishermen. Mr. Cook advised Members that the Committee was able to charge a licence fee for dredging within the Morecambe Bay Fishery Order area. The Ring Hole experimental dredging would likely incur personal expense for the applicant and the activity may not be successful.

The Chief Executive presented the report informing Members of the current DEFRA and NAW consultations on the management of tope. The deadline for comments was 20^th October. Members were reminded that Officers had been directed to draft a byelaw for consideration at the December meeting of the Joint Committee. In view of the DEFRA and NAW consultation it was proposed that the Committee should postpone work on this.

Three options were given in the draft consultation letter at Annex A to the report and a number of letters had been received in support of Option 2. The Chief Executive suggested that in order for Members to contribute to a response to this and a number of other consultations and also current scientific issues facing the Committee, a meeting of the Scientific and Byelaws Sub-Committee be arranged to discuss them in further detail.

The Chief Executive reported on Government statements on plans for changes to the MLS and other measures to manage bass fisheries in England and Wales. It was intended to increase the MLS for bass to 40cm and mesh size for nets to 100mm with effect from April 2007. There would be a review of these measures in 2010 and if they were found to be successful a further increase in MLS to 45cm would be implemented. It was felt that the announcement had not fully satisfied either commercial or recreational sectors, who considered the decision to be discriminatory against British interests. Officers felt a bag limit on non-commercial fishermen was essential and suggested that the Committee might wish to introduce a bag limit byelaw if national measures were not forthcoming. Any new regulation would need to be enforceable within the resources currently available.

Mr. Hancock stated that there were a number of statements in the report which may be inaccurate. He had contacted the main national angling organisations and others for their views on the statement in the report that both the recreational sea anglers (RSA) and commercial sectors considered the decision discriminatory. Without exception all had disagreed with that statement. The RSA agreed with the scientific evidence provided that in the main the benefits that will be produced by this measure will accrue to the UK inshore fishermen. The idea that measures should not be implemented because someone should not benefit seemed short-sighted and contrary. Mr. Hancock advised Members that the current UK and European limit of 36cm was originally brought in by the UK and was followed by Europe.

With respect to bag limits, many of the RSA also believe these are essential but not on their own as one measure. Mr. Hancock fully supported the second recommendation but suggested that the Committee should meet with representatives of the commercial sectors, the RSA, other SFCs and Environment Agency in order to come up with a workable byelaw. He asked that his comments be taken into account in the Committee’s response to the consultation.

Mrs. Owen expressed disappointment that the measures were to be implemented at one time. She had understood from DEFRA that these would be phased in and felt that proposed action would likely make the bass fishery in Morecambe Bay non-existent in future. It had been hoped that a dispensation could be given for Morecambe Bay but nothing further had been heard on this.

With respect to the request from NAW that any Welsh decision on changes to bass regulations should be implemented through SFC byelaws, Dr. Lockwood suggested that the Committee should seek an assurance that such byelaws would apply to recreational anglers on boats and ashore equally.

Dr. Atkins suggested that further discussion on this issue was needed before the Committee made any submission to DEFRA. With Members’ agreement it was proposed to defer this matter for discussion by the Scientific and Byelaws Sub-Committee.

2. That the report be received.

The Senior Scientific Officer reported on a renewed proposal for a dredge survey for razor fish in Liverpool Bay. The applicants wished to carry out a limited dredge survey in support of an application for a Several Fishery, similar to the one approved in 2005. Officers had consulted with English Nature over the proposal, who were in agreement with this but wished to have a representative on board to monitor the activity.

Following a discussion it was

2. That the report be received.

The Chief Executive presented the report informing Members of a limited increase in funding for V notching in Wales, DEFRA and NAW decisions not to proceed with a Statutory Instrument to ban the landing of berried hens, and a DEFRA consultation on an increase to the minimum landing size for lobsters.

Dr. Atkins advised Members that support had not been forthcoming from NAW for a new V notching project and the funding for that programme had now been exhausted. Officers had applied to the Welsh European Funding Officer for an extension to the earlier project and additional funding of £20,000 had been approved with a project extension to November 2006.

A consultation paper had now been received from DEFRA in relation to proposals for an increase in MLS from 87mm to 90mm. The deadline for response was 17^th November 2006 and early comments on the consultation had been received from the Committee’s Fishery Officers who preferred the option of an increase in one stage rather than a gradual increase. It was suggested that further discussion on this should be held at the proposed meeting of the Scientific and Byelaws Sub-Committee.

Mr. Gorman agreed with the proposal to increase the minimum landing size of lobsters to 90mm but against setting a maximum landing size. He felt too high a maximum would not benefit the fishery and too low would discriminate.

Following discussion it was

The Chief Executive reported that a start had been made with the development of the Fishery Order work. With respect to Morecambe Bay it was proposed that this should be a Hybrid Order consisting of a Regulating Order for the whole area, with areas set aside as Several Orders within that Regulating Order. The initial priorities would be preparation of contact lists of landowners and other stakeholders and to start the process of consultation.

Members were advised that the Conwy Bay Regulating Order was being progressed by Senior Fishery Officers Greta Hughes and Phil Capper. A draft management plan was in preparation and meetings with stakeholders groups would be held to agree the details of the plan. Dr. Hughes was also progressing the renewal of the Menai Strait (West) Several Order and existing leaseholders and CCW had been consulted over this. Further consultation would be carried out with landowners, environmental interests and stakeholders and a draft management plan was in preparation.

Dr. Atkins reported on the DEFRA consultation on modifications to the 1967 Shellfish Act to improve the operation of Fishery Orders. The deadline for response was 13^th September 2006. The Chief Executive drew Members’ attention to the proposals in Annex A to the report. Officers were supportive of DEFRAs proposals to streamline and modernise the process for establishing Regulating and Several Orders and welcomed consideration of this matter.

In presenting the report on the future of Sea Fisheries Committees in England and Wales the Chief Executive said although he had been pleased with the announcement from Ben Bradshaw on the future of SFCs in England, it was disappointing to note that Ministers had decided not to extend the remit of Committees out to 12 nm. There had not yet been an announcement on arrangements for inshore management of fisheries in Wales from the NAW. Both this SFC and the South Wales SFC had requested a meeting with the Minister and a response was awaited.

Councillor Hughes said he would be talking to his Assembly Member about the question of SFC funding. Councillor Friel advised Members that he had already spoken to his MP on this matter and hoped an argument could be put forward for national funding rather than additional burden being placed on the local authorities.

In response Mr. Hutchings (DEFRA) said as far as the situation in England was concerned SFCS would be retained and modernised. There was a need to establish a robust funding mechanism for Committees and Government was currently working on this. DEFRA wished to work closely with Committees and other stakeholders in getting to that end point and it was important to work in partnership with SFCs and others in working out provisions to be included in the Marine Bill.

Mr. A. Jones informed Members that he had attended meetings of stakeholders groups in Wales that had long desired the establishment of a Committee for Wales. He felt that a lot of the Committee’s enforcement resources were focused on the cockle and mussel fisheries in the North West but pointed out there were also important fisheries in Wales where stock assessments or scientific work had not been carried out recently.

Mr. Hamer raised the question of membership of Liverpool City Council within the Committee and asked when the Committee had last had any communication with that authority.

The Chairman advised Members that when an approach had last been made to Liverpool for a meeting they had declined, stating that the City Council did not propose to change its position on membership of this Committee. It had been his intention to contact Liverpool again with a view to encouraging them to re-join the Committee.

The Chairman brought the discussion to a close by thanking Mr. Hutchings for his comments and it was

The Chief Executive reported that an interim judgement was made in respect of the Judicial Review Application which had raised a number of queries requiring an oral hearing of the evidence. It is understood that this hearing will be held in Cardiff on 5^th October 2006.

The Chairman advised Members that a further report would be submitted to the December meeting of the Joint Committee.

2. That the report be received.

The Chief Executive presented the report on compliance with the Committee’s Health and Safety policy. There were no Health and Safety issues to report since the last meeting.

That the report be received.

The Finance/Admin Officer reported that in previous years the Audit Commission had visited the Committee’s offices to carry out a complete audit. The Audit Commission had now advised of legislative changes to the audit process. Officers were looking into the implications of this and a report would be submitted to the December meeting of the Joint Committee.

Members were asked to approve the Statement of Accounts for the year ended 31^st March 2006 and it was

3. That the report be received.

The Finance/Admin Officer reported that the negative figure shown under Transport related to a very busy period for ‘Aegis’ combined with high fuel prices. Expenditure was otherwise basically in line with expectations.

That the report be received.

The Finance/Admin Officer presented the report informing Members of the proposed Budget for 2007/2008 and proposing an appropriate levy for that year. Members were reminded that the Committee had agreed a five year plan to try to reverse the deficit budgets of previous years and significant increases had been levied on constituent councils in an attempt to achieve that position. The budget was now showing a surplus in Reserves and the Committee was appreciative of the support received from contributing authorities.

Members were advised that this year’s figures should maintain the status quo and the proposed budget allowed for an increase of about 3½% on last year’s figures.

Councillor Friel proposed that the recommendation in the report be amended to direct Officers to approach Liverpool again to propose their inclusion in the levy formula. Dr Atkins reminded Members that Committees were established by Statutory Instrument which defined the percentage of levy each authority should contribute and Liverpool could not be included in the levy at this time.

The Chairman reminded Members that on the last occasion Liverpool had been approached that authority was adamant that it did not wish to re-join the Joint Committee. The Chief Executive suggested that dialogue should be opened with Liverpool City Council in an attempt to provide them with information on the role and responsibilities of the Joint Committee.

Mr. Davies presented the report, which had been prepared to bring Members up to date with the status of the Committee’s motor vehicles, quadracycles and Zodiac inflatable boats.

That the report be received.

The Chief Executive provided a verbal report on the meeting of the Association of Sea Fisheries Committee held on 21^st June 2006, which he had attended along with the two Vice-Chairs. Items discussed had included the ASFC response to the Marine Bill, Admin Penalties and the Bass consultation. The meeting had also discussed preparations for the Annual Statutory meeting with the Minister in the afternoon of that day.

Dr Atkins also provided a verbal report on the Annual Statutory meeting with the Minister. This had been a short meeting at which the Minister had presented the Press Release on the future of Sea Fisheries Committees in England, a copy of which had been provided with Item 22 on today’s Agenda. The Minister had been thanked for his decision to work closely with SFCs and others in the formulation of the modernised powers and remit promised in the Press Release.

The Principal Fishery Officer presented the report on the fisheries of the District and work of the Joint Committee for the period 1^st April 2006 to 31^st July 2006. This had been a busy period with a high level of enforcement. The uncertainty about the future of SFCS had had a demoralising effect on staff.

Councillor Murphy informed Members that he had taken a short trip out on the patrol vessel ‘Aegis’ and had been very impressed with the efficiency of the crew and the way the visit had been handled. He asked that his thanks to Officers and crew be recorded.

That the report be received.

b) Sefton Beach Consultation Group

That under Section 100(A) of the Local Government Act 1972 the public be excluded from the meeting for the following item on the grounds that it involved the likely disclosure of exempt information.

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

The Chairman presented the report on a meeting of the Chairman’s Working Party/Personnel Sub-Committee held on 19^th May 2006.

That the report be received.

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