I. V. Andrews V. Hickin

M. R. Boyce G. Hughes

W. Cook

Item 5. Update on confirmation of new byelaws. Mr. G. Hancock, Mr. A. Marklew.

Item 6. Dyfi Seed Mussels. Mr. T. Jones.

Item 7. Seed Mussels: Wyre End Skear. Mr. D. Jewitt, Mr. T. Jones, Mrs. M. R. Owen, Mr. C. Woods

Item. 8. Morecambe Bay Cockle Fishery. Mr. D. Jewitt, Mrs. M. R. Owen, Mr. C. Woods.

Item 9. Experimental Cockle Cultivation: Ribble Estuary. Mr. D. Jewitt, Mrs. M. R. Owen, Mr. C. Woods.

Item 10. Razor fishing in Liverpool Bay. Mr. T. Watson

Item 11. Prawn Management. Mr. R. Gorman, Mr. T. Jones

Item 12. Proposed Regulating and Several Order for Morecambe Bay. Mr. D. Jewitt, Mr. T. Jones, Mrs. M. R. Owen, Mr. C. Woods

Item 13. Renewal of Welsh Fishery Orders. Mr. T. Jones, Mr. A. Jones

Item 15. Fishery Officers: Police Liaison Partners. Mr. R. Gorman

Item 16. Future of SFCs in England and Wales. Mr. A. Jones.

Item 19. Windfarm Consultations. Mr. A. Jones, Mr. M. Porter, Mr. T. Watson.

Item 20. Gallows Point Marina. Mr. T. Jones, Mr. R. L. Owen

Item 26. Principal Fishery Officer’s Report. Mr. R. Gorman.

That the proceedings of the Joint Committee held on 8^th December 2006 be approved and signed as a correct record by the Chairman.

The Principal Fishery Officer updated Members on progress with Byelaw 5 (Permit Scheme), Byelaw 30 (Fishing for lobster, crawfish, crab, prawn and whelk) and on a request from DEFRA and WAG for a new byelaw for a bag limit on landing bass.

Members were advised that Byelaw 5 had been confirmed by both DEFRA and WAG and was now in force. Permits had been issued with effect from 1^st February 2007. Byelaw 30 had been confirmed by WAG and was presently awaiting confirmation by DEFRA. It was understood that such confirmation was imminent.

With respect to bass, Members were reminded of the Supplementary Report to this item, which had been tabled. The Chief Executive advised Members of Officers’ concerns that introducing a byelaw which would apply only to those fishing from a boat could be seen as discriminatory and would likely cause enforcement difficulties. A letter from Welsh Assembly Government, shown at Annex A to the Report, directed the Committee to make a byelaw introducing a bag limit, intimating that powers would be found from elsewhere to do so if the Committee was not minded to introduce one. The recommendation in the Supplementary Report was that the Committee did not progress such a byelaw until the expected policy position in England had been clarified.

Dr. Lockwood pointed out that EU legislation must be non-discriminatory and suggested that WAG should be asked for clarification as to why it was unwilling to include shore-based fishing in a byelaw which would be used as a conservation measure. The byelaw would need to be considered by the EU and WAG would need to demonstrate its conservation reasons for treating one sector of the industry differently.

Following further discussion it was

The Senior Scientific Officer presented the report informing Members of further seed mussel harvesting in the Dyfi Estuary. The activity had been authorised in recent years in order to thin out mussels on an existing cockle bed. Recent surveys indicated that although mussels were still present on the bed, they were few in number. It was felt that removal of the mussels had been beneficial and it was hoped that in time the cockle bed could be restored. Officers had consulted with CCW on removal of part of the mussels this winter and following their agreement, authorisations were issued in January 2007. The current authorisations expire on 31^st March but fishermen working the area had requested a one month extension. CCW have raised no objections to this and Officers were recommending that the period of authorisation be extended to 30^th April 2007.

The Senior Scientist presented the report informing Members of an application to gather seed mussels from Wyre End Skear near Fleetwood where the applicant felt that the mussels were in imminent danger of loss through erosion. The area had not previously been used as a seed mussel fishery but full sized mussels had been harvested from time to time. The local Fishery Officer had visited the area and advised that the bed regularly received good spatfalls but suffered heavy losses, usually during the autumn.

Mr. Cook felt that more information was needed on the area in question. It was recommended that the application be refused at this time and that the bed should be monitored over a further year’s cycle to see if there was any change in the situation.

Mrs. Owen advised Members that Wyre End Skear had been fished on a regular basis for a number of years for mature mussels and it was a very good, accessible hand-gathering fishery.

Following a discussion it was

The Senior Scientists presented his report, informing Members of the state of cockle stocks in Morecambe Bay. Surveys of the cockle beds carried out in early 2007 had found that adult stocks remained generally very low and following consultation with the Chair and Vice Chairs, officers had renewed the Byelaw 13A closure on the whole of Morecambe Bay from 1^st March until 30^th April. The seasonal closure under Byelaw 14 would then take effect and it was hoped that this action would result in further good recruitment. The stocks would be monitored during the summer, which would mean the earliest date for consideration of re-opening the beds would be 1^st September.

The Senior Scientific Officer presented the report, informing Members of a proposal to carry out experimental relaying of spat cockles in the Ribble Estuary. The proposal was based on cockle cultivation being carried out in France and the applicant wished to relay 60 tonnes of small cockles, probably from the Thames Estuary, to a site in the Ribble Estuary that was presently devoid of cockles to see how they survived and grew. The applicant would need the agreement of Natural England as the proposed relaying area was within an SPA. Members were advised that the applicant was seeking the Committee’s agreement to use a mechanical device on a one-off basis to harvest the cockles. Officers were recommending a site visit with the applicant and local Fishery Officer to check the suitability of the area. If the proposal appeared viable it was suggested that the operation be authorised, with the mechanical harvesting being authorised under Byelaw 12 rather than Byelaw 1.

Mr. Woods made reference to the fact that the initial project would probably use seed cockles from the Thames. He asked where the applicant would get future stocks of seed cockles if the operation was successful, and if these were likely to come from within Morecambe Bay. Mr. Cook said that although that point was not detailed in the proposal it was felt that the applicant would probably use small cockles from the Ribble.

In response to concerns from Members about safeguards to ensure that slipper limpets were not transported from the Thames to Morecambe Bay, Mr. Cook said he would discuss those concerns with Kent and Essex SFC. In view of the reported infestation of slipper limpets into the Menai Strait, every precaution would be taken to ensure that did not happen in Morecambe Bay.

The Senior Scientific Officer presented the report informing Members of progress with a proposal for a dredge survey for razor fish in Liverpool Bay.

Mr. Cook advised Members that the applicants were now considering an alternative site for the dredge survey from that originally proposed. The chart at Annex A to the report showed the locations of the original site, which was within the Liverpool Bay SPA, and proposed alternative site off the Wirral. The alternative site was being considered following concerns from RSPB about scoter duck within the SPA.

The applicants wished to carry out 30 trial tows, 20 in the Wirral area and 10 in the original area off Southport, with the results of the survey being used to define the most suitable area for a commercial fishery. Members’ views were sought on whether the activity should be authorised, provided agreement with Natural England could be reached.

In response to a question from Dr. Lockwood as to whether CCW should be made aware of the proposals, Mr. Cook advised Members that although the area had been chosen to be outside Welsh territorial seas, the activity would be taking place in an adjacent area and it might perhaps be useful to also seek CCWs views on this proposal.

That the report be received.

The Principal Fishery Officer presented the report, which updated Members on progress in formulating a new byelaw for the management of the prawn fishery in Wales. A number of meetings had been held with industry to ascertain the best method of managing the prawn fishery in Cardigan Bay and around the coast of Anglesey. The Welsh Federation of Fishermen’s Associations had reported on the success of recent trials and was now looking to SFCs to make a byelaw incorporating their findings. Officers felt there was a need to control exploitation of the prawn fishery and it was hoped to submit a draft byelaw for consideration at the scientific and byelaws meeting in April, with the byelaw being made at the June meeting of the Joint Committee.

Mr. Gorman felt that there was general support from industry for the byelaw to include pot mesh restriction and a closed season but the suggestion of a minimum landing size and riddle specifications was not as clear cut. Sorting should be carried out on the sea bed as significant mortality occurred once the prawns were returned to the sea.

Following a discussion it was

The Senior Scientific Officer updated Members on progress made by the Fishery Orders Development Officer with regard to the proposed Regulating and Several Order for Morecambe Bay. The proposal was progressing well and to date 17 consents from landowners had been received. There had been one refusal of consent, from the Roa Island Boat Club, and Mr. Houghton intended to conduct further discussions with that party to try and resolve their concerns. Members were advised that the Crown Estates Commissioners wished to impose a condition that its consent could be withdrawn by giving six months notice if any part of the land affected by the Order was required for any other purpose in the future. Officers felt that this condition was unreasonable and untenable and that any consent by a landowner should be permanent for the duration of the Order. Negotiations to resolve this matter were ongoing between DEFRA and Crown Estates.

Members were advised that Mr. Houghton was delivering a series of public presentations around the Morecambe Bay area and consultation with environmental groups was ongoing through the Environmental Forum. A questionnaire on the proposals had been circulated to Fishermen’s Associations, specific interested parties and all new permit holders seeking their views on the proposals, and fishermen’s responses to date appeared to be line with the Committee’s thinking on this.

Mrs. Owen suggested that Officers should consider the use of an application form similar to that used for the Solway fishery. Mr. Woods felt that the Inland Revenue could be asked for verification that the applicant had completed and submitted the relevant returns to confirm a track record as a professional fisherman.

Members were advised that work to date had incurred few cost implications for the Committee but it was envisaged that to progress beyond the point of a draft Order would probably result in significant outlay associated with advertising and the likelihood of a Public Inquiry being required. Initial enquiries of DEFRA had indicated that it would not be possible to offset such costs from future income from the Order. The Chief Executive suggested there were a number of sources available to the Committee to apply for funding and Officers would investigate those options.

Senior Fishery Officer Greta Hughes presented the report informing Members of progress with the renewal of the Menai Strait (West) Order and Conwy Mussel Fishery Order, both of which were due to expire in 2008. Management plans for both Orders had been drafted and the first drafts were shown at Annex A to the report.

Dr. Hughes advised Members that she had written to Crown Estates, the main landowners for the Menai Strait (West) Order, seeking their consent to the new Order. There were essentially few changes to this Order and it was felt the application should be relatively straightforward.

With respect to the Conwy Mussel Fishery Order, Members were advised that it was intended to apply for a Hybrid Order. The Crown Estates owned most of the Order area and their consent to the new Order had been sought. There were also 31 householders who owned part of the seabed extending down to mean low water in the vicinity of their property and Officers had written to all those householders seeking their consent.

The Chairman thanked SFO Hughes for the research and work carried out to date on renewal of these Orders and it was

That the report be received.

The Senior Scientist introduced Vickie Hickin, who had recently taken up the post of Marine Biodiversity Officer to replace Ingrid Iredale.

The Marine Biodiversity Officer contract, which was aided by a grant from CCW, expired in February 2007. Following application to CCW for an extension of grant for up to four years, confirmation had been received that they would continue to fund the post for at least one further year. Miss Hickin had made excellent progress with the draft management assessments for the lobster and cockle fisheries in the Welsh part of the District. Other work to be carried out by Miss Hickin included preparation of assessments for the scallop fishery and green crab fishery in the Welsh part of the district. A further grant of £8,000 had been obtained from CCW for the analysis of lobster CPUE data. Catch data for over 10,000 lobsters had been collected by Ingrid Iredale for the lobster V notching project and agreement had been reached with CEFAS for that data to be analysed and, where possible, compared with historical records.

The Chairman proposed Members’ thanks to Miss Hickin on the work carried out by her to date and it was

That the report be received.

The Chief Executive advised Members that following consultation with Members on draft Agenda items, Mr. Robbie Gorman had raised this item.

Mr. Gorman said the item had been raised a number of years ago. He felt it could be useful for each Fishery Officer to have a Police Liaison Officer in their area who was aware of the background and hazards of fishing activity in their area and who would be available to assist Fishery Officers in the event of any incident requiring police assistance.

The Principal Fishery Officer said the concept of Police Liaison Officers was welcomed. Officers had close liaison with police in the northern part of the District and Gwynedd had a Wildlife Crime Officer. It was agreed that Officers would further investigate the concept of Police Liaison Officer.

That Officers be directed to further investigate the concept of Police Liaison Officers working with the Committee’s Fishery Officers.

Dr. Atkins presented the report, which outlined developments and plans by DEFRA and WAG on the future of SFCs in England and Wales since the last meeting of the Joint Committee. The DEFRA White Paper was to be published at a launch event on 15^th March in London and there would likely be a three month consultation period. Members would be circulated with the relevant sections and Officers would prepare a response for discussion and approval at the June meeting of the Joint Committee. It was pleasing to note that the Bill appeared to contain all the main issues requested by the Association of Sea Fisheries Committees over the past few years.

With respect to the situation in Wales, the expected consultation paper on the future of SFCs had not yet been published and with the forthcoming elections in May it was unlikely that any consultation would take place before the summer of 2007. Welsh politicians had continued to show an interest in the work of the committee and a number of Welsh AMs had received briefings and visited FPV ‘Aegis’

That the report be received.

Dr. Atkins presented the report on DEFRA’s consultation on Fisheries 2027 and the proposed Committee response. The document, which had been widely circulated, did not appear to contain anything controversial and the draft response had been prepared on that basis. Dr. Atkins suggested that the comments about the Common Fisheries Policy in the draft response should perhaps be strengthened. If Members had any further comments they wished to be included in the response they should send these to the Lancaster office by the end of March.

The Chief Executive presented the report informing Members of a 50 page green paper which had been published in June 2006, with the consultation period ending on 30^th June 2007. There was very little concerning fisheries in the document, which talked mainly about recreation and marine spatial planning. The Chief Executive had prepared a draft response to the consultation, shown at Annex A to the report. If any Member wished to receive a copy of the report they should contact the office. Any further comments to be included in the response should be received at the office no later than 31^st March.

Mr. A. Jones made reference to the Kent & Essex SFC tabled motion of a vote of no confidence in the Common Fisheries Policy and asked whether this Committee supported the idea of national control again for British Waters. Dr. Atkins suggested that it would not be an easy task to withdraw from the CFP in the 6-12 mile area as proposed by WAG for Welsh waters.

The Chief Executive updated Members on wind farm developments within the District. With respect to the Barrow offshore wind farm development, fishermen from Fleetwood and Barrow had engaged legal advisers to assist in seeking compensation for loss of fishing grounds in the Barrow area as a result of that development. Dr. Atkins had compiled a witness statement, assisted by SFO S. Brown, showing the extent to which this area was a valuable fishing ground for fishermen from Fleetwood and Barrow before the wind farm was constructed.

With respect to the Cirrus Shell Flats wind farm, Members were advised that the proposed location of this development had changed following representations from Natural England, based on possible impacts on Scoter Duck in Liverpool Bay. The new location was closer to Fleetwood than the original and was also situated on much more important fishing grounds. Officers felt that the Committee should submit an objection to the development and a suggested wording was shown at Annex C to the report. Members’ agreement to this course of action was sought.

1. That the report be received.

2. That the witness statement for the Barrow wind farm be approved.

3. That the objection to the Shell Flats proposal be approved.

The Chief Executive presented the report updating Members on the renewed threat of legal action by Anglesey County Council. The Supplementary Annex C detailed grounds in support of the Judicial Review claim, which had been brought by the claimants. Members were informed that the application for a Judicial Review against the decision to grant the FEPA licence had been granted upon appeal and the Judicial Review would be heard probably in late 2007. Anglesey County Council had subsequently issued a Letter before Action in relation to a proposed claim for declaratory relief setting out new grounds for action against the mussel industry, which had not been put forward in the original intention to take Declaratory Proceedings received in December 2005.

Officers had sought legal advice on the Letter before Action from the solicitors acting for the Committee in this case. That advice suggested that the Committee should continue to resist any proceedings taken by Anglesey County Council, and further suggested that it was the duty of the public bodies concerned to resolve the matter and clarify the issue for future reference. Following receipt of the legal advice, the solicitors had sent the letter, shown at Annex B to the report, to Anglesey County Council authority on behalf of the Committee and the mussel consortium respondents.

Following a discussion it was

The Chief Executive presented the report updating Members on recent staff changes. Senior Fishery Officer Keith Stone had retired in February 2007 after six years’ service with the Joint Committee. Mr. Asa Owen had been appointed to replace Mr. Stone as Fishery Officer for the Southern part of the District.

Miss Vickie Hickin had taken up the post of Marine Biodiversity Officer following the departure of Miss Ingrid Iredale. The contract for that post ended in February 2007 and it was hoped that the funding would become available from CCW to extend the period of the post.

The Chief Executive advised Members that no major health and safety issues had arisen since the previous review in November 2006. A review of task risk assessments in respect of some of the boarding practices on ‘Aegis’ had been completed and were now in place. An injury at work claim against the Committee had now been settled.

Mr. Davies informed Members that NatWest had advised that it was replacing its present BACS system with an Internet-driven process. The bank required an authority, with three signatories, to enable him to continue with the day to day operation of the Committee’s financial affairs. Members’ authority for signatories to the NatWest mandate form was sought.

The Finance/Admin Officer presented the report providing Members with an up to date summary of the Committee’s financial situation. Mr. Davies reported that there was little change to the report presented to the December meeting of the Joint Committee and expenditure was likely to be within budget for the last month of the financial year.

The Finance/Admin Officer reported that six months’ notice to vacate the Lancaster Officer premises had been received. Officers were exploring the possibility of negotiating an extension to that notice with Lancaster University but were also looking for new premises. The rent for the current premises was quite reasonable but replacement officer accommodation in the area may prove more costly. The report had been prepared to alert Members to the fact that budget heads might need to be increased during the next financial year.

The Principal Fishery Officer introduced the report on the sea fisheries of the District and the work of the Joint Committee for the period 1^st November 2006 to 31^st January 2007. Fishing activity during the quarter had been low due to severe weather conditions and the natural winter fishing. The report highlighted the poor media coverage that the Committee had suffered over the last few months, particularly with regard to shellfishing. CCW had requested the closure of the cockle fishery on Traeth Lafan and a multi-agency meeting had been held to try and work out a way forward that was acceptable to all parties. The alleged over-exploitation of green crab in the Menai Strait by the mussel industry was a Welsh Assembly Government issue at present, with an alleged subsequent decline in green crab available for bait collectors. CCW were carrying out a basic desk study to ascertain if there was a national decline in green crab for bait. Misinformation had also been provided to the press stating that the Committee’s new Byelaw 30 would restrict the taking of shore crabs by children. Officers were actively clarifying the confusion created by those who wished to denigrate any new proactive management measures.

Mr. Gorman raised two points in respect of the report from the SFO for the Llyn Peninsula, firstly the report of unprecedented quantities of live scallops being washed ashore at Abersoch and Pwllheli. He said these were a good source of scallops that needed to be fished but were not allowed to be exploited. His second point concerned the report of an Aberystwyth crabber encroaching on the Llyn fishermen’s grounds using what they felt to be unacceptable large numbers of pots on a string. Mr. Gorman informed Members that the report referred to his own boat which was being worked by his son. He said that the activity had taken place legally and ethically in an area where no other fishing activity was taking place. He asked where the original complaints had originated and suggested that a way forward on this would be to try to get fishermen together to discuss ways of resolving the matter.

With respect to the report from the SFO Central Area on angling, Mr. Marklew raised concerns about restrictions on access at Wirral for beach-launched angling boats. Members were advised that Officers had written to Wirral Metropolitan Borough Council asking them to provide details of any byelaws relating to such restrictions but to date no response had been received.

Mr. Woods raised the question of cockling at Traeth Lafan and thanked the Committee for its support to the fishermen in keeping the fishery open. Only 30 people were presently working the fishery and no sign of erosion of the spat settlement through continuous fishing had been observed.

That the report be received.

The Chief Executive provided a verbal report on a meeting of the Association of Sea Fisheries Committees held on 10^th January 2007. Items discussed at that meeting had included the Marine Bill; a Cross Government review on implementation of EU legislation; implementation of the NERC Act; brown crab proposals from DEFRA; and wind farm consultations. The GLA had made a presentation on the health and safety guidelines on safe working in estuaries.