1.1 In June, inspections revealed an area of seed mussel on The Neckings bed at Fleetwood. Most of the stock was lying loose on a layer of mussel mud and consequently vulnerable to erosion. A request was received from the industry to dredge the stock by boat as the bed cannot be effectively fished by hand.

1.2 After consultation with Natural England, NW&NWSFC officers arranged for authorisations under byelaws 12 & 15 to be issued effective from the 10^th July 2009 for a period of three weeks.

1.3 Unfortunately, natural processes intervened and most of the stock was lost to weather on the eve of the opening. Only one return amounting to 50t was received from the three authorisations before they expired on 31^st July 2009.

2.1 It became apparent from officers’ observations some time ago, that Heysham Flat had been subject to another dense and widespread settlement of mussels. Inspections by scientific staff in August indicated that this stock, as has happened regularly in recent years, could again provide the basis of a fishery.

2.2 Officers have therefore consulted with the industry and other interested parties with a view to opening an area in the south western half of the skear (see Annex A) for the hand gathering of undersize mussels. The provisional dates are from 16^th September 2009 to 30^th November 2009. As last year there will be no weekend fishing and access to and from the fishery will be via the Battery car park only.

2.3 The main considerations in setting the temporal and spatial constraints for the fishery were the effects on the local community and visiting public together with ensuring the protection of the Sabellaria (Honeycomb worm) reefs.

2.4 Once again a multi-agency approach will be taken in respect of enforcement of the various aspects of the fishery with NW&NWSFC officers leading on fishery and seaward side matters and Lancaster City Council coordinating landward issues.

2.5 The opening is subject to the Appropriate Assessment procedure but as this fishery is now becoming a regular annual event and ecological factors are similar to previous years, officers do not think there will be any reason for their assessment of the impacts on the integrity of European Marine Site to be challenged.

3.1 Some spring settlement has occurred in this area but this is much less extensive and dense as that which occurred in 2008.

3.2 Officers had noted a late settlement in 2008 and it would appear that this has grown through to fill the patches thinned out by erosion and fishing in the two areas of seed that were identified in surveys and reports last year. As a result these areas now contain a considerable stock of undersize mussels (15-30mm shell length) lying on thick mud. In parts these are becoming unstable and being eroded in much the same way as in 2008. As a result, it is expected that applications will be received to gather undersize mussels by hand in these areas and this is the subject of a separate report to this meeting.

3.3 Scientific staff also conducted an inspection of the areas that had been relaid by the dredgers in autumn 2008 and found little change in the state of the mussels there from that reported to Members in agenda item no. 9 at the meeting of 13^th March 2009.