1.1 Officers have recently responded to a DEFRA consultation on proposals by the E.U. to revise the Technical Conservation Measures (EC 850/98) in an attempt to reduce high levels of discards. It is proposed that most of the common inshore species would no longer be protected by MLS. Whilst this practice may be viable for the offshore fleets, it could be disastrous for inshore nursery areas.

1.2 I therefore believe that it is crucial for MLS to be retained, preferably through byelaw restrictions, which would be applicable to both the commercial and recreational sectors.

1.3 At the June 2008 meeting of the Joint Committee Officers were directed to undertake further consultation on measures to protect skates and rays. To date I have been unable to mediate a consensus view on the merits of an MLS for these species. DEFRA has indicated that as part of the transitional arrangements for the new Inshore Fisheries and Conservation authorities (IFCAs) there will be a moratorium on making byelaws from as early as May 2009. I would therefore suggest that the proposed MLS at Annex B omits skates and rays in order to expedite the making of Byelaw 19.

1.4 Officers fully accept that some of the European MLS need significant modification in order to achieve true conservation status, but advise Members that any changes would require extensive and time consuming consultation with all stakeholders. By maintaining the ‘status quo’ an amended byelaw should attract minimal objection and provide a benchmark for future discussion on the merits of increasing the MLS of certain species.

1.5 A clearly stated byelaw applicable to all fishermen would undoubtedly ease tensions between sectors, remove uncertainty in enforcement capability and show that SFCs can be a lead partner in proactive fisheries management.