To advise Members of the ongoing consultations and proposals for managing the 2008/2009 scallop season.

1.1 At the June 2008 meeting of the Joint Committee, Officers reported on various options for managing the forthcoming season. Over the last two months, Officers have continued to discuss the issue with industry representatives, but as yet have achieved no comprehensive plan.

1.2 Existing legislation in the form of the Scallop Order (Wales) 2005 provides a degree of management but falls short of being able to directly influence the level of fishing activity in the inshore zone. Committee Byelaws 9 and 20 provide generic management, leaving Byelaw 12 to provide the detailed regulation. Byelaws cannot restrict the number of vessels (the ‘effort’), which is a major flaw in any fisheries management plan, particularly when a greater part of the fishery lies within an SAC.

1.3 Any management plan for 2008/2009 must also be read against the background of restrictions imposed through the Lyme Bay Scallop Order 2008 which has highlighted the delicate balance between fishing methods and environmental sensitivities. It is therefore important that all avenues are carefully explored in order to avoid the precipitation of large scale permanent closures of prime fishing grounds by Government in response to environmental concerns.

1.4 The Welsh Federation of Fisherman’s Associations (WFFA) has been holding consultation meetings with its members in an attempt to distil consensus recommendations for future management. I had hoped that these recommendations would form the basis of Officer discussions and firm recommendations for management intervention. To date no recommendations have been received.

1.5 FPV ‘Aegis’ has been tasked to provide scientific data through RoxAnn surveying in order to inform Officer recommendations for management intervention. At the time of writing I would suggest that a closure during the 2008/2009 season, of the area inside the 3 mile limit (Areas 1A, 2A and 3A shown on the map at Annex A), is probably the best way in which the Committee can discharge its short term environmental obligations. Any such closure would be subject to periodic review in order to maximise fishing potential whilst protecting environmental sensitivities.

1.6 Improved vessel monitoring using modern communications technology could provide a mechanism for permitting fishing in parts of sensitive areas with the agreement of the environmental sector. I have been unable to fully research and set up a vessel monitoring programme that could be active from 1^st November 2008. Therefore any management intervention under Byelaw 12 will necessarily be unrefined, and based on prohibiting fishing in contiguous designated areas. It would be helpful to know if the scalloping sector would be willing go purchase and install an accurate vessel monitoring system.

1.7 In order to ascertain the views of the industry, I am consulting with them over the next three weeks, before meeting with WAG (Fisheries) and South Wales SFC at the end of September to discuss the pooling of enforcement resources in order to carry out any implementation plan. Officers will therefore be bringing detailed recommendations to the December 2008 meeting of the Joint Committee and seeking endorsement of those management actions at that time.