AT A MEETING OF THE SCIENTIFIC AND BYELAWS SUB-COMMITTEE held at the Deganwy Castle Hotel, Deganwy on Friday, 25th April 2008
PRESENT – MEMBERS OFFICERS
O. J. Roberts (Chairman) S. M. Atkins
R. J. Gorman I. V. Andrews
T. Jones M. R. Boyce
M. J. Kaiser V. Hickin
S. J. Lockwood
K. Mould
R. L. Owen
C. Woods
CHAIRMAN’S ANNOUNCEMENTS
1. Welcome to Visitors
The Chairman welcomed visitor Mrs. Angela Burton, who had arrived during the course of the meeting. He also welcomed Miss Vickie Hickin, Marine Biodiversity Officer to the meeting.
2. Apologies for Absence
Apologies for absence had been received from Councillors J. M. A. Boyle, T. R. Glover, H. P. Hughes, D. T. Knowles, A. J. Markley, D. Owens, W. T. Roberts and E. D. Tew, Mrs. M. R. Owen, and Messrs. D. Jewitt, G. Hancock and A. S. Marklew. An apology for absence was also received from the Committee’s Senior Scientist, Mr. Bill Cook.
3. The Chairman reported that copies of the background paper to Agenda Item 6 had been prepared. The report by V. Hickin on Fisheries and Nature Conservation Issues of the Cockle Fishery in the Welsh District of the North Western and North Wales Sea Fisheries Committee was available from the Clerk.
4. Members were reminded to sign the Register of Attendance as expenses claimed were paid on their signature in the register.
5. The Chairman advised Members that the Chief Executive would provide a verbal update on the Marine Bill at Agenda Item 7. Copies of Parts 6 and 7 (Managing the Marine Fisheries) and Part 8 (Enforcement) had been prepared and were available from the Clerk.
DECLARATIONS OF PECUNIARY AND NON-PECUNIARY INTEREST IN AGENDA ITEMS
Members declared their interest in Agenda items as follows:-
Item 3. Byelaw 5 (Permit to fish for cockles and mussels). Mr. C. Woods.
Item 5. Welsh Scallop Fisheries. Mr. R. J. Gorman.
Item 6. Cockle Management Assessment. Mr. C. Woods.
BYELAW 5 (PERMIT TO FISH FOR COCKLES AND MUSSELS
The Principal Fishery Officer presented the report and reminded Members that the current Byelaw 5 would expire on 31st August 2009. The process of byelaw confirmation took some time and Members’ comments and recommendations were sought on the future of this permit scheme in order for proposals to be submitted to the September meeting of the Joint Committee
Mr. Woods felt that the permit scheme had been successful and should be continued. He highlighted two areas for further consideration, the first being the provision in the byelaw to allow 40 new entrants each year and the second the question of night time fishing. On the question of number of new entrants, Mr. Woods felt that the fishery could not sustain that number of new entrants. Mr. Woods also raised the question of bag returns. South Wales SFC had introduced bag returns, also the NRA for the Dee, and fishermen had been warned that anyone not submitting returns could jeopardise their future entitlement to a permit. Mr. Boyce advised Members that there was a mechanism within the current Byelaw 5 for returns but at present Officers did not wish to impose that condition.
With respect to the question of new entrants it was agreed that Officers would look at the figure of 40 to see if a lower limit was more realistic for the future. Mr. Gorman felt that it was not so much the number of new entrants that was the problem but that genuine fishermen should be able to take advantage of the permits available.
With respect to the issue of night time fishing, Mr. Boyce said although the Committee was able to introduce a ban on night time fishing, enforcement of such a ban would be difficult given the limited resources available to the Committee at present. It was suggested that assistance with enforcement could be enlisted from police authorities with a request for a police helicopter to carry out an overflight of an area using a thermal imaging camera, which could detect the presence of any fishing activity.
Following further discussion it was
RESOLVED
1. That the report be received.
2. That a recommendation be put forward to the September meeting of the Joint Committee for the continuation of the current Byelaw 5.
3. That Officers look into the matters of numbers of new entrants.
MINIMUM LANDING SIZES
The Principal Fishery Officer presented the report advising Members of a weakness in the current legislation on Minimum Landing Sizes and providing options which would rectify that weakness. Members were advised that EU legislation introduced in 1998 listed MLS for many species found in European waters but that the list omitted a number of common species. This Committee, along with other SFCs, had introduced a byelaw to reinstate those species. The EU legislation was written to be applicable to fish transhipped, landed, transported, stored, sold, displayed or offered for sale and Officers had been attempting to establish whether this applied to all fish landed, or only fish landed from a boat. Any MLS listed in byelaws was applicable to both boat and shore fishermen alike. Annexes C, D and E outlined three options for Members’ consideration. Option 1 suggested leaving the situation until plans for the reorganisation of SFCs and draft Marine Bill had been put into effect, Option 2 proposed an amendment to the current Byelaw 19 to enable EU MLS to apply to all fishermen, and Option 3 was to amend Byelaw 19 to additionally include in para 3 all the species listed in the EU regulation which would then apply the MLS to all fishermen.
It was felt that the list was out of date and some of the species listed were not seen within this District. It was agreed that Officers should look at preparing a new list to omit those species not relevant. It was felt that one major omission from the list in Byelaw 19 was skate and rays and it was agreed that these species should be included on the list. Members were advised that both South Wales and Cumbria SFCs already had an MLS and detached wing size limit for skates and rays.
RESOLVED
1. That the report be received.
2. That Option 3, Annex E in the report to amend Byelaw 19 to additionally include in para 3 all the species listed in the EU Regulation be recommended for approval by the Joint Committee
2. That Officers be directed to amend the current list of species to include skates and rays and to remove those species not relevant to this District.
WELSH SCALLOP FISHERIES
The Chief Executive presented the report which considered possible further measures to regulate the scallop fishery in Cardigan Bay.
The Principal Fishery Officer provided some background to the report and advised Members that increased interest in scalloping in Cardigan Bay had been observed from vessels from outside the District that had been displaced following closure of areas in South West England. These were mainly smaller, under 10m boats that were allowed to fish within the 0-3 mile limit. The increased activity had raised concerns from CCW and other conservation interests over potential environmental damage to the area and reports of gear conflict in the Cardigan area had also been received. Officers had taken the decision to close Area 1 in order to address the environmental concerns and the closure would remain in force until 31st May 2008, at which time the national closure would come into force until 1st November. Officers were seeking Members’ comments on whether the closure should be continued in future years.
Mr. Gorman suggested that a closure out to 6 miles south of Bardsey was unlikely to have a detrimental effect on scalloping activity. Scallopers were now working areas not previously worked and clearly defined areas backed up by satellite tracking could help with the problems of gear conflict. Prof. Kaiser advised Members that in the Isle of Man all boats were fitted with VMS but he understood that this could not be used as a prosecution tool. He suggested that Officers ascertain from WAG as to whether any funding was available to fishermen for the purchase of VMS systems. This could also bring benefits to the industry by accreditation.
In response to a question from Dr. Lockwood as to whether the entire District could be closed to scallop fishing, with areas opened on a season by season basis, the Chief Executive advised Members that that would be considered a plan or project which would be subject to an appropriate assessment. Prof. Kaiser suggested that the industry were more likely to adhere to closed areas that had been requested by fishermen themselves. The Isle of Man had introduced a dawn to dusk fishing rule which had precluded a lot of boats from away from coming into the area as they needed to fish for 24 hours in order for the effort to be worthwhile. Prof. Kaiser informed Members that he had carried out some oceanographic studies for the Isle of Man and he could arrange for similar oceanographic modelling of the scalloping area in Cardigan Bay to be carried out if Members felt this would be useful. Dr. Atkins suggested that this could be a further opportunity for an EFF project through WAG. He also reminded Members that one further option for regulating scallop fishing was the possibility of a Regulating Order, which would allow the Committee to limit effort and define qualifying criteria for holding a licence.
Members agreed that there was merit in reviewing restrictions in respect of zoning fishing in Areas 1, 1A, 3 and3A. It was felt that before any restrictions were imposed in Cardigan Bay a meeting with all sectors of the industry was needed in order to get their views on the proposals, following which a draft consultation could be prepared and recommendations made to the Joint Committee.
RESOLVED
1. That the report be received.
2. That Officers be directed to consult with industry and WFFA on the proposals for restrictions in Cardigan Bay.
COCKLE MANAGEMENT ASSESSMENT
The Marine Biodiversity Officer presented the report on the management of the cockle fisheries in Wales. This was the first assessment prepared as part of the work programme agreed with CCW and a similar assessment of the lobster fishery was presently in preparation. Matters for discussion included in the report were the scope for improving cockle fishery management and the suitability of a Regulating Order to address management shortfalls at Traeth Lafan. Miss Hickin advised Members that Traeth Lafan had been selected as a case study to illustrate the main issues and difficulties with the actual experiences of the fishery in recent years. The fishery normally operated at a low level and the main problems related to access and social issues.
One measure that had been suggested for improved management of Traeth Lafan was the creation of a Regulating Order. The Chief Executive advised Members that a provisional offer of grant had been received from CCW, Gwynedd County Council and Conwy County Borough Council which could be used to fund the appointment of an officer to start the process for a Regulating Order. Dr. Atkins felt that Local Authority byelaws prohibiting vehicles from the beach or only allowing fishing from a boat could be more suitable than a Regulating Order, which could take some time to bring in. With respect to the suggestion of local authority byelaws Dr. Lockwood suggested that the problem related more to problems above high water mark rather than to vehicles on the beach and felt there were two issues that needed separate consideration, firstly the merits of pursuing a Regulating Order for the management of the fishery and secondly the question of the situation above high water mark, which a Regulating Order was unlikely to resolve.
Miss Hickin advised Members that access and social problems were not just confined to the car park and CCWs initial concern was that cocklers were not using the defined access route unless enforcement officers were present.
Members agreed that a meeting should be arranged with CCW to discuss the grant offer and how that could be best be progressed. It was suggested that a review was needed of the best way to manage the cockle fishery at Traeth Lafan, following which a decision to proceed with that management of the fishery could be made.
RESOLVED
1. That the report be received.
2. That the Chief Executive be directed to liaise with CCW on the question of grant aid for the management of Traeth Lafan.
ANY OTHER ITEMS
1. Marine Bill
The Chief Executive provided a resume on the draft Marine Bill. This included provision for the creation of a Marine Management Organisation, which would deliver marine functions for England primarily, a simplified licensing system and nature conservation measures including provision for designation of marine conservation zones. The Bill covered reform of migratory and freshwater fisheries, enforcement and admin penalties. The final section was on access to coastal land along the coast of England primarily, which could become a relevant issue with cockling activity at Traeth Lafan. The Bill applied to Wales equally but Wales had the option to create its own mechanisms and frameworks. The Welsh Assembly Government had not yet taken a decision on implementation of the provisions in the Marine Bill and WAG was expected to consult on this following the elections on 1st May.
The deadline for consultation on the Marine Bill was 23rd June and Members were reminded that copies of Parts 6 and 7 (Managing the Marine Fishery) and 8 (Enforcement) were available from the Clerk. It was hoped that the final Bill would go through Parliament in the Queen’s Speech in November 2008, with the vesting date for the new powers likely to be 1st April 2010. With respect to the new title for Committees of Inshore Fisheries and Conservation Authorities Dr. Atkins felt that the inclusion of the conservation aspect in the title was confusing and the duties for conservation in future would not be more onerous or extensive than for other organisations.
The Chief Executive suggested that he should prepare a report with draft comments on the consultation for the June meeting of the Joint Committee. A special meeting to discuss the Bill could be convened if Members wished. Prof. Kaiser suggested that it would be more sensible to produce a report first with any additional comments included later. Comments from all other Committees also could be coordinated and circulated together. Prof. Kaiser requested that comments be circulated for Members’ views as soon as they were available.
RESOLVED
1. That the report be received.
Mussels in the Walney Channel
Mr. Mould advised Members that a large stock of mussels had been observed in the Walney Channel which the industry was keen to fish. He asked whether the matter could be discussed at today’s meeting. The Chief Executive suggested that this matter should be referred for discussion at the June meeting of the Joint Committee and this was agreed.
There being no further business the Chairman thanked Members for attending and declared the meeting closed at 1230 hours.