1.1 This year has seen an unprecedented spatfall of mussels in Morecambe Bay resulting in much heightened interest in fishing for undersize (seed) mussels both by hand and from boat.

1.2 As a result a number of fisheries have been authorised and proposals for others continue to be received.

1.3 At the Joint Committee meeting on 12^th September 2008, Members were advised of, and endorsed, Officers’ actions in authorising the taking of undersize mussels by boat from an area to the east of No 2 marker tower at the bottom of Walney channel.

1.4 Approx. 3,000 tonnes of seed were removed by three operators in the period up to 26^th September 2008 when the initial authorisations ran out. At the request of the operators a further period of fishing was granted between 3^rd and 27^th October 2008.

1.5 In accordance with the conditions of the authorisations, some 600 tonnes was re-laid in three areas adjacent to Foulney Island. When inspected in mid October, Officers found the re-laid mussels to be well established and of an appropriate density to give a good chance of over winter survival.

1.6 These re-laid patches will continue to be monitored closely to judge the success, or otherwise, of this exercise in comparison to naturally settled areas in the same part of the Bay.

1.7 A request by one of the operators to extend their authorisation for a further month was granted on the 12^th November 2008. At the time of writing no fishing under this extension had taken place.

1.8 The previously reported on and discussed fishery for the hand gathering of seed mussels from Heysham Flat Skear closed on the 31^st October 2008.

1.9 The consensus from industry and officers alike, was that the fishery was very successful, being generally well complied with and providing a welcome source of income for local fishermen at a time when fishing opportunities were few and far between in the Bay.

1.10 Officers have noted some industry concerns that continued regular opening this type of fishery may cause a shift in emphasis towards fishing only for undersize mussels and establish a precedent in an area that has traditionally been fished for mature mussels. Consequently, regular monitoring of patterns of settlement and on-growth will continue with this in mind.

1.11 A request was received from the industry to open the above areas for the handgathering of undersize mussels.

1.12 Surveys and reports from Fishery Officers had already established the presence of a reasonable stock of seed mussel on the scars in a state that was unlikely to see it survive the onset of winter.

1.13 After consultation with Natural England, an assessment of no likely significant effect on the features of the European Marine Site was submitted to them. Their subsequent agreement allowed Officers to go ahead and issue authorisations under Byelaw 15 commencing on 13^th October 2008 for six weeks (copy at Annex A).

1.14 As might be expected with an already mobilised body of fishermen fresh from the Heysham Flat fishery, initial activity was high. However, following losses to bad weather this has subsequently fallen to very low levels.

1.15 At the time of writing 149 authorisations had been issued, indicating both the desire of the industry to exploit the currently very limited fishing opportunities within the Bay and perhaps also the extent of active effort within the byelaw 5 permit holding community.

1.16 A request was recently received from the industry to open an area on the south western side of Foulney Island for the removal of undersize mussels.

1.17 Officers surveyed the area in question on the 12^th November 2008 and found some potential for a fishery. Any such fishery would be required to be assessed in respect of its impacts on the local nature interest features and, being controversial in its nature, also require Members’ approval before going ahead. This is therefore the subject of a dedicated report elsewhere in these papers.