1.1 In order for bivalve shellfish to be marketed for human consumption, the beds from which they are harvested have to be classified according to criteria specified in the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

1.2 The classifications of designated shellfish beds are determined by the level of faecal coliforms present in the shellfish, usually determined by analysis of monthly shellfish samples. Shellfish for human consumption can come from beds in 3 possible categories. Class A beds produce shellfish which can be sold live for human consumption without any further treatment. Shellfish from Class B beds may only be sold after either purification in an approved depuration tank, or heat treatment in an approved cooking plant. In the case of Class C beds, the shellfish have higher coliform levels and must either be heat-treated, or relaid in an approved area for at least 2 months before purification.

1.3 In the case of mussels, the market requirement is for live shellfish. Cooking is therefore not an option, and it is generally too costly to relay the mussels in a suitable area before purification. Consequently, mussel beds of Class C are normally uneconomic to fish, and this is the case at Conwy.

1.4 In October 2007, notifications of possible downgrade of the Scabs, Green Island and Morfa beds at Conwy were received from Conwy County Borough Council. These areas are shown at Annex A. The possible downgrades resulted from poor microbiological results from the Scabs in July, August and September, and from Green Island & Morfa in August and September.

1.5 The Scabs is currently Class B, but the poor results indicate a possible downgrade to Class C. Green Island and the Morfa currently have a seasonal classification of B, between 1^st October and 31^st March, reverting to C at other times. This means that September, the first month of the Conwy mussel fishery, is already lost on these beds. For Green Island and Morfa the notification was of "cause for concern" rather than possible downgrade, but if further poor results are obtained then these beds could also be downgraded to Class C.

1.6 At a meeting of the North Wales shellfish Liaison Group in early November, CEFAS scientists reported that the October results from the Conwy Estuary were much improved. No decision had yet been taken regarding the classification of the Scabs bed.

1.7 This is by no means the first time that poor results have been obtained for the Conwy Estuary. The mussel beds higher up the river, adjacent to the harbour, the road and rail bridges, and Benarth are Class C and therefore cannot be fished. Other beds have received a C classification from time to time, but in all years there have been sufficient Class B mussels to sustain the fishery. However, the pattern of poor results has seemed unpredictable, with different beds yielding poor results in different years. If all of the main beds were to become Class C then this would be disastrous for the Conwy fishery, and it would have severe consequences for the purification facility run by the Conwy Mussel Company.

1.8 The Conwy Estuary is designated under the EC Shellfish Waters Directive, designed to ensure the quality of waters in which shellfish are grown for human consumption. The Directive lays down a number of physical, chemical and biological parameters and either mandatory or guideline levels that must be met in designated waters. These include the coliform levels in the shellfish. The Directive is transposed into UK legislation by the Surface Waters (Shellfish) (Classification) Regulations 1997, which adopts most of the parameters of the EC Directive, but omits water temperature and faecal coliform loads. However, DEFRA has stated that it is committed to improving water quality to a level where all designated shellfish waters can support at least ‘class B’ production areas. In Wales, these Regulations are now administered by the Welsh Assembly Government rather than DEFRA.

2.1 The poor microbiological results obtained in recent years seems surprising in view of the large investment in sewage treatment that has been made. Apart from storm overflow discharges, most of the sewage form the area is now treated and discharged from the long outfall from Llandudno West Shore, well away from the mussel beds. The improvement that this has made in terms of visible sewage debris in the estuary is dramatic.

2.2 It appears likely that the poor results obtained this summer are linked to the unusually high rainfall. Poor results have been obtained elsewhere, including Morecambe Bay cockles, and these also occurred when rainfall was high.

2.3 The source of the contamination is unclear, however. The test for faecal coliforms does not differentiate between coliforms from humans, farm animals or birds, and all 3 sources have been implicated in producing high bacterial loads in shellfish. It is feasible that high rainfall could elevate coliform levels either through the operation of storm overflows, discharging raw sewage, or through increased run-off from farms or grazing land.

2.4 The problem was discussed at a meeting of the Conwy mussel Management Group, chaired by Dr. Stephen Lockwood, in October. A representative of the Environment Agency Wales was present at this meeting. The Conwy fishermen reported seeing unexpected discharges of sewage from various outfalls in the estuary. It was agreed that the fishermen should liaise with the Environment Agency regarding this. Dr. Lockwood undertook to look at river flow data and to compare this with mussel coliform levels. The Group will write to the Environment Agency expressing their concern at the situation.

2.5 The Senior Scientist attended a meeting of the Conwy Harbour Advisory Committee (a sub-committee of Conwy County Borough Council) on 7^th November, and explained the situation and the implications for the Conwy mussel fishery. The Committee were extremely concerned, and agreed to raise the matter with the Council.

3.1 Officers suggest that letters should be sent to the Environment Agency Wales and the Welsh Assembly Government, expressing the Committee’s concerns for the future of the Conwy fishery and the lack of compliance with the EC Shellfish Waters Directive. It is suggested that the Environment Agency should be asked to thoroughly investigate the problem, including the sources of contamination, with a view to improving the long term water quality in the estuary.