1.1 At the Joint Committee meeting in September, the completion of a dredge survey for razor clams off the Wirral coast and near Southport was reported.

1.2 On the basis of the survey results, and after consultation with nature conservation interests, the applicants are proceeding with an application to DEFRA for a Several Fishery in this area. The location of the proposed Several Fishery is shown at Annex A.

1.3 A Fishery Order appears to be the only mechanism by which a dredge fishery for razor clams could take place in Liverpool Bay. The area is a proposed Special Protection Area (SPA) for birds, and the named species are Red-Throated Diver and Scoter. Scoter are diving ducks that feed on bivalve molluscs, and it is clear that a dredge fishery could have an impact on scoter, unless the fishery was very highly regulated.

1.4 Dredging for razor clams falls under the Committee’s Byelaw 12, and cannot take place in the public fishery without authorisation from the Committee. However, Byelaw 12 does not allow for effort regulation. If one authorisation is issued then the Committee would have to either issue authorisations to any additional applicants, or to suspend the fishery completely. This inability to control effort would not be acceptable in the SPA, since the Committee could not regulate the fishery in a manner that would ensure protection of the scoter.

1.5 However, it might be possible to carry out a sustainable fishery if a Several Order was created. This could be based on a management plan with a strict limitation on the amount of dredging carried out. If a sufficiently small percentage of the area was dredged in each year, probably on a rotational basis, then there could be time for recovery of the dredged seabed and the benthic community, and also for the razor clam population to replenish itself by recruitment and growth through to maturity.

1.6 A meeting has been held between the developer’s consultant, Natural England, RSPB, Lancashire Wildlife Trust and Committee Officers. None of the parties believed that there were fundamental grounds for opposing the proposed Several Fishery. However, there is no guarantee that an Appropriate Assessment and management plan can be drawn up that will both offer the necessary protection to the SPA and be acceptable to the commercial fishery.

1.7 The Appropriate Assessment would be carried out by the developer, Intershell Ltd., without the involvement of the Committee. However, the Committee would have the opportunity to comment on the proposal as part of the consultation process, and it is believed that Intershell would seek the agreement and support of the Committee before submitting a final application for an Order.

1.8 The Several Fishery, if granted, will confer exclusive rights for Intershell to fish for the bivalve species that are named in the Order. These will obviously include razor clams, but there may be other species. Other forms of fishing, for example trawling for demersal fish species, will not be affected. The area for the Several Fishery has not yet been finalised, but is likely to be large, probably several square miles, so that a relatively large proportion can remain untouched in any year.

1.9 Officers suggest that, at this stage, the Committee should retain an input into the development of the management plan. Member’s comments on the proposed Several Fishery are invited.