To propose a Committee response to a request from Countryside Council for Wales for stronger protective measures for this Marine Protected Area (MPA)

1.1 An MPA off the north coast of the North Llŷn peninsula (Fig 1) was set up to protect a rare habitat, namely a reef of the horse mussel (Modiolus modiolus) from damage by scallop dredging. The reef is a relatively delicate structure which would be seriously damaged by a single pass of a scallop dredge. The horse mussel, unlike the more common blue mussel (Mytilus edulis) is slow growing and has a much lower reproductive potential. Any damage to the reef could take many years to recover.

1.2 The MPA is located within a designated EU marine site, the Pen Llŷn ar Sarnau Special Area of Conservation (SAC) and the horse mussel reef is a defined conservation feature of the SAC. This designation conveys a high degree of protection on the reef backed up by European law. Any damage to the site or its features from a human activity (such as fishing) could lead to prosecution of the UK Government by the European Commission which has the power to impose a heavy daily fine until the site has recovered.

1.3 The scalloping regulations issued annually under byelaw 12 show the MPA as a box permanently closed to fishing for both king and queen scallops. Use of all mobile gear to fish for scallops or other shellfish is banned under the byelaw although use of trawls for finfish is legal. The MPA has been generally effective although there have been reports by Fishery Officers and made to the Committee by members of the public, of contravention of the regulations.

1.4 There is a risk that trawling for finfish could take place within the MPA but the area is not a known for trawling and the Committee has no records of trawling having taken place within the area.

2.1 Correspondence between CCW the Committee and the NAW is attached at Annex A. CCW requested the NAW on 19 July 2007 to urgently make a Habitats Directive Section 5 ‘Stop’ Order to ban the use of all mobile fishing gear from the MPA. For the longer term, CCW further requested the Committee on 20 July 2007, to make a new byelaw to ban all mobile gear from the MPA. CCW stated verbally at a meeting with Committee Officers on 4 July 2007 that they will consider providing financial assistance with the costs of advertising and consultations.

2.2 All mobile gear has the potential to cause serious damage to the horse mussel feature and CCW wish to ensure the area is fully protected. Despite the lack of records of trawling, CCW are concerned about reports of mobile fishing gear in the MPA. They have video evidence of a seabed track within the MPA which may have been made by trawl gear. This evidence is now being examined by Liverpool University.

2.3 Whether or not trawling has occurred CCW point out that it would be legal so could take place at any time. Damage to the horse mussel reef could take place with impunity and this gap in protection for the site should be closed.

2.4 CCW point out that one of the very few remaining horse mussel beds in the UK in Strangford Lough has recently been destroyed by mobile fishing gear although this was mainly scallop dredging.

3.1 Also at Annex A is a series of emails in which the Chief Executive on 9 August, 2007 commented to NAW on the need for a Stop Order and CCW then made a further submission on 13 August. Mr. Glyn Perryman for NAW on 17 August indicated his view that a lot more scientific evidence would be needed before a Stop Order could be made.

3.2 In summary, the Chief Executive is not convinced that there are sufficient grounds to propose a Stop Order or for the Committee to make a new byelaw at this stage. The ban on the use of scallop dredges is being closely monitored and enforced and there is as yet only circumstantial evidence that any other mobile fishing gear has been used within the MPA. From historical usage, Officers do not consider there is significant risk that the MPA will be used for trawling.

3.3 If there are future reports of trawling and scientific evidence of damage to the horse mussel reef feature, the need for a byelaw will be reconsidered urgently by the Committee.