1.1 The background to the current proposal has been well documented in previous Committee papers and reports.

1.2 The goal of the proposal is to produce a modern, flexible and robust management regime for sustainable shellfishing within Morecambe Bay. The Order will embed the principles established under the byelaws and aim to be consistent with management elsewhere in the District. It is envisaged that the fishery will remain essentially hand gathered with provision for restricted mechanical gathering when and where appropriate. The move to limited entry with a licence levy will be the most significant change from the existing regime but is considered key in controlling effort.

1.3 Work on the proposal since the last Joint Committee meeting has identified a number of issues that officers feel the Committee should be aware of.

2.1 Landowners consents: At the time of writing 16 consents have been received. The final number required will be around 25; the lack of a definitive number arises from a necessary amount of ongoing investigative work where changes in land ownership have not been reported and a small number of "landholders" (2) where no response to our attempts at contact has so far been received. 1 landowner, Roa Island Boat Club, has requested that their holdings be excluded from the Order. Clearly, it would be preferable to have all landowners supporting the proposal and work continues to that end, however, excluding their holdings would not threaten progress as their request does not constitute an objection and the final boundaries of the Order area can be adjusted accordingly. A potentially more serious problem arises from the conditions attaching to the Crown Estate Commissioners consent (copy attached at Annex A) Similar conditional consents have been received in relation to applications for Orders from other Sea Fisheries Committees and DEFRA are concerned that they would render an Order unworkable in practice. With several applications for Orders pending - the Exe Order is ready to go to Public Inquiry but is held up on this one point - negotiations with CEC to resolve the matter are ongoing and we hope to have a resolution soon.

2.2 Consultation: The Fishery Orders Development Officer is delivering a series of public presentations at venues around the Bay. A supporting poster display about the proposal has been designed and produced for use in public areas by two student volunteers from Lancaster University. Its first showing will be in March at the Lancaster Maritime Museum. A technical questionnaire for commercial fishermen was issued to the local Fishing Associations, specific interested parties and all new permit holders. A copy is also available through the website. Initial response has been good and work has already started on assimilating the responses. Closing date for returning the questionnaire is 31^st March 2007. Consultations with environmental groups are ongoing through the Environmental Forum and are progressing in a very positive manner.

2.3 DEFRA: Since last reporting, a delegation from DEFRA visited the Committee offices for a tour of the Bay and further discussions. Notwithstanding the problem of Crown consent, DEFRA remain positive and supportive towards the application and the proposed timescales for implementation.

2.4 Budget and funding: The cost of the work for producing an application for a draft Order is relatively small and those expenses incurred so far have been absorbed as part of the Committee’s normal day to day business. Discussions with the Chief Executive and Finance/Admin Officer suggest this approach is tenable for the remainder of the work that needs to be done up to the production of a draft Order. However, to progress beyond that point there will be a considerable outlay associated with advertising the Order and a Public Inquiry (N.B. it is thought extremely unlikely a Public Inquiry would not be necessary). There may also be significant additional cost in re-writing byelaws to exclude the area of the Order. While it is unresolved at this stage whether or not set up costs can be clawed back through future income from the Order, initial enquires with DEFRA would suggest not. The Committee should be aware that no provision has thus far been made for any of these costs and it is therefore the opinion of the officers that this issue represents the greatest threat to a successful outcome.

2.5 Committee input and authorisation: Officers feel that using the Joint Committee as the forum for discussion on the detail of the proposal at this stage would be cumbersome and time-consuming. Therefore, it is proposed that for the stages leading to an application for a draft Order, the Scientific and Byelaws Sub Committee undertake responsibility for the Committee’s input. Clearly, Joint Committee approval will be necessary before going ahead with a final proposal.