AT A MEETING OF THE SCIENTIFIC AND BYELAWS SUB-COMMITTEE held at Theatr Clwyd, Mold on Friday, 20th April 2007
PRESENT – MEMBERS OFFICERS
O. J. Roberts (Chairman) S. Atkins
J. M. A. Boyle I. V. Andrews
A. Brecknell M. R. Boyce
D. A. Brown V. Hickin
T. R. Glover R. Houghton
R. J. Gorman
G. Hancock
H. P. Hughes
D. Jewitt
A. Jones
J. Jones
T. Jones
D. T. Knowles
S. J. Lockwood
A. Marklew
J. D. Murphy
M. R. Owen
R. L. Owen
D. Owens
N. Parker
V. K. Riley
W. T. Roberts
E. D. Tew
C. Woods
CHAIRMAN’S ANNOUNCEMENTS
1. Apologies for Absence
Apologies for absence were received from Councillors I. Ap Dewi, G. Friel, E. J. Griffiths, C. Grunshaw, J. Hale, A. J. Markley, Dr. M. J. Kaiser and Messrs. M. S. Hamer and K. Mould. An apology for absence was also received from the Committee’s Senior Scientist, Mr. Bill Cook.
2. Item 11 – Marine Bill White Paper Consultation Response. The draft ASFC response to the Marine Bill White Paper had been tabled.
3. The Chairman announced that with Members’ permission Item 11, Marine Bill White Paper Consultation Response, would be taken after Item 4 and this was agreed.
4. The Chairman announced that a letter from DEFRA dated 2nd April 2007 with regard to bass proposals had been tabled for Members’ information.
DECLARATIONS OF PECUNIARY AND NON-PECUNIARY INTEREST IN AGENDA ITEMS
Members declared their interest in Agenda items as follows:-
Item 5 – Seed Mussel Experiments. Mr. D. Jewitt, Mr. T. Jones, Mrs. M. R. Owen, Mr. C. J. Woods.
Item 7 – Management of the Prawn Fishery in Wales. Mr. R. J. Gorman, Mr. A. Jones, Mr. T. Jones.
Item 8 – Byelaw 20 – Restriction on Fishing for Escallop in Cardigan Bay. Mr. A. Jones
Item 9 – Slipper Limpets (Crepidula fornicata) in the Menai Strait. Mr. T. Jones.
Item 10 – Morecambe Bay Fishery Order Update. Mr. D. Jewitt, Mrs. M. R. Owen, Mr. C. J. Woods
TO RECEIVE THE MINUTES OF THE SCIENTIFIC AND BYELAWS MEETING HELD ON 20TH OCTOBER 2006
RESOLVED
That the proceedings of the Scientific and Byelaws meeting held on 20th October 2006 be approved and signed as a correct record by the Chairman.
MATTERS ARISING
There were no matters arising.
CHANGE IN ORDER OF AGENDA
The Chairman announced a change in order of Agenda
RESOLVED
That Item 11 be taken next.
MARINE BILL WHITE PAPER CONSULTATION RESPONSE
In presenting the report the Chief Executive reminded Members of the draft ASFC response to the Marine Bill White Paper which had been tabled. All Chief Officers of SFCs had discussed the White Paper proposals and it had been agreed that single response incorporating comments from all Committees around the country should be submitted to DEFRA. Dr. Atkins advised Members that the White Paper proposals had limited application with regard to Wales and Welsh Members might prefer to reserve a decision on the response pending the WAG decision on marine management in the future. It was understood that DEFRA intended to produce a Bill as soon as possible, with the earliest date for implementation being 2009.
The Chief Executive then took Members through the report and highlighted some of the proposed changes to SFCs, which included powers to limit fishing effort and to licence fisheries; to charge for permits, authorisations and licences; provide modernised byelaw powers; and wider and stronger enforcement powers. There were proposals to make the implementation of Several and Regulating Orders easier and more straightforward and Officers welcomed that initiative. The Regulatory Impact Assessment attempted to quantify costs and benefits and a timeline for implementation of the Marine Bill. Officers considered that the package proposed by DEFRA for England could work equally well for Wales and it was felt that WAG should be encouraged to adopt a similar package.
Members provided comments on the proposals for modernising marine fisheries management, on amendments to the constitution and governance of Committees and on proposals for recreational sea angling.
Concerns were raised about the proposals to limit the size of Committees in future, and on future funding. All Councils contributing to the new SFC should be represented on the Committee. Dr. Lockwood considered that Members represented by Natural England, Environment Agency and Marine & Fisheries Agency should be ex-officio without voting rights. Councillor Riley queried the figure quoted for new burdens on local authorities of £1.7m per year, which would be met by central Government, and suggested that this figure was totally inadequate. He felt that all local authorities, whether having a coastline or not, should contribute to SFCs. Members were also concerned that the establishment of smaller Committees could result in a decline in the number of appointments of Members with fishery interests.
Clarification on the role of the Environment Agency in future was sought. Dr. Atkins said it was understood that they would retain their role as managers of migratory fish but would continue to have a statutory role as protectors of the environment from pollution and water quality.
With respect to the proposals for recreational sea angling and the establishment of a chargeable licensing scheme, Mr. Hancock said that he did not feel that there would be opposition to licensing in general from national angling bodies provided that the benefits from that licensing resulted in worthwhile returns. Members felt that there should be a single rod fishing licence for the country covering both freshwater and sea angling interests.
Dr. Atkins advised Members that the Committee could, if it wished, submit a supplementary response to that proposed by the ASFC. Members agreed in principle to support the ASFC response to the Marine Bill White Paper but suggested that if it were not possible for that response to incorporate comments made by Members today, that this Committee should submit its own supplementary response to the consultation.
RESOLVED
That the report be received.
That Members agree in principle to the draft response from the Association of Sea Fisheries Committees to the Marine Bill White Paper.
That Members’ comments be passed to the ASFC for inclusion in their response to the Marine Bill White Paper.
That the Committee should submit a supplementary response to the Marine Bill White Paper consultation if necessary.
The meeting then reverted to the Agenda as printed.
SEED MUSSEL EXPERIMENTS
The Chief Executive reported on an application to carry out trial mussel cultivation on experimental plots in the Walney Channel. The applicant intended to apply for a Several Fishery in the area and had applied for a FIFG grant to assist in the work. Officers felt that useful information could be obtained on the suitability of the area for commercial cultivation and were recommending that the application be approved subject to satisfactory consultation with the conservation agencies.
Members were advised that the proposed Several Fishery area was within the Committee’s intended Morecambe Bay Fishery Order area and Officers felt that it was preferable for a single Several Order to be established, with the rights of Several Fishery being leased to individual operators or companies.
Mr. Parker pointed out that the area was historically one of shipping and other heavy industry and asked whether testing would be carried out to ensure mussels were fit for human consumption. Officers agreed that this point should be investigated and Dr. Lockwood suggested that such information could be available from CEFAS from their coastal and monitoring programme.
The applicant for the area near Bare had requested a change to that location to an area east of Heysham Point and Officers felt this was a reasonable alternative to the Bare area.
Following a discussion it was
RESOLVED
That the report be received.
That the application to trial mussel cultivation in the North Walney Channel be approved subject to suitable consultation with stakeholders.
That the Committee should seek to be the sole grantee of Several Fishery within the bounds of the proposed Morecambe Bay Fishery Order, and to lease any rights of Several Fishery within this area to cultivators.
That the applications to renew the three trial areas in Morecambe Bay be approved with amendments to the area locations, subject to suitable consultation with stakeholders.
RAZOR FISH SURVEY IN LIVERPOOL BAY
The Chief Executive presented the report informing Members of progress with the proposal for a dredge survey for razor fish in Liverpool Bay. A meeting had been held with the applicants and Natural England and a change to the survey strategy had subsequently been suggested. Natural England did not consider this would have a significant effect on the proposed Liverpool Bay SAC and it was hoped that the dredge survey could now be progressed, with a trial test taking place during May 2007.
RESOLVED
That the report be received.
That authorisation be issued to carry out the amended survey proposal.
MANAGEMENT OF THE PRAWN FISHERY IN WALES
The Principal Fishery Officer presented the report outlining progress with a request from the Welsh Federation of Fishermen’s Association to introduce a byelaw bringing in management controls for the prawn fishery, mainly around the Anglesey area and down to Cardigan. Flaws had since been found in the WFFA proposals and preparation of a draft byelaw had been delayed.
Proposals put forward were for a closed season, compulsory use of an onboard riddle and a portion of the pot to contain 14mm square mesh. Members raised the question of pot limitation and Mr. Boyce said although these applied in some SFC Districts, it is difficult to enforce. It was however a valid point and one that needed to be looked into.
Officers felt that more research into the proposals was needed and it was suggested that a further report be submitted to a future meeting of the Joint Committee.
RESOLVED
5. That the report be received.
6. That Officers be directed to further investigate the proposals and report back to a future meeting of the Joint Committee.
BYELAW 20: RESTRICTION ON FISHING FOR ESCALLOP IN CARDIGAN BAY
The Principal Fishery Officer reported that Officers had been reviewing the Committee’s current byelaws. When Byelaw 20 was made the jurisdiction of the Committee only went out to 3 miles and applied to areas 1A and 3A shown on the map at Annex A to the report. Mr. Boyce informed Members that there were differing restrictions in scalloping periods between the Scallop Fishing (Wales) Order 2005 and the Committee’s Byelaw 20. Officers’ recommendation was that in order to reduce the confusion between the SI, which took precedence, and Byelaw 20, the byelaw should be revoked and not replaced. This would have the result of opening up areas 1A and 3A for fishing on 1st November, two months earlier than currently. If the Committee wished to retain the closure a new byelaw, with all its attendant processes would be required. A third option would be for the status quo, with all operators being advised that under the SI all fishing would have to cease at the end of May.
Mr. Gorman felt that fishing in Cardigan would be badly affected if the area were to be opened up two months earlier than at present and the best option would be for the status quo. Cardigan Bay fishermen needed the area up until Christmas for prawns and crabs and it was not feasible for potting and scalloping areas to be shared.
In response to concerns about the lack of enforcement presence in Cardigan Bay at present, Mr. Boyce informed Members that Aegis was currently laid up and would probably remain so for at least a further three weeks. Some enforcement coverage of the area had been provided by the Royal Navy Fisheries Protection Squadron, and joint working with South Wales SFC patrol boat. They would continue to provide assistance until Aegis was back in service.
RESOLVED
That the report be received.
2. That Byelaw 20 be not revoked at this time.
SLIPPER LIMPETS (Crepidula fornicata) IN THE MENAI STRAIT
The Chief Executive presented the report updating Members on the recent infestation of slipper limpets in the Menai Strait. The Senior Scientist and a surveyor from CCW had carried out a survey of the area on 22nd March and since that time the operation to remove the mussels had been continuing. A further survey was conducted on the 19th April and although a few slipper limpets had been found it was felt that the area could be regarded has having been largely cleared. CCW had invited Officers to attend a meeting with themselves and other conservation agencies to discuss the situation and ascertain whether there was a need for any further action by the Committee.
Members stressed the importance of the mussel fishery in the Strait and raised concerns of the local people that more care was needed in future to avoid infestations of this kind being brought into the area.
Following a comment by the Chief Executive that there did not appear to be any formal regulations that allowed the Committee to manage this kind of situation as tightly as it would have wished, Dr. Lockwood advised Members that there used to be UK legislation in the form of the Control of Deposit Act which provided some safeguards but this was no longer available.
Following further discussion it was
RESOLVED
That the report be received.
MORECAMBE BAY FISHERY ORDER UPDATE
The Fishery Orders Development Officer, Mr. Bob Houghton, reported on progress with the proposed Morecambe Bay Fishery Order and presented the latest draft management plan. Development of the Order was proceeding on schedule and Officers intended to submit an application to DEFRA by July 2007. One main issue of concern with regard to the application was the qualified consent received from the Crown Estates, which raised issues of a much wider nature in relation to Regulating Orders in general. Mr. Houghton advised Members that he had attended the pre-inquiry meeting for the Dee Regulating Order which had provided the opportunity of seeing how the process might relate to the Committee’s application. Members were advised a Public Inquiry would likely be required for the proposed Morecambe Bay Order and that the costs involved for such an Inquiry were likely to be significant.
Members raised concerns on the number and allocation of licences proposed under the new Order. It was felt that the numbers suggested of between 150 and 250 were too high and should be adjusted to what the fishery could sustain rather than to the revenue that could be obtained from it. Members considered that Morecambe Bay could not sustain more than 50 to 70 licences and that the numbers would need to be tightly controlled.
Mr. Houghton advised Members that he had visited the Solway on 19th April 2007 and had consulted widely with fishermen and stakeholders directly through a questionnaire on the management measures proposed for the Order. The responses were currently being analysed and would be taken into account in the final draft of the proposals.
RESOLVED
That the report be received.
That progress with the Order be noted.
There being no further business the Chairman thanked Members for attending and declared the meeting closed at 1230 hours.