Minutes for Cornwall Sea Fisheries Committee meeting, Dec 18 2009, 10.00AM official page

In accordance with the Council’s Code of Conduct:

·  Kevin Bennetts declared personal interests as a representative of the Cornwall Federation of Sea Anglers, as a supplier of fuel to the scalloping fleet and as a member of Newlyn Advisory Committee.

·  Chris Brett declared personal interests as a member of the South Devon and Channel Shellfishermen’s Association and as a vessel owner.

·  Celia Mitchell declared personal interests as the representative of this Committee on the Mevagissey and Portloe Harbour Boards and as Secretary to the Mevagissey Fisheries Protection Association Ltd.  She also had several relatives who were in the fishing industry.

·  David Muirhead declared personal interests as a member of the Cornish Fish Producers’ Organisation, South Devon Shellfishermen’s Association, Shellfish Association of Great Britain, South West Handline Fishermen’s Association, Duchy Fish Quota Company, the Cadgwith Helford and District Fishermen’s Society Ltd, as the Chairman of the Helford Marine Conservation Group and as a vessel owner.

·  David Stevens declared personal interests as a member of the Local Advisory Committee for the Seamen’s Mission, Newlyn, and as a vessel owner.

·  Philip Trebilcock declared personal interests in respect of his being Chairman of the Newquay Fishermen’s Organisation and as a member of the Committee of the Newquay Fish Festival.

·  Nick Tregenza declared a personal interest as a manufacturer of acoustic instruments for dolphin detection and monitoring.

·  Steve Holyer declared an interest a member of the Angling Trust and as a boat owner.

·  Councillor Wallis declared a personal interest as an owner of a fish and chip shop in Porthleven and as a member of the Duchy Fishing Quota Company.

·  Mr A G Berry declared a personal interest as Vice-Chairman of the South West Fish Producers’ Association, a committee member for the Inshore Fisheries Association and as a vessel owner.

·  Councillor Brown declared personal interests as an angler, owner of an angling charter boat, boat owner and his son also owns a shell fish export business.

·  Councillor Trubody declared a personal interest as a member of the Rame Peninsula Fishing Association, a regular fisherman and as a licensed vessel owner.

·  Councillor Mutton declared a personal interest as a Mevagissey Harbour Trustee representing Cornwall Council.

·  John Trewin declared personal interests as a vessel owner and a member of the Cadgwith Helford and District Fisherman’s Society Ltd.

It was moved by Councillor Folkes, seconded by Councillor Brown, and

  RESOLVED that the Minutes of the meeting held on 16 October 2009 were recorded as a true record and that they be signed by the Chairman subject to the following amendments: the addition of Councillor Brown’s apologies; and the replacement of “Sangita” with “Sangeeta” in the list of those people also present.

Presentation by Ian Carrier (Chief Fishery Officer, Southern SFC) and Steve Johnston (District Inspector, M&FA).

The Chief Fishery Officer gave a presentation on training of Fishery Officers; post Marine Bill in the absence of Ian Carrier, Chief Fishery Officer, Southern Sea Fisheries Committee and Steve Johnston, District Inspector, Marine Fisheries Agency who were unable to attend the meeting due to the recent inclement weather.  He paid particular thanks to members of staff who had supported him in this area of work, noting that an office meeting on training was planned for the following week.

The presentation began with an introduction and then covered a national approach to enforcement training, an integrated and cohesive training scheme, immediate training and the longer term, the programme of basic training for delivery in 2010, proposals for future training, and the benefits of a national scheme.

The management of the fisheries and marine environment in the future would be changed by the Marine and Coastal Access Act, staff and IFC Authorities needed to be aware of the impact on their core work and training was important to ensure ‘business as usual when IFCAs were implemented from 1 April 2010. The Committee’s support for the training was sought in addition to informing Members of the training’s objectives and benefits. Since the Marine Bill had been introduced a number of national working groups  and panels had been established including IFCA Implementation Project Board (deciding and managing the policy for change from Sea Fisheries Committees to IFCAs and meeting every 2/3 months);  the IFCA Implementation Working Group (agreeing and delivering practical elements of change management) and  the Enforcement Working Group (considering enforcement issues arising from the Bill, including representatives from all agencies).  A Training Working Group developed from this Group and an initial meeting had taken place in Blackpool which had agreed that enforcement training standards would be common across all fisheries agencies, training delivery would be cross-agency other participating agencies would only incur travelling and subsistence costs where there were no significant delivery costs for a particular course, marine enforcement officer (MEO) basic training would be completed before the Marine Bill became law and a national integrated enforcement training scheme would be investigated.

A national audit of training which had already been provided had been completed, possible future accreditation of future enforcement and other courses was being researched and a possible Diploma for Fisheries Management to be delivered via the Institute of Fisheries Management was being considered. In terms of immediate training the Marine Bill would provide new comprehensive powers and functions to enforcement officer which were still being understood, new duties for both officers and Members, including marine nature conservation, byelaw making processes and sustainable management and basic training for MEOs had to be complete by the end of March 2010.  Warrants would be issued to warranted Fisheries Officers (to be called Enforcement Officers) following basic update enforcement training 14 two-day courses would be provided nationally February – March 2010 delivered by a team of SFC and MFA trainers to cross agency delegates. In the longer term there would be regular  ...  view the full minutes text for item SFC/36

Presentation by Natural England officers and a short response will be tabled at the meeting by the Senior Fishery Officer.

Rhiannon Pipkin, Marine Advisor and Sangeeta McNair, Marine Advisor, from Natural England, gave a presentation on the consultation on the three new draft Special Areas of Conservation (SACs) in the Cornwall Sea Fisheries District. The presentation introduced the Committee to the Marine Protected Area Network which included SACs and MCZs, explained why Natural England was looking to identify more SACs, outlined the site selection process, provided an overview of the southwest sites,  highlighted the consultation process, set out the potential future management  of the sites, identified key contacts and provided some frequently asked questions.

Firstly a Marine Protected Area was defined as “an area at sea that has some level of restriction to protect living, non-living, cultural, and/or historic resources” and was one of a number of tools which contributed to the protection of marine biodiversity. National and international obligations to an MPA network were outlined to Members. The 2012 MPA Network of both European and national Marine Sites (Marine Conservation Zones – MCZ) was outlined. Next, Marine Protected Areas processes relating to Special Areas of Conversation and Marine Conservation Zones, and their differences, were set out.  It was noted that Marine Action Zones were established by different legislation, they would be stakeholder-led, in a bottom-up approach that could take account of socio-economic factors.

The location of England’s current 0-12nm MPAs were identified - these covered 8% English inshore waters. Designated Sites of Special Scientific Interest (SSSIs) covered considerable inter-tidal and coastal areas and Lundy was the only highly protected site and would be the first MCZ under the Marine Act.

The presentation then focussed on the conservation context of Natura 2000/ Marine Special Areas explaining that the European Commission 1992 Habitats and Species Directive required Member States to identify and manage SACs and currently coverage was considered inadequate requiring the identification and recommendation of further qualifying areas. If this was not undertaken, infraction proceedings could be taken against the UK Government.

A number of maps set out the extent of existing and draft Marine Special Areas of Conservation in the Southwest, proposed SACs and SPAs within 0-12nm, including Lands End and Cape Bank pSAC, Lizard Point pSAC, Prawle Point to Plymouth Sound and the Eddystone pSAC and Poole Bay to Lyme Bay pSAC.

Following this, the presentation moved on to consider the consultation process which was being undertaken from 27 November 2009 to 26 February 2010. This involved a formal consultation including the scientific case for designation and a socio-economic impact assessment.  Defra would make a final decision on making recommendations for designation. A number of open meetings had been scheduled for January 2010 in the Southwest and dates and locations were in the process of being confirmed before being advertised. Key contacts within Natural England and a number of key questions, and answers were also identified. Finally, it was reported that a pilot project was being undertaken to develop management measures for one site which would involve a number of key stages, including conducting a risk assessment for  ...  view the full minutes text for item SFC/37

To follow.

The Council’s Group Accountant introduced the report on the Revenue Budget and Capital Programme. The Committee was asked to consider a net budget and levy on Cornwall Council of £684,000 for the 2010/11 financial year and details of the budget and reserves were set out at Appendix 1 to the report. This was an increase of £13,000 or 1.9% above that for 2009/10 and the main reasons for the increase were highlighted. Contributions would also be made to two key reserves of £22,500 to the Survey and Refit reserve and £25,000 to the Sea Fisheries General Reserve. Although the scope to reduce running costs was limited due to the majority of costs relating to staffing and patrol vessel running costs, the service had absorbed increased workloads without any reduction in service or direct increase in costs and a number of examples were highlighted. This had resulted in an equivalent efficiency saving of 3.2% on the proposed net budget and levy. In conclusion the Committee was advised that the proposed budget would enable the service to continue to fulfil its remit and the contributions to reserves, allowed for key future costs and had a general reserve at the target level previously identified.

During discussion of the report:

(i)  a typographical error was corrected – paragraph 6, first bullet point, third line – replacement of “Area” with “Authority”;

(ii)  Officers were congratulated by the Committee for working within the allocated budget and limiting the proposed budget increase to 1.9%;

(iii)  It was noted that Defra would subsidise the forthcoming Marine Bill training costs in February and March 2010 but that £500 was shown in the proposed budget for other training.

Following consideration of the report:

It was moved by Councillor Brown, seconded by Councillor Fitter, and

  RESOLVED that:

(1) The Revenue Estimates and Reserves as shown at Appendix 1 to the report be approved.

(2) The Cornwall Sea Fisheries levy on Cornwall Council be  set at £684,000 for 2010/11.

To follow.

Members considered a joint report by the Chief Fishery Officer and Corporate Director – Corporate Support which detailed current financial performance against the budget for the period to the end of August 2009. A ‘year to date’ statement was set out at Appendix 1 to the report showing the position to the end of August compared against the expected spend for the same period. The full year statement showed the latest outturn forecast. It was currently estimated that the final end of year position had not changed from the last forecast in August 2009. The Committee also considered Appendix 2 which set out the forecast position of the Committee’s reserves at the end of October which indicated that as a result of the estimated under spends, the forecast amount of reserves would be £52,174 at the end of the financial year. Following consideration of the report:

It was moved by Councillor Haycock, seconded by Councillor Folkes, and

  RESOLVED that the Committee’s performance against budget and subsequent reserve movements be approved.

Members considered a report by the Chief Fishery Officer on a Draft Byelaw and Regulatory Impact Assessment. The Draft Byelaw raised the minimum size for removal from the Cornwall Sea Fisheries District for both male and female spider crabs to 130 mm, to mirror the existing national minimum landing size that currently applies to males only.  The accompanying Regulatory Impact Assessment was required by Defra to assess the potential impacts of this proposal on the regulatory and economic aspects of the fishery within the CSFC District. There would be short term economic impacts from this measure but it was hoped that there will be long term benefits to the stock. Following a message received from Defra the day before the meeting the draft byelaw was amended at the request of Defra in paragraph 1, second line, by the deletion of “6” and its replacement with “six”.

During discussion of the report and consideration of the draft Byelaw and Regulatory Impact Assessment it was noted that Defra had arranged a meeting to discuss the Multiple Trawl Nets Byelaw with fishermen but it had been cancelled by Defra on the day of the meeting and would be re-arranged by Defra.

Following consideration of the report:

It was moved by Mr David Muirhead, seconded by Councillor Trubody, and

  RESOLVED that the draft byelaw set out as an Appendix to the report be formally made, as amended, and officers are instructed to forward it to Defra for approval.

An in-depth report on red mullet netting within the District, by the Senior Fishery Officer – Enforcement) had been requested by Members so that they could gain a better understanding of the issues in this fishery. A copy of the detailed report was attached as an appendix to the cover report and considered by the Committee. The report covered the general biology of the red mullet, a general background to the Cornwall red mullet net fishery, future prospects for red mullet net fishing, legislation applied in the Cornwall Sea Fisheries District. Reference was made to a meeting for red mullet fishermen which discussed various issues for them and fish managers.

During consideration of the report a number of matters were raised, including:

(i)  In response to a question, Members noted, that whilst there was an inevitable bycatch, it was not possible to say how significant this was as there was a lack of scientific data from around Cornwall to show what was caught in the nets; much of which may not be landed.

(ii)  It was noted that there was currently no intention to restrict red mullet net fishing although the European Union and the North Western Waters Regional Advisory Council  were both currently investigating technical legislation which may result in future recommendations which may affect the use of nets.

(iii)  A Member advised that he had spoken to a number of local fishermen about this matter and a number of suggestions had been made relating to the restriction of gear, an increase in the minimum landing size of pollack, and net soak times. He noted that fishing for red mullett by four boats out of Cadgwith was currently poor. The Chairman thanked him for his report on behalf of the Committee and drew Members’ attention to soak times.Officers noted that net limitation would be difficult to manage but suggested that the Committee could await the result of the European Union’s deliberations referred to above. If net mesh size was increased as suggested by some fishermen, this would place it into the banned mesh range which existed to protect juvenile bass so was not felt to be practical. A restriction relating to the minimum size of pollack might be possible but he suggested that Members consider soak times following the European Union.

(iv) It was noted that Defra would be imposing a moratorium on new byelaws from 1 January 2010 pending the introduction of IFCAs. (Defra had agreed that the spider crab byelaw, discussed at Agenda item No. 9 was not included in the moratorium.)

(iv)  In response to a query about at sea monitoring, it was noted that it would be impossible to prove how long gear had been in the water and the cost of satellite transponders to provide vessel positions could be prohibitive. However it was acknowledged that the fishing industry may wish to consider such a project if funding was available and the CFPO had applied for funding under the Fisheries Science Partnership Scheme. CSF Officers  ...  view the full minutes text for item SFC/41

A response will be tabled at the meeting.

The Chief Fishery Officer advised Members that he had intended to bring a full report to this meeting about this Byelaw which had been made. However on the day before the Committee meeting held on 26 June, he had received a letter from Defra about the concept of an Experimental Marine Protected Area Byelaw advising that the Minister had changed policy, away from the use of experimental closed areas, and thus this byelaw. A decision had not been made for 4 months. At the last meeting he had reported to the Committee on the decision made and a letter was sent to the Minister setting out the effect of this decision on the Committee. Due to significant interest in the proposed byelaw he undertook to present the objections to the proposed byelaw to  a special meeting of the Committee in order for Members to consider how to proceed

  RESOLVED that a Special meeting of the Cornwall Sea Fisheries Committee be scheduled for Friday 22 January 2010, starting at 2pm, to consider the Experimental Marine Protected Area Byelaw.

(separate document enclosed)

Members considered the report of the Chief Fishery Officer and took them through the report page by page. He drew attention to a number of matters including attending an interesting conference in Birmingham on the Marine Bill and the invitation to the fishing industry to put forward a Fisheries Science Project for a survey of sardine and anchovy stocks in the Western Approaches. Following consideration of the report:

It was moved by Councillor Trubody, seconded by Mr Muirhead, and

  RESOLVED that the report be noted.

The Committee was updated on the performance of the Service Plan – one of a number of regular updates considered during the year. A summary of the 2009 performance up to 31 October 2009 due to the shortened meeting cycle this year was considered at Appendix 1 to the report. It was noted that an update on the entire year’s performance would be considered at the next ordinary meeting. Following consideration of the report:

It was moved by Mr Kevin Bennetts, seconded by Councillor Brown, and

  RESOLVED that the report be noted.

In accordance with Section 100(B)(4)(b) of the Local Government Act 1972, the Chairman was of the opinion that the undermentioned item should be taken as a matter of urgency because the deadline for receipt of response to the consultation was 31 December 2009.

The Chief Fishery Officer advised the Committee that he was drafting a response from the perspective of Cornwall Council in response to the consultation, which had to be received by 31 December 2009. He would also draft a response on behalf of the Committee, in consultation with the Chairman  and report back to Members at the next ordinary meeting.

It was moved by Councillor Fitter, seconded by Mr Steve Holyer, and

  RESOLVED that:

(i) the Chief Fishery Officer draft a response on behalf of the Committee, in consultation with the Chairman; and

(ii) a report back on the responses be considered by the Committee at the next ordinary meeting on 16 April 2010.