NEWSLETTERS
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DECEMBER 2004

Dear All
It is timely to update the industry of recent developments.

1. VESSEL PERMIT SCHEME - Byelaw 41
In accordance with changes made in recent years, find enclosed your vessel permit for 2005 which is now renewed automatically provided catch return forms have been received for the full year.
i.e. For crustaceans (Class 1) or Molluscs (Class II) returns for January - April (due May), May - August (due September), September - December (due by the end of January).
For whitefish (Class III) an annual statement of catches from the SWSFC District (due asap in January).
If your permit for 2005 is not enclosed it is most likely that our records show that some returns are outstanding. Please contact Margaret to ascertain the position, whereupon a permit for 2005 can be issued.
If there are any changes of ownership or to the vessel or fishing takes place for other species, you must inform the SWSFC office to enable the permit to be amended.
Please therefore check the details on the vessel permits as soon as they are issued to ensure that they meet your fishing requirements. This is your obligation, and inaccurate details may otherwise render a permit invalid.

2. CATCH RETURNS FOR 2003
Find enclosed catch return graphs (Class 1) for shellfish for 2003 based upon the returns you have previously supplied. If there appears to be any errors or omissions, please let us know. Graphs for 2004 will be provided as soon as vessel owners have submitted full data.
In January and April 2004 DEFRA extended restrictive licensing to all vessels fishing crustacean shellfish based on previous track record. The submission of catch returns is one element of this. The exact arrangements are still under discussion between DEFRA/CEFAS and SFCs and industry will be informed of requirements in 2005. It is the intention that only one set of returns be submitted. To allow this SWSFC will consider modification of its byelaws.

3. SOUTH WALES SEA FISHERIES COMMITTEE MATTERS
a) The Fishery Protection Vessel Cranogwen is now in refit following 17 years of service. Using 35% EU aid she will soon emerge for sea trials in a substantially modified form. Capability to launch 6m Sea Rider will be increased, and modern wheelhouse electronics will allow better vessel tracking and seabed recording.
b) Staff changes
Dr A Woolmer is soon to replace Colin Trundle as Committee's Biologist. Colin moved to Cornwall SFC in September.
c) Fishery Officer L Richardson (West) has retired after 12 years service, and a replacement is in the process of being recruited.
d) Following expenditure on the vessel, Committee's financial reserves have been greatly reduced. Although its levy to local authorities has increased it is still in real terms only 88% of what it was in 1996/97 and expenditure still exceeds income, thus drawing down reserves.
4. WHELK CLOSED SEASON
Notices have already been circulated indicating a renewal of the closed season for taking whelks from within the SWSFC district between 1st January 2005 and 14th February inclusive.
Officers have agreed to work with the S&WWFC Ltd and industry to measure whelks and catches, in order to assess the state of the population. Options include removing the closed season in favour of increased minimum landing size to 70mm shell length (35mm bar spacing) as was originally intended, (locally whelks spawn at c 84mm size) and/or changed close season.

5. LOBSTER V-NOTCHING
SWSFC has resubmitted its application for £336,816 of Objective 1 funding to WEFO. If granted, up to 24,000 female lobsters would be purchased for release, commencing 1st April 2005 for three years.
Similar arrangements would apply to the last (PESCA) scheme when 6332 lobsters were returned in 2000 and 2001.

6. SKOMER MARINE NATURE RESERVE - NO TAKE ZONE?
It was reported last year that discussions were ongoing. Furthermore at National level, Government has received reports from the Review of Marine Nature Conservation, Cabinet Review on Fisheries, and Royal Commission in favour of no fish zones.
Skomer Reserve staff have informally discussed some options with relevant fishermen who fish the reserve and local community interests. Angers and divers are yet to be fully involved. A recent meeting of the Skomer Advisory Committee agreed with the approach taken. The South & West Wales Fishing Communities Ltd Association have subsequently raised various concerns.
SWSFC awaits a request from CCW to consider whether the SWSFC should advertise a byelaw for further more formal comment which could prohibit fishing in the Reserve (or part) according to any restrictions or exceptions. Any advertisement would signal a move from informal discussion to formal discussion. Ultimately the Welsh Fisheries Minister would be called to take a decision whether to make a byelaw at all or in any modified state.
Any person wishing to receive further information on any proposal as it arises (and before it is advertised) should contact this office.

7. EUROPEAN MARINE SITES (SPECIAL AREAS OF CONSERVATION - SAC AND SPECIAL PROTECTION AREAS FOR BIRDS - SPAs)
The EU has now adopted the sites as 'Natura 2000', and the NAW has agreed that even in draft the full effect of the law would be applied. Discussions on drafting a management scheme are continuing within Relevant Authorities (i.e. Statutory bodies) which will be put out to wider consultation in 2005/06 (depending on site). CCW are still to produce 'Conservation Objectives' which is the detail of the site justification and explanation of operations which may damage or disturb, and current status of the site features.
A recent European court judgement makes it plain that fishery management must be treated like a 'development'. i.e. Actions must be prior assessed to ensure that they are unlikely (? will not) (significantly?) effect the features for which each site has been designated.
Meetings with government officials and lawyers are yet to take place to identify the effects of this legislation. However, it is clear that environmental assessments will be required before judgements are made on fishery management decisions. So for example, dropping a cockle size from 19mm to 17.5mm, authorising a dredge to fish an area, or whelk size dispensation, will not be confined to Committee decision, upon instinct, previous practice or trial and error.
The practical and financial implications of this are not yet certain. However, industry must understand that in the future Committee will have less of an ability to take rapid decisions, or be its own master.
The Committee has already experienced the effect of a complaint by an environmentalist concerned about razor fish dredging to the European Commission and the work and restrictions which resulted as the Commission largely upheld that complaint.
There is little doubt that in the future, management of sea fisheries will be a very different business to that undertaken in the past. It is hoped that the new Fishermen's Association will involve themselves with such aspects in the future, in doing so remove some of the work for SWSFC staff whose responsibilities are divided and defined by the various legislation.

8. FISHERY REVIEWS
As hinted above, Government have received and are considering their response to several reviews.
1. EU CFP Review (2002), and the Prime Minister's Cabinet Strategy Group Report 'Net Benefits'. This is a major and radical review suggesting amongst other aspects:- Fleet reductions, Marine Protected Areas, restricting and re-focus of fishery departments, environmental appraisal, user pays, greater say for anglers.
2. Review of Fisheries & Environmental Enforcement - (Bradley Report). This builds upon the above, but in the context of who will undertake the enforcement work. It recommends that DEFRA Sea Fisheries Inspectorate become an arms length Agency, and that SFCs join this. This week the Minister has agreed to establish the Inspectorate and some portions of the Fisheries Departments, but has deferred a decision on SFCs. Environment Agency have themselves made a bid for SFC business. SFCs have asked that we be strengthened legally and financially with a view to taking on work in the 6-12 mile from DEFRA.
User pay models have also been suggested for commercial vessels and a sea angling licence. Sports fish status has been suggested for some species.
Government is set to respond to both reviews by the end of April 2005. DEFRA and Welsh Assembly are free to take a different stance, within obvious legislative constraints.
This is a complicated business with unknown outcomes, but which has been exercising the minds of fishery managers for over 12 months.
3. Review of Marine Nature Conservation - Irish Sea Pilot Project
The report calls for better management of marine life on a systematic and ecosystem basis. It calls for up to 25% of sea areas to be set aside, and better protection via a new Marine Act in order that species/habitats of National importance can be identified and managed. These would supplement the EU designations (Item 7).
4. Royal Commission on Environment Pollution - released in December, calls for 30% of UK waters to become reserves closed to commercial fishing, changes in public rights, decommissioning, control of fishing effort etc.
5. Much of SWSFC officer's time has been spent informing participants of the unique nature of inshore fisheries management which, largely under the stewardship of SFCs for over 100 years, has been generally doing OK. It is all too easy for the public to think that the dire situation faced by offshore mixed fin fisheries is also a reflection for other species in inshore areas - it does not!

9. SCALLOP CONSERVATION
WAG have recently revised their proposals to introduce gear restrictions and closed seasons for scallop fishing. They propose a statutory instrument which:-
a) Proposes a 6 dredge limit (0-6m) and 8 dredges (6-12m) - the limit in England is 16 dredges.
b) Proposes to extend the current closed season to 1st June - 31st October (currently 1st July - 31st October).
c) Sets a 110 mm scallop size throughout Wales. (Currently 110mm via a combination of National legislation and SWSFC byelaw).
All comments to Sarah Thomas, AFPD, NAW, Cathays Park, Cardiff. CF10 3NQ Tel: 02920 823184 by 4th February.

10. SOUTH & WEST WALES FISHING COMMUNITIES LTD (SWWFC)
The above was formed in 2004 with the receipt of significant grant aid. We welcome the establishment of the organisation and urge all fishermen to make full use of the facilities and contribute fully to the running of the organisation. It will link with other similar organisations in Wales.
Links with the SWSFC and SWWFC are strong. Officer liaison takes place on a regular, almost daily basis, and several board members sit on the SWSFC itself.

11. CATCH RETURNS
It will be obvious from the above, and from previous industry Newsletters that the sector is facing some serious challenges. I offer no apologies for repeating previous sermons. The (shell)fish industry in Wales is significant and one that is undervalued. If it is to stand up and be counted it must do so on a basis of collective responsibility. One large element of this is the necessity to properly record the amount of fish and shellfish landed, their value and the amount of fishing activity that takes place. Such figures bear recording through all aspects from point of first capture to final destination and point of sale. Whilst the industries position in poorly recording landings and value in this respect is entirely understandable, it does itself no favours. In matters of importance such as negotiations with sea anglers, no take zones, SACs and in General management and application for grant or recognition with respect to marine developments, a failure to be able to demonstrate the reality of what is actually happening 'on the ground' will see the industry lose out.
It only remains to wish you good fortune and good fishing for the year to come from us all at South Wales Sea Fisheries Committee.

P J COATES, Director
23rd December 2004