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DECEMBER 2005

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 2006 which is 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 2006 is not enclosed it is most likely that our records show that some returns for 2005 are outstanding. Please contact Margaret to ascertain the position, whereupon a permit for 2006 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.

Catch returns for 2004 - Find enclosed catch return graphs (Class 1) for shellfish for 2004 based upon the returns you have previously supplied. If there appears to be any errors or omissions, please let us know.

Catch Returns for 2005 - The final returns are still awaited from some, so Graphs for 2005 will be provided when vessel owners have submitted full data.

All change for 2006? - DEFRA (MFA - Marine Fisheries Agency) are now responsible for collecting crustacean (i.e. class 1) returns. As reported last year, DEFRA have extended their licensing such that all vessels commercially fishing crustacean shellfish need also to have a shellfish endorsement/ permit attached to that licence. With this also comes an obligation from 1 January 2006 to submit monthly returns and relevant vessels will recently have received a notification from the MFA office at Milford (or whichever MFA office administers your vessel) informing you of the procedures. You will be pleased to note that this form has been drawn up in conjunction with the SFCs and will satisfy your byelaw 41 obligation to provide returns under class 1 to the SWSFC as MFA / DEFRA will be forwarding copies to us. i.e. The submission of crustacean returns will now be to MFA / DEFRA ONLY and you have no need to copy these to SWSFC as MFA will do this for you. Class II and Class III obligations remain unchanged and you will need to continue to send these to SWSFC as normal. This arrangement will mean that you only have to fill in one crustacean catch return to one organisation as normal.

Further implications will arise as a result of this change:

1. Any questions you have on the new crustacean catch returns must be directed to DEFRA / MFA. SFC officers will of course be liasing closely with them.
2. We understand that the returns will need to be submitted monthly on monthly forms (The SWSFC had moved in recent years to 3 returns per year of monthly forms).
3. It will be for DEFRA / MFA to consider what feedback vessel operators receive (cf Annual summary graphs compiled by SWSFC) and ensure the accuracy of the returns.
4. SFCs with existing permit schemes (ours has run since 1980) will need to see how the scheme develops in practice. Certainly it is our intention to amend SWSFC byelaw 41 in due course as part of a further rationalisation review.

2. BYELAW 40 - BIVALVE MOLLUSCAN SHELLFISH - METHODS OF FISHING
Under this byelaw only HAND gathering of bivalves is allowed except under permission. i.e. Dredging especially for scallops, oysters, Ensis and other clams and mussels requires a separate and specific authorisation and has done so since 1997. However, the designation of European Marine Sites (and the ECJ of September 2004 - see below) has thrown this into sharp relief as permissions can technically only be granted in law, having first demonstrated upon the best scientific information the absence of a significant effect upon site features. This is a VERY onerous burden. Some in the industry will have heard about the rumpus associated with the NWNWSFC banning scallop dredging in some areas around the Lleyn which was a direct consequence of this piece of EU legislation. To date this has only affected some authorisations and we are finding our way through the technical and legal maze. The SWSFC issue of Deep dredging authorisations for Ensis in Carmarthen Bay & Pembrokeshire Marine SACs is a contentious issue at which SWSFC takes a different view to that of CCW & WAG on the significance of environmental disturbances and the degree of necessary control of fishing methods. This has led WAG to introduce a banning order for some equipment and a stated intention to extend this. So whilst the 2006 permissions for dredging will be extended largely as in previous years fishermen will see some changes:

a) For scallop fishing where our restrictions become more conservative to mirror the National SI introduced by the NAW in July 2005 (i.e. aggregate dredge width changes from 4m / 7m to 3.4m (except for mussel dredges) inside 3nm, and 15.5m becomes 6.8m outside 3nm).

b) It is possible that some further changes might come about in relation to oyster dredging in the Milford Haven, mussel dredging and deep dredging or alternatives. However any changes to these authorisations will be made on the basis of necessity, science and risk, and will be proportionate. Where possible we would prefer to see a voluntary approach.

3. SOUTH WALES SEA FISHERIES COMMITTEE MATTERS:

a) The Fishery Protection Vessel "Cranogwen" has now completed its refit as far as the hull, wheelhouse and deck machinery is concerned. But after over 18 years, the engines now need refurbishment work. Capability to launch the 6m RIB has been increased, and the modern wheelhouse electronics allow for better vessel tracking and seabed recording. Hopefully with less time in dry dock and fewer cockles to deal with, more time will be spent on the water next year. Watch the press/ website for court prosecution reports.

b) Staff changes - Fishery Officer M Tilling has, as you will probably be aware, transferred to the West sector. The Mid sector vacancy has been filled from 22 August by Ms Catherine Cox

c) Following expenditure on the vessel, scientific & environmental burdens and temporary staff, the Committee's financial reserves have been greatly reduced. Although its levy to local authorities is increasing at 11% per year it is still in real terms well below that in 1996/97 despite new burdens 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 (including Carmarthen bay) between 1st January and 14th February 2006 inclusive, except this year north of Linney head and Milford Haven.

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 stock and this is in hand. Review 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. Volunteers are needed to set pots in Carmarthen bay to obtain whelk size data to compare to that taken from the same area in 1997.

5. LOBSTER V-NOTCHING
You will be aware that the SWSFC was granted on 22 April 2005 up to £336,816 of EU Objective 1 funding through WEFO (75 % ) & NAW (25%) to purchase for return up to 24,000 female lobsters for V-notching. The scheme started in earnest on 1 July and has gone "great guns" since then - all credit to the Fishery Officers and an enthusiastic and supportive industry. By the year-end some 5350 lobsters have been released. The target now is for 9 - 10,000 animals over each of the next 2 years ending in Dec 2007. If there is some slippage, we have authority to run to 30 June 2008 at latest. The scheme has come to an effective close now due to high winter prices and reduced number of lobsters, but it is anticipated that it will kick in again "proper" in April. For more information and regular updates see our website www.swsfc.org.uk.

6. SKOMER MARINE NATURE RESERVE - NO TAKE ZONE?
As notified last year a byelaw was drafted and advertised for public comment and which identified the possibility of a restricted fish zone within Skomer MNR. The draft byelaw had considerable support from CCW, divers and conservation groups, but met with objections from some anglers and many commercial fishermen. Having considered all aspects, the Committee on 28 June decided not to proceed with the byelaw (in even modified state) which was withdrawn. Further details of the debate and decision are on our website.

7. EUROPEAN MARINE SITES i.e. (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 brought them within the full effect of UK law. Discussions on drafting a management scheme are continuing within Relevant Authorities (i.e. Statutory bodies) which will be put out to wider consultation in 2006/ 07 (depending on site). CCW produced draft 'Conservation Objectives' for public comment in July which detailed the nature of the features which underpin the designation of the site in the context of operations which may damage or disturb, and their current status.

The September 2004 judgement of the European Court (ECJ) is an extremely precautionary view. It makes it plain that fishery management must be treated like a 'development'. i.e. Actions must be prior assessed to ensure that they will not likely effect the features for which each site has been designated. Permissions can technically only be granted in law, having first demonstrated upon the best scientific information the absence of a significant effect upon site features. This is a VERY onerous burden.

Meetings with government officials and lawyers have been awaited since October 2004 and are still yet to take place; to identify the implications of this legislation. We make the point that if the judgement was to be taken as its apparent intention, then next to no fishing would be allowed within designated sites. Clearly some practical application must be found and we are pleased that CCW and others seem to realise this. However, it is clear that environmental assessments will be required before permissions / consents / permits or licences are issued under fishery management decisions. So for example, dropping a cockle size from 19mm to 17.5mm, or mussel size from 51 mm, authorising a dredge to fish an area, or issuing a whelk size dispensation, will no longet be confined to Committee decision upon instinct, previous practice or trial and error.

The practical and financial implications of this are burdensome. 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 to the European Commission by an environmentalist concerned about Ensis dredging and the work and restrictions which resulted as the Commission largely upheld that complaint. Proving the absence of an effect is exceedingly difficult task.

There is little doubt that in the future, management of sea fisheries will be a very different business to that undertaken in the past. The new Fishermen's Associations are involving themselves with such aspects and working alongside the SWSFC with other bodies.

8. FISHERY REVIEWS
Last year I mentioned that government departments were sifting through the consultation responses. 2006 will see these draw to a conclusion. A Marine Bill is in the offing in 2007 or 2008 and this should provide the review of the Fisheries legislation that we have requested for so long.

It also seems likely that an "All Wales" fishery management scenario will emerge - possibly as an all-singing marine environmental agency in the next decade, although this does not at present look to be the first choice of the NAW.

The Committee's expressed view is for an enhanced structure managing to 12 miles, possibly on an all Wales basis, which ensures that local decisions are taken locally and with the full and direct participation of those stakeholders affected. Inshore fisheries cannot be effectively managed by remote control from a distant bureaucracy.

9. BASS CONSERVATION
A DEFRA / WAG consultation is underway (http://www.countryside.wales.gov.uk) asking for views by 14 February on an increase in the MLS for bass from the current national / EU size of 36cm (SWSFC size is 37.5cm) to 45cm, and parallel increase in mesh size to 105mm (SWSFC has 100mm , rest of UK is 90mm). The initiative is promulgated by the above Fishery Reviews and desire of the government to follow initiatives promoted by the angling sector.

The matter is a complex one and was debated thoroughly within a recent meeting of the full Committee. It decided that there were many matters to which government ought to give fuller consideration before implementing such large changes including net size selectivity, EU catches and conservation, discarding, enforcement law, black - economy - licensing issues etc.

Nevertheless, from the perspective of the measures considered by the SWSFC in 1995 and compromise measures subsequently introduced, it seems that a 39 - 40 cm MLS and continuation of the SWSFC 100mm mesh size, but across the UK, would have some merit. Furthermore as part of the promised second stage consultation and provided it were introduced alongside a range of other measures, then a 42cm bass and 110mm mesh sized might have some merit, but this was as far as most members could see might ever be practicable given the range of other outstanding issues such as by-catch..

10. SWSFC WEBSITE
Our website at www.swsfc.org.uk contains much extra information on the committee and its work. It is the means by which we increasingly communicate to a wider audience, including any Fishery Notices.

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 2005

PS. As part of the Fishery Reviews the replacement of the SWSFC with some other body is a real possibility, so this might be the final Newsletter that you receive from the SWSFC as you have come to know it.