REPORTS
print
Return to Reports Home

DIRECTOR'S REPORT FOR THE QUARTER ENDING 30 SEPTEMBER 2004

WEATHER - Mixed and certainly not a glorious summer. However, periods of calm prevailed, especially in July. August was particularly wet and windy. The first week of September was settled and then the mixed, windy weather returned again.

FISHING ACTIVITY
FINFISH - Trawlers took mainly ray amongst mixed catches. The increased presence of Blonde ray is interesting to note. Netting for bass continued with some reasonable catches from marks throughout the district. Commercial rod and line angling also took place, depending on the weather and marks fished.

MOLLUSCS - Whelk fishing continued in Carmarthen Bay by eight vessels. Prices remained at £600 per tonne. Catches decreased as the water temperature rose, which is characteristic of the fishery.

COCKLES - The quarter was dominated by cockle matters, but for very different reasons. Reports confirm the shortage of larger legal (19 mm) cockle in the Burry Inlet and the growing efforts of license holders to find them. Nevertheless stocks of sublegal (17.5 mm to 19 mm) cockle were plentiful. The policy of either dropping the size or making allowance for undersize was continued, in order to 'thin' dense patches, particularly where the cockles were either held on high banks (and where growth would be poor) or where the July temperatures were causing 'heat stress', ie. Cockle gaping and at risk of desiccation.

It was obvious that some cockle - particularly those of the 2002 year class, were suffering. The CEFAS survey showed a substantial bed (>1000 tonnes) of cockle at Ochor Draw (Penclawdd) in an area not previously favoured by the industry because of poor accessibility, poor meats, poor growth and presence of shell. At industry's request the percentage small size allowance was increased, on the 29 July, to promote thinning. However, it was soon clear that the sizes were so small that, if a fishery was to continue, more drastic size reduction measures would be necessary. Industry called for sizes to be dropped, for the first time ever, to below 17.5mm, ie. In effect, to take everything except 2004 spat. They claimed that the cockle were dying and might as well be taken. The Committee's Biologist undertook further surveys of cockle and monitored any die-off, and reported to a Committee Working Group on 4 August. Some cockle die-off had taken place, but had been associated with hot weather in July. Matters appeared to have stabilized somewhat in the meanwhile.

Committee agreed the unprecedented action of taking a substantial proportion of cockle below even the 17.5 mm size, even though stocks of adult cockle elsewhere were extremely low. In other words, numbers of broodstock cockle was low and the industry would have to rely upon the hopeful survival of 2004 spat for its future.

As it happened, when the industry went into the area to fish, most of the cockle had died. It was clear that the cockle were extremely 'delicate' and something other than heat stress and high densities was causing a significant mortality problem - thus continuing the pattern first seen over a similar period in 2003.

Samples have been taken for histological examination by CEFAS (Weymouth). Indications are of a relatively high loading of cockle parasites of various species. However, the significance of this is yet to be reported and monthly sampling continues in order to establish a baseline.

The Industry then sought to gather 19 mm cockles from other areas - particularly the north side at Penrhyngwyn, and later at Penclacwydd.

Fishery Officers report the activities of gatherers at Ochor Draw in trying to draw protest and force the Committee to take action on cockle size, and then over their taking of <19 mm cockle when stocks were, in any case, depleted. In consultation with industry, Committee had agreed its willingness to drop the cockle size to 17.5 mm where patches were dense enough to support such action, or cockles were dying. No such cases were put forward.

Unfortunately, much effort had to be expended in enforcing a difficult situation and ensuring a sense of 'fair play' to all, and several license holders have been reported.

The endpoint is therefore a dire shortage of larger cockle (>17.5 mm), and the future of the cockle industry rests mainly on the prospects of one year class - that spawned in the Spring of 2004, and which is exceptionally heavy and widespread, but which will be vulnerable to normal over-winter losses. What few older cockles exist would be expected to be the mainstay of the broodstock. The cause of Summer cockle mortality in both 2003 and 2004 remains unknown and will not be at all easy to identify. Contributory causes could be complex. For 2005 the future looks grim and is dependent upon over-winter survival of spat, and the extent to which the Committee can reduce cockle size to 17.5 mm.

Elsewhere, cockles remained in short supply in the Three Rivers estuary as well. At Laugharne, historical holding areas have changed due to river movement, and were adversely affected by mussel settlement (since removed by vessel). A substantial 'patch' of cockle of <100 tonnes at Llansteffan was not sufficient to open the beds, but has been heavily poached by persistent individuals. Some have been apprehended, but the situation has been extremely difficult to contain, and onerous in terms of staff deployment. In many cases a policy of outright 'deterrent' has been necessary, rather than a policy of 'apprehension', depending on resource availability.

Some cockle fishing continued on the small cockle bed at Cwm Ivy (Whiteford Sands) by landing mainly to small boats. This bed is health classified. Similarly, cockle beds at Kilpaisson (Angle) of c <60 tonnes, and Pembroke River (c 1000 tonnes) have been identified and await health classification.

MUSSELS - Owing to the shortage of cockle, industry have targeted mussel earlier and more heavily than normal. Mussel beds at Machynys and Pwll (Burry Inlet north), and Wharley Point (Llansteffan) have been fished. Some erosion of the mussel beds is evident at St Ishmaels.

CRUSTACEANS - Fishing has been steady, if unexceptional, around the prevailing weather conditions. Generally, lobster catches have been very good with plenty of shellfish around the 90 mm minimum size and very many more being discarded. Other areas around the UK report similarly.

Spider crab catches have been very good and markets have, in the main, held up. Prices are variable, from only 20p per kg for small hens to £1.80 per kg for good cock fish.

Edible crab catches were down, but appeared to pick up later. Some believe that spider crab inhibit edible crab from entering the pots.

GENERAL
Fishery Protection Vessel operations were hit be a series of circumstances. The vessel was slipped for full refurbishment on 6 September. In mid August, problems with shaft seals meant emergency slippage at Appledore, where additional hull maintenance was also undertaken under the charge of the Senior Fishery Officer as the Master was on leave. The availability of parts, and the weather, delayed return to service by one week. RIB patrols were run in the meanwhile, cockle enforcement and staff availability permitting.

MARINE CONSERVATION OFFICER (MCO) - Colin Trundle, the Committee's first MCO, moved on to Cornwall SFC, for family reasons, at the end of August. He agreed to be paid for leave owing and was able to 'tidy up' surveys on Llansteffan cockle, Whiteford mussel, and a final small survey re Ensis dredging, before his departure.

At its 27 September meeting, the Committee agreed the urgent need for a replacement, which I think is a measure of the large impression he made of the job. We wish him well.

BASS MOVEMENTS - It is interesting to note that the recapture of a local bass for the fourth time, in a similar location and time to previous captures. Clearly some of these fish can be considered 'residential' despite know spawning migrations south. Might they yet be discovered to have the same homing ability as salmon?

DEFRA SHELLFISH LICENSING - As previously reported, DEFRA licensing took effect in 2004. Dispensations are available from DEFRA to land more than the daily limits for those licensed vessels without a shellfish endorsement. Catch returns will also be required to be submitted to DEFRA, although may, in the future, be collected by SFCs. These return requirements have been postponed to 2005 by CEFAS.

Crustacean management has historically been the preserve of SFCs. As we pointed out at the time, DEFRA's involvement has meant that things have got 'messy'. When government departments are more certain in their outlook and needs, the Committee will need to revisit its byelaw requirement.

(A) COUNT OF (A) INSEPCTIONS (B) TYPE OF INSPECTION FOR 2004
  PERIOD
NO OF
INSPECTIONS
NO
ACTION
OFFENCE
REPORTS
VERBAL
WARNING
TAGGED
OR SEIZED
  JANUARY - MARCH
110
83
3
11
13
  APRIL - JUNE
329
281
9
12
27
  JULY - SEPTEMBER*
248
234
2
12
0
  OCTOBER-DECEMBER
-
-
-
-
-
  TOTAL FOR YEAR
687
598
14
35
40

(B) PERIOD
NO OF
INSPECTIONS
NATIONAL
LEGISLATION
BYELAW
EEC
LEGISLATION
  JANUARY - MARCH
158
24
110
24
  APRIL - JUNE
617
144
329
144
  JULY - SEPTEMBER*
468
110
248
110
  OCTOBER-DECEMBER
-
-
-
-
  TOTAL FOR YEAR
1243
278
687
278

* Provisional figures. Any amendments to be shown on next quarterly report

NOTE: Some inspections are covered under more than one legislation and therefore can appear as more than one count in each period.

OUTSTANDING CASES - END SEPTEMBER 2004

TYPE OF FISHERMAN
ALLEGATION
DATE
COMMENT
2 unlicenced cocklers Gathering while beds were closed in Three Rivers estuary 20/11/03 Formal Caution
1 Licenced cockler Undersized cockle 26/2/04 Proceeding
1 vessel skipper/owner Netting in restricted area 24/4/04 Proceeding
person Vehicle in Burry Inlet and Obstruction 5/5/04 Abandoned
1 cockle gatherer Gathering on closed bed and fail to redeposit.
Obstruction
18/5/04 Proceeding
1 vessel owner Over length net without Permit. Fail to mark drift net.
Obstruction
19/5/04 Proceeding
1 licensed and 1 unlicensed cockle gatherers Removing undersized cockles without licence.
Aid and abet.
15/7/04 Proceeding
1 cockle gatherer Gathering on closed beds in Three Rivers.
Obstruction
3/8/04 Proceeding
2 licensed cockle gatherers Removing undersized cockles 23/8/04 Proceeding
1 licensed cockle gatherer Removing undersized cockles.
Obstruction
8/9/04 Proceeding
1 netsman Unauthorised stake net in Burry Inlet. 9/9/04 Considering
2 netsmen Drift netting in Three Rivers bass nursery area. 11/10/04

Considering

CONCLUDED CASES - END SEPTEMBER 2004

CASE ONE
DEFENDANTS
1. PHILIP WYN EDWARDS, 39 Florence St., Llanelli.
2. BRYN LEE BOWEN, 4 Bowen Terrace, Llanelli.

CHARGES
(Both) Removed cockles from the Three Rivers cockle beds when they were closed. Contrary to Byelaw 24 'Temporary Closure of Shellfish Fisheries'.

COURT SCHEDULE
7 June 2004; case listed but summonses not issued in time for adequate service. Adjourned
5 July 2004; defendants attend represented by Llanelli solicitors. Guilty pleas entered

FACTS
On Wednesday 29 October 2003 the defendants were observed to be gathering cockles on beds near Ferryside. Each was gathering into a sack. An inspection upon leaving the beach revealed a total catch of 73.5 kg in excess of the combined daily allowance of 16 kg. An estimate of the market value was £50
Both defendants admitted knowing the beds were closed. They were both holders of Three Rivers permits on the last occasion the beds were open.

MITIGATION
Both defendants said they were gathering for extended families and had not intended to sell the cockles.

SENTENCE
There were no previous fisheries matters listed against either defendant.
They were both fined £100 and ordered to pay £40 costs (full application)

CASE TWO
DEFENDANT
PETER GEORGE DAVIES, 117 Dolau Fan Rd., Burry Port, Carms

CHARGES
Fished a length of net exceeding 100 metres without being the holder of a boat permit. Contrary to byelaw 'Boat Fishing (Catch Returns) Permit'.

A further charge of failing to mark the buoys attached to the net was abandoned by negotiation.

COURT SCHEDULE
26 August 2004; defendant attends and is unrepresented. Guilty plea tendered.

FACTS
On 13 May 2004 Fishery Officers were patrolling in the 6.0m RIB at the mouth of the Burry Inlet near Whiteford Point. A small boat with a single occupant was observed and a net was being hand hauled. The boat bore no registration marks.

A subsequent boarding and inspection revealed 6 bass and 1 mullet. The defendant admitted the net was in the region of 200m in length but said he had brought the wrong net to sea. The fish and net were seized, the latter measuring 214 m.

MITIGATION
The defendant apologised to the court for his mix up with the nets; he had now marked them to avoid a repetition. He had been a commercial fisherman of previous good character for many years and also a member of SWSFC. He said the net was only 25 meshes high and as such was of limited catching ability.

SENTENCE
There were no previous fisheries offences to consider.
The court was of the view that there had been a genuine mistake; it imposed a 12 month Conditional Discharge and ordered payment of costs in the sum of £75 (full application).
The fish and net were ordered to be forfeited for destruction.

CASE THREE
DEFENDANTS
1. STEVEN WHELAN, of 8 Glenmere Crescent, Bispham, Blackpool, FY5 1QD (Skipper)
2. DAVID CHILVERS, of 11 Swan Drive, Thornton, Cleveleys, Lancs, FY5 3FA (Owner)
3. PAUL WHITESIDE, of 27 Romney Avenue, Fleetwood, Lancs, FY7 8 BW (Owner)

CHARGES
In respect of all three defendants respectively:
Between 22 and 23 April 2004, in Carmarthen Bay; being the skipper/owner of the vessel, which used an instrument of fishing namely a trawl, from a vessel which had a capacity greater than 150 capacity units. Contrary to Byelaw 'Maximum Vessel Size'.

COURT SCHEDULE
3 September 04; Matter listed for first call on when the defendants requested an adjournment.
24 September 04; Solicitor (Haverfordwest) appears for the defendants who do not attend court. Guilty pleas entered.

FACTS
In the late evening of 22 April 04 the Patrol Vessel detected a vessel by radar in the east of Carmarthen Bay. Further inspection indicated it was showing ordinary navigation lights but its slow speed and manoeuvres suggested it was fishing.

Rapid closure of the vessel was achieved by the deployment of the inspection RIB which identified the fishing vessel 'ISADALE' from Fleetwood; trawl gear was deployed and fishing. She was 6 miles from the nearest land (Worms Head) but was still almost 3 miles inside the District boundary.

Fishery Officers boarded the vessel and instructed that the fishing gear be hauled. The skipper was interviewed and claimed ignorance of the byelaw.

The catch on board comprised 6 stone boxes as follows; 5 bass, 2 ray, 2 cod, 2 dover sole/mixed flatfish.

MITIGATION
It was said that a genuine mistake had been made as confusion had arisen due to the different regulations in force in South Wales in contrast to North Wales where the vessel usually fished.

The vessel had fished most of its time outside the Committee's district and had only strayed in during the latter part of it's operations. It was claimed the vessel would have been entitled to fish under the current byelaw but the owners had not made an application in time.

The owners who admitted strict liability were said to be 'tucked up in bed at the time' of the incident.
National quota restrictions had caused the vessel to be visiting the area and whilst it was too large for this District it was not a large vessel in the offshore context. This section of the industry was being hard hit and faced further restrictions.

SENTENCE
There were no recorded previous fisheries convictions.
Whelan, the skipper, was fined £1000. Whiteside and Chilvers, the owners were each fined £750. All were ordered to pay £70 costs (full application).

The court was reminded that both fishing gear used and fish taken in contravention of byelaws was liable to seizure and subsequent forfeiture. As seizure had been impossible in the circumstances no such application had been made but the court was invited to take this issue into consideration in determining the level of penalty.