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DIRECTOR'S REPORT FOR THE QUARTER ENDING 30th SEPTEMBER 2005

WEATHER : Warm, hot even and generally settled. Still, hot weather persisted throughout July and most of August. In late August early September the settled weather broke. There were no gales and few days were lost to fishing. The still conditions and absence of weather and swells from the south and west meant that water clarity was good in July and August.

The conditions saw trigger fish, sun fish, leatherback turtles, dolphins (Common, Bottle-nosed and Rissoe), whales (Pilot, Fin and Minke), and porpoise reported from various parts of the district as far east as Porthcawl.

Mackerel were prolific and bait fish were widely reported - all perhaps encouraging predators to come further inshore where the generally calm conditions allowed them to be spotted.

FISHING ACTIVITY
Finfish : Trawling was limited to those catching bass, ray and plaice. In Swansea Bay it was suggested that plaice catches had largely replaced dabs - possibly as a result of mussel seed settlement? The larger trawlers (including those with historic entitlements) took many good catches of legal sized bass and allegedly landed up to 400 stones at a time. Few fish would have made the new proposed 45cm size and much of the catch would have been below 37.5 cm legal size and dumped - believed to be as much as 80% on one inshore mark in Carmarthen Bay in August. Some of this washed ashore dead. The 2002 bass year class appears very prolific - currently at 20-25 cm in size. 2006 is likely to see this straddle the Committee/EU size of 37.5cm / 36cm respectively and give rise to enforcement issues.

Some netting took place, but the early presence of 'may weed' gave way to unfavourable clear waters resulting in night fishing only being productive. Instead many of the participants were believed to have shifted to cockle fishing.

Molluscs
Whelk : continued to be caught from Carmarthen Bay fetching £600 per tonne. As the water warmed so the whelk went 'off the feed' and catches dropped. Whilst this is typical of the time of the year, the warmer than usual waters hit landings for longer. Accordingly, landings which were +20% trended to average by the quarter end.

Cockles : Again the Fishery Officers' reports are dominated by the events within the cockle fishery. The report of the previous quarter indicated the commencement of what transpired to be a very heavy mortality of cockles in the Burry Inlet. By late in June under the calm, hot weather, the cockle mortality had spread to all areas within the Burry Inlet. Whilst the high cockle densities, hot air and warm water were undoubtedly the main cause it is likely that some other, currently unknown factor, had a contributory effect. Certainly hotter conditions have been experienced in recent history without any untoward effect on cockles; and even this year cockles in the neighbouring Three Rivers Estuary generally did not show such a reaction. Over a period of several days on two or more occasions, several thousand tonnes of cockles died mainly on the Llanelli side of the estuary causing a 'stink' in the town centre, and much media comment. We estimate that of the order of 70-80% of the cockles died during this 2 month period. These were of the 2004 spawning which was the largest in living memory. Had they survived and grown, then the arising ca15,000 tonnes of adult cockle might have been expected to have been worth c £7.5m. Environment Agency and Carmarthen County Council are jointly looking into the circumstances which seemed to coincide with several leaks of sewage from the Llanelli area. Burry Inlet licence holders continued to fish cockle from the lower shores at Llanrhidian, Burry Port and latterly middle bank, to the Committees' reduced 17.5mm size. In all they took c 286 tonnes, plus a further 20 tonnes from Whiteford Point. The latter was closed for a period 30th June - 5th August to let cockle grow, but opened to a 17.5mm size on signs of mortality there too.

Elsewhere the Officers' reports show the nature of the cockle fishery in the Three Rivers. July surveys indicated there to be over 12,000 tonnes of cockles present mainly at Llanstephan and in the Gwendraeth - mostly again the product of a successful spawning in 2004.

Whilst the Committees' Officers were preparing for a September opening of the fishery in consultation with other agencies, and the issue of permits, a further cockle mortality occurred at Llanstephan / Laugharne entrance, this time in late July running into early August. Even though the fishery opening was brought forward to the 11th/12th August following the issue of > 1300 permits on the 5th August, this was not soon enough to prevent the mortality. It is believed that between 5-6,000 t cockle died which was undoubtedly the best cockle in the estuary valued at c £4-£6m.

Whilst the mortality events were unprecedented and could not have therefore been foreseen, officers would nevertheless have preferred to have opened the 3 Rivers fishery sooner for a short time to achieve some thinning of stock. Unfortunately the obligatory issues of permits upon demand and consultation mechanisms behind this mitigated against such action.

Fishery Officer reports detail the difficulties of managing the cockle fishery openings at Llanstephan (Thursdays & Fridays) and Gwendraeth / Ferryside (Mondays & Tuesdays) of each week. Principally the fact that the tide ebbs twice a day on all areas, some of which uncover cockles for 20 hours in every 24, 'Poaching' events could only be stopped by stationing Officers at every site all of the time - a practical impossibility for the Committee and its few officers.

Fishery Officers did a stirling job in exceptionally difficult circumstances by rotating efforts between permit checks, checking for illegal equipment (net bags), and enforcement of prohibited areas and times (day and night). At the same time they were charged with over-seeing all the other district fisheries, running the Fishery Protection Vessel and implementing the EU aided V-notching scheme.

The reports also show the lengths to which some in the industry will go in order to evade apprehension. Lookouts, runners, abandoned & secreted cockle bags, vehicles driven without lights, false number plates, night detection devices etc. were all used. Violence has been threatened and, on one occasion, used. But perhaps the most difficult element was the use of Gangmasters who deployed foreign 'migrant' workers - supposedly mainly of Polish origin. Officers tried to target Merchants and Gangmasters in order to prevent such activities seemingly with some success in the end. Unfortunately, as we have continually said, fisheries laws require amendment to bring such people and persistent organized transgressors to account. Meanwhile, not all got away 'scott free' - far from it. Tonnes of cockle were seized, as were several hundred net bags. Vehicles became bogged down and lost - one having hit a wreck at low tide whilst driving without lights, and with all occupants allegedly being thrown through the windscreen. Fortunately, accidents generally were less serious than they otherwise might have been whilst the HSE were ever vigilant to the various difficulties associated with this industry.

Notwithstanding the above difficulties, and associated disturbance, (noise, litter) to the Community the management on fishery grounds was a relative success. By the September end some 6439 tonnes of cockles had been removed - mainly from the Gwendraeth, valued at c £3.64m (first sale). Processed , collective values would have been much higher than this. The combined figures hide a multitude of variation, with prices ranging from £1500 per tonne for large (Cefn Sidan) cockle to £376 / tonne at Llanstephan arising from poor quality meats / excessive shell waste.

Despites the significant mortality of cockles at Llanstephan, in mid September the cockle biomass in the estuary as a whole remained at around 6,700 tonnes. This arises (5,000t lost, 6,439t taken, 6,700 left) from a July stock of c 12,000t because of fast cockle growth over the course of the summer.

Whilst numbers of people commenced at c 1,000 per day these reduced to c 350-400/day in the Gwendraeth at the period end and were predicted to fall further as the season runs on and cockle stocks thin.

The Laugharne branch of the estuary was kept closed throughout in order to protect juvenile cockles.

Pembroke Dock remained open on Wednesdays fortnightly, but was not fished due to opportunity elsewhere.

Mussel : Intertidal stocks are not fished until the early autumn. Interest therefore rested upon the activities of authorised mussel seed dredging vessels to supply private (Several) fisheries. Three companies were involved (1 local, 2 from North Wales). Figures will be collated by the year-end but will amount to several thousands of tonnes from several sublittoral sites - each of which may itself have held several thousand tonnes. Mussel seed settlement in 2005 has indeed been heavy in Swansea Bay/Mixon, Pwlldu, Port Eynon, Worms Head and Caldey Island. The latter are the subject of specific assessment in conjunction with CCW as they lie within an SACs (Special Areas of Conservation). Mussel has also again settled at Whiteford Point, comprising 2004 and 2005 settlement. Industry considered that the latter was unlikely to grow sufficiently to facilitate harvesting and their fate would have to await the outcome of winter storms. Similarly that of the 2004 year class was that which had survived last winter. Permission was given to fish the stock in the circumstances and some c 380 tonnes was taken by the one Company applicant.

Winkles : Effort appears higher than normal perhaps encouraged by the high (£1200/tonne) prices. The 'nomadic' behaviour of individual pickers on what can be isolated shores, is difficult to monitor.

CRUSTACEANS : The industry entered full swing, making the most of the good weather. Landings of lobsters, spider crab and velvets were said to be good, whilst those for edible crab continued to be poor. The latter tends to be an autumn fishery anyway, but even so, landings were down on normal - perhaps due to the warm water?

Landings of Spider crab continued to be rationed and restricted to larger shellfish.

The Committees' lobster V-notching scheme kicked off in early July with 'gusto' - both the Fishery Officers and the industry were rearing to go. By the end of the quarter over 3500 lobsters had been notched and returned - a quite remarkable achievement considering the other pressures upon the Committees' six working Fishery Officers.

Lobsters claw banding has been established in order to (a) quickly identify V-notched animals and (b) identify the extent of broadscale area movement. It is intended that the Biologist will augment this in 2006/07 through the use of streamer tags from which detailed movements of each animal can be ascertained.

Against the above backdrop, it is disappointing to note that some within the industry are tempted to take lobsters below the Committees' 90mm minimum size. A prosecution of lobsters taken from the Cardiff area and three cases pending for the Milford area are highlighted. This just shows the importance of the Committee having an active Fishery Officer presence and of not becoming too preoccupied by short- term cockle problems, as is so easily done.

GENERAL
Senior Fishery Officer continued to be off on sick leave for the whole quarter. Credit goes to acting SFO M Hamblin who has ably filled the gap and led by example.

The Marine Conservation Officer (Biologist) has been very busy mainly on cockle/mussel surveys and in recruiting some survey assistants from students and by way of grant aid application.

Steering problems sadly again became apparent on the FPV Cranogwen. Having (again) limped back to port Officers have (we hope) managed to isolate and resolve the problem - hopefully for good. A 'well done' is due for fixing a problem that appeared to have had the professionals stumped.

In conclusion. Whilst the summer period is inevitably the busy quarter, for the above reasons 2005 might go down as the busiest and most difficult in the Committees' history. This has impacted upon all officers in post and without exception.

I am sure that the Committee would wish to join me in saying a big 'thank you' to one and all.

(A) COUNT OF (A) INSEPCTIONS (B) TYPE OF INSPECTION FOR 2005
  PERIOD
NO OF
INSPECTIONS
NO
ACTION
OFFENCE
REPORTS
VERBAL
WARNING
TAGGED
OR SEIZED
  JANUARY - MARCH
42
42
0
0
0
  APRIL - JUNE
1069
1066
0
2
1
  JULY - SEPTEMBER*
1933
1734
11
188
0
  OCTOBER-DECEMBER
-
-
-
-
-
  TOTAL FOR YEAR
3035
2837
11
186
1

(B) PERIOD
NO OF
INSPECTIONS
NATIONAL
LEGISLATION
BYELAW
EEC
LEGISLATION
  JANUARY - MARCH
64
11
42
11
  APRIL - JUNE
1433
182
1069
182
  JULY - SEPTEMBER*
2011
39
1933
39
  OCTOBER-DECEMBER
-
-
-
-
  TOTAL FOR YEAR
3497
231
3035
231

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

OUTSTANDING CASES

TYPE OF FISHERMAN
ALLEGATION
DATE
COMMENT
4 Cockle gatherers Gathering and vehicle on closed Three Rivers 23/5/05 Considering

3 Cockle gatherers Night gathering undersized on closed Three Rivers 4/7/05 Considering

1 Shellfisherman Undersized lobsters
Obstruction of FO
27/7/05 Considering

3 Cockle gatherers Vehicle in Three Rivers 2/8/05 Considering

3 Cockle gatherers Gathering on closed Whiteford Pt 5/8/05 Considering

1 Shellfisherman Undersized lobsters
No vessel permit
16/8/05 Considering

1 Shellfisherman Undersized lobsters
No vessel permit
17/8/05 Considering

1 Cockle gatherer Gathering and vehicle on closed Three Rivers. Obstruction. 19/8/05 Considering

1 Cockle gatherer/gangmaster Gathering on closed Three Rivers. Aid and abet other similarly 24/8/05 Considering

3 Cockle gatherers Gathering on closed Three Rivers using illegal instruments. 28/8/05 Considering

5 Cockle gatherers Gathering on closed Three Rivers. 28/8/05 Considering
1 Gangmaster Gathering on closed Three Rivers. Aid and abet 27/9/05 Considering
3 Cockle gatherers Gathering on closed Three Rivers at night. Undersized cockle 29/9/05 Considering
1 Cockle gatherer Illegal instrument. Obstruction 30/9/05 Considering
3 Cockle gatherers Gathering on closed Three Rivers. Aid and abet others 1/10/05 Considering
1 Shellfisherman Undersized lobsters and v-notched 3/10/05 Considering
1 Cockle gatherer Gathering on closed Three Rivers at night 5/10/05 Considering
3 Cockle gatherers Gathering on closed Three Rivers 7/10/05 Considering
6 Cockle gatherers Gathering on closed Three Rivers 7/10/05 Considering
1 Cockle gatherer Gathering on closed Three Rivers 9/10/05 Considering
2 Cockle gatherers Gathering on closed Three Rivers 9/10/05 Considering
2 Cockle gatherers Gathering on closed Three Rivers 9/10/05 Considering
3 Cockle gatherers Gathering on closed Three Rivers 9/10/05 Considering
1 Merchant/buyer Aid and Abet Gathering on closed Three Rivers 24/10/05 Considering
2 Cockle gatherers Gathering in Burry Inlet without licence 6/10/05 Considering
1 Merchant/buyer Aid and Abet removal of undersized cockle 24/10/05 Considering
Gangmaster/supervisor Aid and Abet Gathering on closed Three Rivers 16/10/05 Considering
3 Cockle gatherers Gathering on closed Three Rivers at night 21/10/05 Considering
1 Merchant/buyer Aid and Abet removal of undersized cockle 24/10/05 Considering
1 Merchant/buyer Aid and Abet removal of undersized cockle 25/10/05 Considering
1 Merchant/buyer Aid and Abet removal of undersized cockle 25/10/05 Considering
2 Cockle gatherers Gathering in Burry Inlet without licence. Obstruction. Illegal instruments 2/11/05 Considering
3 Cockle gatherers Gathering on closed Three Rivers at night. Illegal instruments. Vehicle on sands. 2/11/05 Considering
2 cockle gatherers Gathering on closed Three Rivers 5/10/05 Formal Cautions
2 Cockle gatherers Gathering on closed Three Rivers at night 5/10/05 False identities and plates on vehicle.

CONCLUDED CASES - END SEPTEMBER 2005

There was one concluded case during the quarter:

DEFENDANTS
PHILIP VANDERVOLK, 2 Palmer Street, Barry, Vale of Glamorgan.
MICHAEL MILES, Ty Cld, Wellfield Rd, Marshfield, Gwent

CHARGES
Respectively land and store 8 undersized lobsters.
(Charges were brought under EU Regulations due to the uncertainty of the origin of lobsters found at a premises ashore).

COURT SCHEDULE; Cardiff Magistrates Court;
11 July 2005; First call, defendants fail to attend but submit guilty indications by letter. Case adjourned.
25 July 2005; Defendants attend; guilty pleas entered.

PROSECUTION CASE
On 9 December 2004 Senior Fishery Officer Haydn Morgan acting on information received, inspected an angling tackle supplies shop on the Penarth Road in Cardiff. In the rear of the shop was a live tank containing 10 lobsters; 8 were below 87mm; 1 was below 90mm in size.

Defendant Miles, the shop owner, conceded that the lobsters had been caught and landed from a registered fishing boat in his ownership, skippered on his behalf by Defendant Vandervolk. He claimed to be storing the fish for his own consumption rather than for sale.

Defendant Vandervolk attended the shop and admitted landing the lobsters. He told the Officer they were part of a relocation exercise he had been conducting, moving small lobsters from Aberthaw to Sully Island, but could not account for why they had not been replaced at Sully.

The lobsters were seized and returned to the sea at Penarth.

MITIGATION
The defendants were unrepresented. Miles was aware of minimum size regulations but had not checked the lobsters when they were put in the tank. Vandervolk also knew about minimum sizes but didn't know relocating would also constitute an offence.

SENTENCE
Both men were fined £400 each and ordered to pay £100 costs each (full application).