Loughs Agency Headquarters, Prehen

Transcription

1 70 th MEETING OF THE FOYLE CARLINGFORD AND IRISH LIGHTS COMMISSION Attendees Wednesday 26 th October 11am Loughs Agency Headquarters, Prehen Present Tarlach O Crosain (Chairman) Joe Miller Alan McCulla Jim Wilson Denis Haughey John Byrne Winston Patterson Enda Bonner In Attendance - Loughs Agency Derick Anderson CEO John Pollock Director of Corporate Services John McCartney Director of Conservation and Protection Gerard Mills Director of Development Barry Fox Director of Aquaculture and Shellfisheries Laura McCready (Minutes) 1. Apologies Jacqui McConville (Vice Chair) Thomas Sloan Brendan Byrne John Mulcahy 2. Minutes of the Previous Meeting The minutes of the previous meeting were agreed as an accurate record. Proposed Enda Bonner Seconded Alan McCulla 3. Reserved Minutes There were no items reserved from the last meeting.

2 4. Matters Arising Chairman welcomed all to the 70 th Meeting of the Foyle Carlingford and Irish Lights Commission. Best wishes were passed to Thomas Sloan who was unable to attend the meeting as he was unwell. 5. CEO Report CEO advised the Board that the eighteenth North South Ministerial Council Aquaculture and Marine meeting was held in the NSMC Joint Secretariat Offices, Armagh on 14 October 2011 and provided the Board with the Joint Communiqué from the meeting. He added that the meeting was attended by Fergus O Dowd TD, Minister of State, Department of Communications, Energy and Natural Resources, Michelle O Neill, MLA, Minister of Agriculture and Rural Development and Nelson McCausland, MLA, Minister for Social Development. CEO advised that the Ministers were very enthusiastic about the presentation given by Gillian Simpson, the Agency s Information Officer, in relation to the outreach programme. RESERVED CEO provided the Board with a draft letter to be issued to Minister O Neill MLA and Minister Rabbitte TD following their approval. CEO explained that the basis for the letter was frustrations the Agency were experiencing delivering Regulations in the marine species and aquaculture sector stemming from different views in the North and South. CEO added that it had been stated in Dáil Éireann that the Agency had full remit over Lough Foyle and Carlingford Lough but this was not the opinion in the North with the Departmental Solicitors Office. CEO explained that this letter had been drafted following a meeting with Senior Counsel s Peter King. CEO sought Board approval for the Agency to meet with Minister O Neill in relation to the terms of the letter. Proposed Denis Haughey Seconded Joe Miller CEO advised the Board that Minister Michelle O Neill MLA had asked to visit the Agency on 2 nd November 2011 to meet the field staff who had been attacked recently. CEO added that the Agency very much appreciate the support given to staff following a very difficult season.

3 6. Directors Report The Board were provided with updates from the Senior Management Team each giving a brief overview on their respective areas. Conservation and Protection John McCartney, Director of Conservation and Protection provided the Board with the following short report; Since the last Board meeting, conservation and protection staff have continued to be very busy and at times stretched. The Lough Foyle Oyster fishery opened on the 19 th September 2011, the opening was very busy with a number of infringements detected early in the season. The North South Ministerial Council Aquaculture and Marine meeting held in the NSMC Joint Secretariat Offices, Armagh on 14 th October 2011 approved the Foyle and Carlingford Area (Tagging and Logbook) (Amendment) Regulations These Regulations amend the Foyle Area and Carlingford Area (Tagging and Logbook) Regulations 2001 by prohibiting the possession of forged or altered tags. Previously under section (e) of regulation 5 (Prohibitions) of the Foyle Area and Carlingford Area (Tagging and Logbook) Regulations 2001, it was an offence for a person to forge or alter any tag or cause or permit any tag to be forged or altered. However when the Loughs Agency brought a case before the courts for a breach of this Regulation the District Judge ruled against the Agency, on the basis that the Agency could not prove beyond a reasonable doubt that the defendant had forged or altered or caused the tag to be forged or altered. The implication of this decision was that Agency staff would have to witness this act being carried out. Given that carcass tags are issued to those persons who buy licences, and that those people then have the tags in the privacy of their own homes; it is neither possible nor practical for Agency staff to witness their alteration. The Agency therefore changed this section to make it an offence to be in possession of a forged or altered tag. Salmon poaching continues to be a serious issue, with the emphasis changing to the upstream areas of the fisheries.

4 Consultations An updated schedule of Regulations in development and consultations is attached for discussion by the Board members. Responses to the consultation to amend the Foyle Area and Carlingford Area (Angling) Regulations 2001are currently being considered by the Agency before presentation to the DARD legislative committee in Stormont. These proposed amendments were requested by Loughs Agency angling stakeholders, and proposed three regulatory changes; to amend the salmon catch and release hook maximum size of 7 mm to 12 mm; to prohibit the killing of Pike in the Loughs Agency area; and to extend the area of compulsory catch and release for salmon to the remainder of the River Foyle. The consultation ran for 12 weeks and ended on 23 rd September 2011 and received 21 responses. A summary of the responses is presented below; Percentage of responses by sector

5 Summary of Views by issue To amend the salmon catch and release hook maximum size of 7 mm to 12 mm; To prohibit the killing of Pike in the Loughs Agency area To extend the area of compulsory catch and release for salmon to the remainder of the River Foyle The Loughs Agency Trout strategy and the Agency consultation process are both out to stakeholder and public consultation remain ongoing. Health and Safety Since the last Board meeting there have been a series of minor confrontations, none of which precipitated any assault on staff. There have been no recorded accidents, and the Health and Safety Committee have agreed to focus on stress in the workplace.

6 Fish Counters 2005 Sept 2006 Sept 2007 Sept 2008 Sept 2009 Sept 2010 Sept 2011 Sept Faughan Finn Sion Mills Roe Corrick Newry Not Not Not 38 Omagh available Not available available Not available available Not available Enforcement Actions In 2011 so far, Agency staff have dealt with 45 rod related offences, and 40 seizures. Agency protection staff have also seized 153 illegal nets, 12 boats, 2 cars as well as various other items including a fish trap, 5 knives, hatchets, hammers and batons. Staff have dealt with 60 pollution incidents, and taken 8 sets of statutory samples. The seizures are illustrated on the map below; 120 In a court hearing held in Carndonagh court Oyster fisherman s representatives were fined for carrying out a protest fish in Environmental Issues John McCartney provided the Board with the agreed press release from the recent Salmon Summit held in La Rochelle, France. The

7 corner stone message of the conference is very alarming, it was agreed by all scientists that wild Atlantic salmon are dying at sea in alarming numbers. Southern stocks including some in North America and Europe are threatened with extinction. Loughs Agency must ensure that it continues with its work in combating poaching and pollution as well as ensuring that issues of habitat restoration and preventing barriers to migration if the species is to survive. Development Gerard Mills, Director of Development provided the Board with the following report; SCENE/Queens University Belfast Project Bid has been made and submitted to Special EU Programmes Body by 10 th of July 2009 Outcome Draft letter of offer has now been received. In Progress INTERREG IV Marine Tourism The Agency is currently negotiating with the Special EU Programmes Body to finalise the maintenance costs of the pontoon. Sustainable Development Business Case Sustainable Development Fund was approved however the Agency has been advised that State Aid Rules may apply and we are currently working through the process for this assessment with our Sponsor Departments. Projects underway Whitewater project is now underway with approval of Newry and Mourne District Council. Progress reports will follow. Additional consideration is now been given to the interpretative element of each of the projects with Northern Ireland Tourist Board and Newry and Mourne District Council. Designs for Cranfield amenity area and beach front completed project will be subject to funding. Funding application submitted to Northern Ireland Tourist Board 30 th June 2011 and 31 st August 2011.

8 Newry Canal Parking Department of Regional Development have agreed to site survey the canal to see if hard standing can be installed at suitable locations along the canal, these would be done under a micro scheme. Newry and Mourne District Council. Phase 2 of this has identified two further locations and an Memorandum of Understanding is now in place with Department of Regional Development Roads Service. Carlingford Oyster festival Festival complete an evaluation report will follow in due course. Heritage week Complete - an evaluation report will follow in due course. National Coarse Fishing Federation of Ireland Juniors The NCFFI participated in the Celtic Cup in Scotland in early August and won, additional prize giving was attended at Gaulmoylestown Carp Fishery in Mullingar. Condition Surveys Surveys have now been carried out on Bessbrook Pond and Donaghaguy Reservoir and a preliminary assessment of Newry Ship Canal to determine future development needs. Newry and Mourne District Council have welcomed the designs which have been completed the Agency will seek funding for these along with Newry and Mourne District Council. Camlough Masterplan The draft Masterplan for Camlough is now in place progress updates will follow. Discussion will take place with Council to determine any works planned. We are currently looking at funding options with Newry and Mourne District Council. Omeath Environmental Improvement Scheme The launch of the EI scheme took place Friday 26 th of August 2011 with the second Phase of the scheme now designed. We are currently looking at funding options with Louth County Council. King of the Canal 25 anglers from all over Northern Ireland have participated in the King of the Canal competition on Newry Ship Canal a report will follow.

9 Carlingford Coastal Path Preliminary assessment survey has been completed by Louth County Council. Counters for Lay-by s on Newry Canal Costings have now been taken from two suppliers. Progress reports will follow. Gerard Mills advised the meeting that the latest figures were in for the counters at Dundrum, Whitewater and Narrow Water. Gerard added that there were currently 38,000 visitors through Dundrum Main Street until May 2011, 15,000 visitors through the counter at Whitewater and 5,000 through at Narrow Water. Gerard added that the counter at Narrow Water was a pedestrian counter so had been expected to be lower than the Whitewater counter. Gerard also advised that the analysis of this would be in the Annual Report. Aquaculture and Shellfisheries Barry Fox, Director of Aquaculture and Shellfishes provided the Board with the following report; Native Oyster Fishery The native oyster fishery has recorded landings of approximately 36 tonnes for the first three weeks of the season. It should be noted that a significant number of non return of log sheets has occurred and the landing figure is expected to be significantly higher once these are received. Lough Foyle Carrying Capacity Model Further preparations have been made to develop this project which include meeting with AFBI to investigate the potential for upgrading the 2D model developed for Lough Foyle. Barry advised the Board that the meeting had been cancelled and would be rescheduled in the near future. Aquaculture Licensing Regulations The Aquaculture Licensing Regulations have been amended and are now with the Departmental Solicitors Office for approval. Management Agreement The Agency wrote to Minister Rabbitte and Minister Coveney highlighting their concern over delays by the Department of Agriculture Fisheries and Food in progressing the management

10 agreement for Lough Foyle. A holding letter has been received and is included in the board papers for your information. Keep Box for Mussels at M4 Foyle for use in Shellfish Hygiene sampling The keep box has been stocked and deployed. We collected mussels for the keep box on 27 th September 2011 (at low tide 12:32-13:32) from intertidal mussel banks at Balls Point adjacent to the M4 site ( N W). The mean length of mussels was mm and the mean number of mussels (wet weight) per kg was Loughs Agency plans to keep an eye on growth and flesh weights of mussels in the keep box to ensure labs receive the required flesh weight for analysis. We collected enough mussels (allowing for mortality) to give us approximately 6 months worth of samples. The keep box was deployed at an agreed site within M4 (55⁰ N 007⁰ W) on 29 th September The first intended use of this keep box will be 14 th November 2011, allowing for slightly more than a month for acclimatisation. Part X Licences It has been decided that Part X Licences for Shellfish Dealers will be enforced from January This is in agreement with the Conservation and Protection Directorate. The Shellfish and Aquaculture Directorate have created an information pack that will be sent out to dealers by end October The information pack will contain summary notes and guidance for Part X Shellfish Dealers Licence applicants on how to go about the process. The pack will also include the legal forms issued by Loughs Agency which are necessary in order to complete the process and the relevant legislation. This information pack will be sent out to all of the shellfish dealers who received prior notice of the impending change to legislation in February How to apply to a Part X Shellfish Dealers Licence (See Figure 1) 1. Applicant must apply to District Judge for Certificate of fitness for each premises 2. Applicant must inform Loughs Agency of intention to apply for Certificate of Fitness 3. Date/time issued for court hearing. 4. Applicant will inform Loughs Agency of date/time of hearing.

11 5. Court hearing. 6. Certificate of Fitness awarded. 7. Application for Part X licence made to Loughs Agency. Certificate of fitness included. (NOTE: if renewal original certificate of fitness not required). Fee must be included. 8. Loughs Agency Issue Part X Licence. 9. Applicant must display Part X Licence, specific to each premise, at premises. Bird Survey Ten sites have been selected for the bird survey on Carlingford Lough. There are five sites on each shore. Sites represent a suite of uses from recreational to aquaculture and undisturbed. The aims is to ascertain if disturbance and or disturbance type has an impact on bird presence/absence and behaviour. (Methodologies for this work were presented at the last board meeting). Sites are currently under review and habitat maps are being created for each site. It is anticipated that the bird survey will begin in November Lesser Spotted Ulster Lesser Spotted Ulster filmed in Carlingford on the 1 st and 2 nd March 2011 and was assisted by the Agency. The programme will be aired on the 13 th December 2011 and its focus will be on Aquaculture and the importance of this Industry to the area.

12 Bonamia Ostreae Infection in Lough Foyle The Agency continues to monitor oyster beds to identify the extent of the spread of bonamia. Monthly samples are being taken to monitor monthly infection levels. This is being done collaboratively with University College Cork. Corporate Services John Pollock, Director of Corporate Services provided the Board with the following report; Financial Statements and Audit Last Audit Committee meeting was held on 14 th September 2011 with the next meeting scheduled for 30 th November No further update on previous report. Northern Ireland Audit Office have completed the audit on the 2010 accounts and the Board will be advised of their findings when they are available. The final draft accounts are with the C&AGs Dublin and have been noted by Ministers at the July North South Ministerial Council Sectoral meeting, awaiting final formal signoff. NSMC North South Ministerial Council Sectoral meeting took place in Armagh on 14 th October 2011 communiqué enclosed. Next meeting is scheduled for February Staffing The Agency is operating at full complement with no staff vacancies. Annual Report The 2008 and 2009 Annual Reports have been laid in the NI Assembly and the Oireachtas. The 2010 annual report will be printed and laid as soon as the financial statements are signed off. Pensions Discussions ongoing with the Departments of Finance and Revenues North and South. An economic appraisal is currently being drafted considering 3 options, do nothing, upgrade current scheme or join the North South Pension Scheme. This is currently under consideration by the Sponsor Departments and the Department of Agriculture and Rural Development Economists with final approval to be provided by the Departments of Finance. A meeting was held in Dundonald House on 19 th October 2011 with

13 Department of Agriculture and Rural Development officials to discuss the economic appraisal and the way forward. Advisory Forum The final meeting of the second Advisory Forum was held on 21 st September 2011 and the Agency expressed its gratitude for their input and advice over their 5 year term. The focus groups will continue to meet until the third Advisory Forum has been recruited. The recruitment process has been initiated using the services of the Public Appointments Service and the only cost incurred by the Agency will be for advertising. This is expected to be complete by Feb / March Riverwatch and Outreach Forthcoming Halloween event will include participation in the BBC Live and Deadly event also with Belfast Zoo, TACT, RSPB and Derry City Council. Rivers of the World Art Exhibition two year schools project 6 schools for the Foyle and 6 from the Thames Area. Art work has been exhibited outside the Tate Gallery in London and The Agency hosted the Art work recently with the main exhibition at the Peace Bridge in the next few weeks. Foyle Cleanup in partnership with Derry City Council, Northern Ireland Environment Agency and several local businesses including Sainsbury s, McDonald s and the City Hotel took part in a clean-up event along the River Foyle. The event was a great success with a total of 3 lorry loads of rubbish being retrieved from the mud including bikes, scooters, shopping trolleys and traffic cones. Inland Fisheries Ireland The Agency hosted the Inland Fisheries Ireland Board meeting at our Headquarters on 29 th September 2011 and gave presentations on our status reports and the work on the oyster fishery. We hope that this will form the basis for developing further links and partnership agreements with IFI in the future. 7. MMV Ostrea Update Barry Fox, Director of Aquaculture and Shellfisheries advised the Board that the MMV Ostrea is currently out of operation due to a broken turbo. The Board will note that the Agency placed an order through Automar in September for a turbo from a company called

14 SCM Turbo s in the UK. As the Board will see from the correspondence supplied there has been no delivery from SCM Turbo s. Automar and the Agency have taken the decision to order the turbo from New Zealand and I will inform the Board at their meeting of the current situation. The Board will also find in their papers copies of the MMV Ostrea s risk assessments and safety statement. Also included is a detailed maintenance schedule which has been developed in consultation with the MCA. 8. NASCO Conference Review John McCartney, Director of Conservation and Protection provided the Board with a handout on the above and gave a presentation on the findings of the NASCO Conference in La Rochelle, France. The Board thanked John for his excellent presentation and this was followed by an questions and answers session. 9. Review of Effectiveness of SEA in Ireland Barry Fox, Director of Aquaculture and Shellfisheries provided the Board with the above report from the RPS for their information. The Board noted the good work of staff within the Agency. 10. NSMC Joint Communiqué This was covered by the CEO during his report. 11. Risk Management Update John Pollock, Director of Corporate Services advised the Board that the last Risk Management meeting was held on 16 th September 2011 and provided them with copies of the updated risk register, fraud register and minutes from this meeting. John added that the only new risk was the possible claw back in relation to the MMV Ostrea. The next meeting is scheduled for 24 th November Shellfish Hygiene Testing Results Barry Fox, Director of Aquaculture and Shellfisheries provided the Board with the above report for their information.

15 13. Presentation by Cruise North West Catherine O Connor and Aoife Thomas of the Derry Visitor and Convention Bureau gave a very comprehensive presentation to the Board about the Cruise ship industry in the Foyle Area. Joe Miller declared a conflict of interest as he sits on the Board of the Derry Visitor and Convention Bureau. Board Members commended the presentation and the work currently being done in this industry. 14. A.O.B None 15. Date and Venue of Next Meeting The next meeting of the Board will be held on Wednesday 23 rd November 2011 at 3pm in the Redcastle Hotel, Co Donegal.