Loughs Agency Headquarters, Prehen

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1 68 th MEETING OF THE FOYLE CARLINGFORD AND IRISH LIGHTS COMMISSION Attendees Wednesday 6 th July 11am Loughs Agency Headquarters, Prehen Present Jacqui McConville (Vice Chair) Joe Miller Alan McCulla Thomas Sloan Jim Wilson Denis Haughey John Byrne Winston Patterson In Attendance - Loughs Agency Derick Anderson CEO John McCartney Director of Conservation and Protection Gerard Mills Director of Development Barry Fox Director of Aquaculture and Shellfisheries Laura McCready (Minutes) 1. Apologies Tarlach O Crosain (Chairman) Brendan Byrne Enda Bonner John Mulcahy John Pollock Director of Corporate Services 2. Minutes of the Previous Meeting The minutes of the previous meeting were agreed as an accurate record. Proposed Joe Miller Seconded Jim Wilson 3. Reserved Minutes The reserved minutes of the previous meeting were agreed.

2 Proposed Denis Haughey Seconded Jim Wilson 4. Matters Arising Jacqui McConville, acting Chair, welcomed all Board Members to the 68 th Meeting of the Board of the Foyle Carlingford and Irish Lights Commission. All agreed that all matters arising were covered on the agenda. 5. CEO Report CEO provided the Board with a copy of the Joint Communiqué of the 17 th North South Ministerial Council Meeting in Aquaculture and Marie Matters Sectoral format which took place on 4 th July CEO advised that he, Tarlach O Crosain, John McCartney and Barry Fox attended this meeting on behalf of the Agency. The meeting was attended by Michelle O Neill, MLA, Minister of Agriculture and Rural Development, Minister for Social Development Nelson McCausland MLA, and Pat Rabbitte, TD, Minister for Communications, Energy and Natural Resources. Minister O Neill chaired the meeting. CEO reported that the Agency gave an overview of their work to the new Ministers and this was very well received. CEO also advised that the Agency got the go ahead for the Sustainable Development Fund and that the Annual Report was noted by Ministers. He added that there were two Regulations approved which were changes to primary legislation but that unfortunately the Corporate Plan and the 2011 Business Plan were not approved but the Agency hoped that they would be approved at the next meeting of the North South Ministerial Council on 21 st July Board Members expressed great concern in relation to the Corporate and Business Plans not receiving approval and asked for an explanation as to why it wasn t approved. CEO shared the concern of the Board Members and explained that he wasn t told why it had not been approved as it had been finalised at the beginning of 2011 but would continue to seek an explanation from the Sponsor Departments. CEO expressed his major concern in relation to the current problems Conservation and Protection staff were experiencing at Lifford and reported that 11 staff had been assaulted and 2 staff had been hospitalised in the previous few weeks. Further information in John McCartney s report.

3 CEO reported on the recent home nation s event at Longfield Bank and the Roe mouth the previous weekend. He advised that as the Board would recall the Agency provided 5,000 sponsorship towards this event and it was a huge success from juniors through to seniors with over 100 anglers competing. CEO also advised that Lough Foyle may be host to the Police and Fire Games 2013 with over 200 anglers competing. The Board praised the work of Lionel Knobbs the Angling Development Manager and the other staff who were involved in running a great event fo the Foyle catchment. 6. Directors Report The Board were provided with updates from the Senior Management Team each giving a brief overview on their respective areas. Corporate Services John Pollock, Director of Corporate Services sent his apologies but CEO provided the Board with the following report on his behalf; Financial Statements and Audit The 2008 financial statements have been signed by the C&Ags North and South now at design and print stage. The 2009 financial statements have been signed by the C&Ags North and South now at design and print stage. Last Audit Committee meeting was held on 31 st March 2011, the meeting is scheduled for 22 nd June 2011 was postponed as there wasn t a quorum to be rescheduled for July/August. NIAO 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 for review and was on the agenda at the recent NSMC meeting Corporate Governance Risk management meeting was held on 15th June Copy of the updated risk register has been provided in the papers. NSMC The last North South Ministerial Meeting took place on the 4 th July 2011 in Armagh. Staffing There are currently no vacancies within the Agency.

4 Annual Report 2010 Annual Report has been cleared by the Sponsor Departments and was on the NSMC Agenda Copy in the papers. 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 has been submitted to the Sponsor Departments and the Departments of Finance for their consideration. Advisory Forum Next meeting scheduled for September Approval has been sought from NSMC to commence the recruitment of a new Advisory Forum and this is expected to be complete by the end of Aquaculture and Shellfisheries Barry Fox, Director of Aquaculture and Shellfishes provided the Board with the following report; Native Oyster Fishery The Aquaculture and Shellfish Directorate has recently distributed the spring native oyster report to stakeholders, see attached final version. We are continuing to submit samples of oysters from the Southside Bed to Cork University who are analysing them for the presence of Bonamia on a monthly basis through the EU Oyster recover project which aims to help the recovery of oyster fisheries affected by Bonamia. Dr Sarah Culloty will be visiting in August to discuss results thus far since beginning of 2011 to help with our management decisions. We have been conducting underwater camera work on the Ostrea on oyster beds which we have identified would be suitable for habitat restoration and brood stock work with undersize oysters. The imagery generated will allow us to target areas within the beds that require work such as cultch harrowing or cultch laying. We have also begun a summer monitoring program for spawning activity consisting of spawning stage assessment of oysters and larval densities on 6 beds within the fishery as well as spat

5 settlement assessment on 2 beds. Below you will see some photos of adults ready to spawn and some spat under a microscope. This work will help the Agency to identify if there are underlying problems on these beds affecting settlement of spat oysters such as habitat suitability. This in turn provides baseline information for monitoring changes in the event that we add cultch to beds or increase brood stock or add undersize oysters to a closed area. The next seed mussel surveys are planned for July in Carlingford Lough and Lough Foyle in August. The autumn oyster survey will begin in late August. Dutch embargo on the importation of Mussels from Ireland and the UK for rewatering in the Oosterschelde From July last year there have been a number of Dutch Court decisions relating to mussels coming from ROI, NI and Wales which concerned measure s for preventing the introduction of invasive species to the Oosterschelde (a Natura 2000 Site) due to the risks posed by invasive species to the features of the protected site. The implications of this was that it was not permitted to bring any backwash or products that have been brought with shellfish (tare) into contact with the Oosterschelde or any waters connected with the Oosterschelde. Therefore all mussels imported had to go directly through the factories for packing and dispatch (With Quarantine procedures for wastewater and tare). While this is allowing a certain amount of trade to continue the mussel

6 importers in Yerseke felt that this was restricting their imports and thus repeatedly challenged the decision. In order to get this decision overturned they got a marine taxonomist (Dr Arjan Gittenberg) to devise a protocol based on sampling the growing areas in the UK and Ireland to establish if any species found here, are not already in the Oosterschelde and if any new species identified pose a risk to the protected site. Earlier this month, the Dutch court ruled in favour of the importers so they plan to initiate the sampling programme to allow them to freely purchase Irish mussels. Dr Gittenberg will be coming over in early July to have a look at all the growing areas and plans to be in Foyle and Swilly from the 4 th to the 6 th of July. His proposal is to take as many samples as possible in the time available with the equipment that a skipper has on board his vessel. In case of bottom culture, this will probably be done with a mussel dredge. The moment the sample (=only about 2 kg of mussels + tare) is taken t will be checked and the species present identified. Dr Gittenberg will endeavour to cover all the production areas in the Foyle and Carlingford to ensure free trade in Irish mussels to Holland. The Agency offered the use of the Ostrea to Dr Gittenberg but to ensure consistency throughout the Island he has decided to use Industry to complete the surveys. Invasive Species Report Attached also you will find a short report on invasive species in Carlingford and Lough Foyle. It is the Agency s intention to expand on this work and include intertidal and sub tidal surveys of the Loughs to monitor any potential impacts and detail and spread of the species present. Management Agreement The Agency on the Boards instruction has written to the relevant Ministers and Sponsor Departments voicing the Agency s concern over the lack of progression of the management agreement. To date no response has been received other than a confirmation that the correspondence has been received by the Ministers office in the Department of Communications, Energy and Natural Resources.

7 Monitoring Vessel The MMV Ostrea is working well and continues to monitor the fisheries in Lough Foyle and Carlingford Lough. The Ostrea has completed the spring oyster survey and has been surveying beds for signs of spawning in the adult oyster stock as detailed above. The Foyle Area (Oyster Traders Logbook and Identification Tagging) Regulations The Agriculture and Rural Development Committee agreed at sitting in June that the Foyle Area (Oyster Traders Logbook and Identification Tagging) Regulations should progress to the next legislative stage 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. 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 SEUPB by 10 th of July 2009 Outcome Project has now been approved. In Progress Staffing Interreg Marine Tourism Strategy FME now appointed. Sustainable Development Business Case This is with our Sponsor Departments and we hope to receive approval for 2011 call at July s NSMC. Mill Bay and Narrow Water Projects Projects developed with Mourne Heritage Trust / Northern Ireland Tourist Board / Newry and Mourne District Council and Agency are now through Tender stage with Central Procurement Division. The estimated value of the two projects overall is circa 225,000 and will be the first of the projects identified as part of the Mourne Coastal Route.

8 Mill Bay Complete Narrow Water at snagging list Projects have come in slightly over budget - report appended Projects underway Designs for Whitewater site and costing complete this will be subject to funding from Northern Ireland Tourist Board; Newry and Mourne District Council have agreed to submit the LDC. Design appended Designs for Cranfield amenity area and beach front completed project will be subject to funding. Pontoons and mooring in the city centre have now been confirmed to proceed updates will follow. 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 have agreed to facilitate the land search. Cost would be under 10,000 to facilitate the scheme. Surveys completed by Department of Regional Development week ending 22 nd April Awaiting a follow up meeting. Condition surveys Surveys have now been carried out on Bessbrook Pond and Donaghaguy and a preliminary assessment of Newry Ship Canal to determine future development needs. Discussion will take place with Council to determine any works planned. Application is being submitted to Northern Ireland Tourist Board s TDS funding reference the Whitewater development, Donaghaguy may be considered also as part of the scheme, application for Cranfield is also being prepared closing date 30 th June 2011.

9 Conservation and Protection John McCartney, Director of Conservation and Protection provided the Board with the following short report; The early summer has been a difficult time for Agency protection staff, the violence and intimidation being used by poaching gangs has reached a serious and worrying level. Staff have been attacked by masked men in the grounds of Lifford hospital, and on the upper Foyle on both sides of the border. Staff have been injured by large pieces of masonry being thrown at them as well as breeze blocks being dropped off bridges onto patrol boats. Agency vehicles have been severely damaged, and traps have been set in laneways used by Agency staff and vehicles.

10 Board Members voiced their major concerns over recent attacks on staff and asked that their best wishes be passed to those staff who had been caught up in the recent violence. They also asked if there was anything that they could do to support staff in their duties. After a lengthy discussion it was decided that a letter would be drafted from the Board to both the PSNI and Garda Siochána to thank them for their support and to encourage further assistance when required. Board Members also asked if this had been brought up at the North South Ministerial Council. CEO reported that yes it had been brought up and Ministers all condemned the violence towards staff. CEO advised that John McCartney was due to meet with the Superintendant in Letterkenny Garda Station later that day and following that meeting CEO would advise the Board what action needed to be taken next. CEO also agreed to contact senior officials in the Department of Communications, Energy and Natural Resources and voice the concerns of the Board. Proposed Jim Wilson Seconded Denis Haughey Consultations An updated schedule of Regulations in development and consultations is attached for discussion by the Board members. Regulations on Permits and Prescribed species are due to be passed by the next North South Ministerial Council. The Loughs Agency Trout strategy as approved at the last Board meeting is out to consultation. The Agency has also carried out a review of its

11 consultation process which if the Board is content will be the subject of stakeholder consultation Health and Safety Since the last Board meeting there has been no accidents, but a series of near miss incidents with staff having been attacked by stone throwers on 14 occasions, and one staff member being injured with a piece of masonry struck him on the leg as he was confronted by masked men. Fish Counters 2005 June 2006 June 2007 June 2008 June 2009 June 2010 June 2011 June Faughan Finn Sion Mills Roe Corrick Newry Omagh available available available available available available Enforcement Actions In 2011 so far, Agency staff have dealt with 21 rod related offences, and 19 seizures. Agency protection staff have also seized 63 illegal nets, 5 boats, as well as various other items including a fish trap, knives, hatchet and batons. Staff have dealt with 26 pollution incidents, and taken 6 sets of statutory samples. The seizures are illustrated on the map below; available 41 available

12 Environmental Issues The number of high severity pollution incidents is down on previous years at this time, however silage is still being cut, some of it in quite damp conditions. Agency staff have recently given evidence at the Public Enquiry into the A5 Road scheme which was well received, the enquiry will continue on for some time with a conclusion to be published before the end of the year. A Donegal farmer has pleaded guilty to casing a fish kill in the tidal River Deele and awaits final disposal in Letterkenny District Court. 7. Mid Term Review of Angling Development Action Plan Gerard Mills, Director of Development provided the Board with a copy of the above for their information. 8. Marine Tourism Strategy Review Carlingford Gerard Mills, Director of Development provided the Board with a copy of the above for their information Draft Financial Statements CEO provided the Board with a copy of the above for their information and advised that the Agency had hoped that these would be signed off on Tuesday 5 th July 2011 but due to a difference of opinion between the Agency s accountants adviser and the auditors in relation to the MMV Ostrea this had not taken place. CEO reported that he hoped this would take place as soon as possible Annual Report CEO provided the Board with a copy of the above for their information and advised that the 2010 Annual Report had been cleared by both Sponsor Departments and had been noted at the North South Ministerial meeting on 4 th July Carlingford Oyster Festival Louth County Council Request Gerard Mills provided the Board with a letter from Louth County Council requesting support from the Agency to the value of 940

13 for promotional literature and prizes for the pearl hunt for their oyster festival on 13 th and 14 th August The Council also requested a member of Loughs Agency staff to be on site for 2 hours during the event. Proposed Alan McCulla Seconded Thomas Sloan th NSMC Plenary Joint Communiqué CEO provided the Board with a copy of the above for their information. He advised that the meeting took place in Dublin on 10 th June 2011 and drew the Boards attention to the section in relation to the St Andrew s Review and the target date of November 2011 that had been set for the finalisation of this report. 13. Updated Risk Register This item was covered by CEO in John Pollock s board report. 14. Sailing in the City Gerard Mills provided the Board with a paper from Andy Sides with information on taking 200 people and training them in sailing skills while using the Agency s facilities. This would be at a cost of 3, th NSMC Sectoral Meeting Joint Communiqué John McCartney, Director of Conservation and Protection provided the Board with the above report and advised that the Agency had pioneered this report and had brought in partners from Inland Fisheries Ireland. Jim Wilson praised Loughs Agency staff for their work on the above reports and advised that their work had been recognised far and wide. 16. A.O.B Advisory Forum Jacqui McConville asked if the new Advisory Forum could be elected by contacting angling clubs and asking for nominations. CEO explained that this could be done through the Ulster Angling Federation but not all anglers were affiliated with this club. He further advised that it was not only anglers who were represented on the Advisory Forum and therefore to give everyone an equal

14 opportunity the Agency would be advertising publically. Jim Wilson declared a conflict of interest with Ulster Angling Federation but reported that to the best of his knowledge when the Fisheries Conservancy Board stood down that the Department of Culture, Arts and Leisure asked the Ulster Angling Federation to nominate members for their Advisory Forum. CEO stated that he would check this out with DCAL. Consultation John McCartney advised the Board that he had intended to launch a public consultation into the Agency current consultation process. He advised that Laura McCready would forward all documentation to them and if there were any problems that they should come back to him at their earliest convenience. 17. Date and Venue of Next Meeting The next meeting of the Board will be held on Wednesday 7 th September 2011 at Loughs Agency Offices, Carlingford.

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