69th MEETING OF THE FOYLE CARLINGFORD AND IRISH LIGHTS COMMISSION

Wednesday 7th September 2011 @ 11am

Loughs Agency Offices, Carlingford

Attendees

Present Tarlach O’Crosain (Chairman) Jacqui McConville (Vice Chair) Joe Miller Alan McCulla Thomas Sloan Jim Wilson Denis Haughey John Byrne Winston Patterson Brendan Byrne Enda Bonner

In Attendance - Loughs Agency 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

John Mulcahy Derick Anderson – CEO

2. Minutes of the Previous Meeting

The minutes of the previous meeting were agreed as an accurate record.

Proposed Winston Patterson Seconded Denis Haughey

3. Reserved Minutes

The reserved minutes of the previous meeting were agreed.

Proposed Winston Patterson Seconded Denis Haughey

4. Matters Arising

Chairman welcomed all to the 69th Meeting of the Foyle Carlingford and Irish Lights Commission and advised the Board that Fishery Inspector Seamus Cullinan had had an accident at home on his farm and had received some serious burns and was currently in the burns unit of the Royal Victoria Hospital in . The Board asked that a letter be issued to Seamus to wish him a speedy recovery. Best wishes were also conveyed to the CEO who still remained on sick leave.

5. CEO Report

As the CEO was currently on sick leave there was no CEO report and all issues were covered in the Directors reports.

6. Directors Report

The Board were provided with updates from the Senior Management Team each giving a brief overview on their respective areas.

Aquaculture and Shellfisheries

Barry Fox, Director of Aquaculture and Shellfishes provided the Board with the following report;

Native Oyster Fishery The Agency has received 58 applications for licences for the 2011/12 oyster fishing season. To date 38 of these have been approved. Licences will be issued from the Greencastle Community Centre on the 8th and 9th of September 2011.

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.

Seed Mussel Surveys The Agency conducted seed mussel surveys in Lough Foyle and in July and August. No seed mussel was found in either Lough.

Options paper for Lough Foyle Carrying Capacity Model The Board will note from their papers the options paper for the delivery of a carrying capacity model for Lough Foyle. Once the options have been fully investigated I will report back to the board on the Agency’s preferred option.

Biotoxin and E.Coli sampling The Board will note from their papers the report on Biotoxin and E.Coli sampling. Issues have arisen with securing samples from sites that have been under production in both sea loughs over the past months. These samples must be taken to ensure that the sites remain open for harvesting. As you will see from the paper supplied the Agency proposes to place stack boxes in the areas where samples are taken to ensure a constant supply of mussels and oysters for analysis.

Proposed water bird survey for Carlingford Lough and Lough Foyle As part of the Appropriate Assessment of Lough Foyle & Carlingford Lough under the EU Habitats Directive it will be necessary for Loughs Agency to collect information on waterbird species presence/ absence and density. By comparing data from aquaculture sites with non-cultivated areas, in house collection of this data by Loughs Agency, would allow for assessments to be made of how waterbird populations may affect or be affected by aquaculture activity on Carlingford Lough.

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. Jim Wilson asked if it would be helpful to meet Pat Rabbitte TD. Barry advised that this may be helpful. Chairman stated that Barry Fox should arrange a meeting with the Minister, Barry and a few members of the Board.

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.

Conservation and Protection

John McCartney, Director of Conservation and Protection provided the Board with the following short report;

At the last Board meeting the levels of violence and intimidation were highlighted to the Board, sadly this theme has continued although on a more sporadic basis throughout the season. The more recent attacks have again been at Lifford and staff will be preparing files for prosecution for assault and obstruction against individuals. The violence has also been seen at Sion Mills were recently masked man attacked a patrol of Private Riverwatchers from the Sion Mills Angling Club who had been trained by the Loughs Agency. This matter continues to be investigated by PSNI.

Winston Patterson commended the great work of the Agency’s Fisheries Officers and Private Riverwatchers. Board Members asked that their best wishes and thanks be passed on to the Fisheries Officers and Private Riverwatchers who had been attacked.

Consultations An updated schedule of regulations in development and consultations is attached for discussion by the Board members. Regulations on making possession of an altered carcass tag are due to be passed by the next NSMC. The Loughs Agency Trout strategy and the Agency consultation process are both out to stakeholder and public consultation.

Health and Safety Since the last Board meeting there have been a number of recorded assaults, all of which are the subject of ongoing Agency or Police investigations. There has also been a small number of minor accidents including a minor burn, cut hand and a cut head all of which have been the subject of investigation by the Health and Safety Committee.

Fish Counters 2005 2006 2007 2008 2009 2010 2011 Aug Aug Aug Aug Aug Aug Aug Faughan 3322 2302 668 689 586 965 750 Finn 8071 5455 2941 2027 2099 126 1725 Sion Mills 8451 8355 339 1884 7226 1140 999 Roe 1877 1074 3749 2464 879 1665 1559 Corrick 1228 39 173 133 342 21 45 Not Not Not 38 available available available 171 55 180 Omagh Not Not Not 43 available available available 109 176 55

Chairman expressed his disappointment at the fish counter figures considering the commercial fishery had been closed for a few years and this didn’t seem to have a significant impact on the number of fish returning. John McCartney advised the Board that there had been an improvement in the River Roe and Faughan in 2011. John advised that he had hoped that the Agency should see an improvement next year but this was also dependent on sea survival.

Jim Wilson expressed his concern in relation to the River Mourne and River Finn counts and asked if there were any further conservation measures that could be put in place. John McCartney advised the meeting that in the Owengarve and Reelin rivers in 2009 there was a decline in redds so in 2010 the Agency turned over and cleaned the gravel and the initial indications are that there are significantly more redds. John added that the Agency are awaiting the electrofishing results for the juvenile population to get a scientific basis. John also advised the meeting that he had intended to set up a group along the same lines of the Strule Tributaries and Rivers Trust with the angling clubs and landowners of the River Finn to tap into local knowledge.

Enforcement Actions In 2011 so far, Agency staff have dealt with 40 rod related offences, and 37 seizures. Agency protection staff have also seized 136 illegal nets, 7 boats, 2 cars as well as various other items including a fish trap, 5 knives, hatchets, hammers and batons. Staff have dealt with 56 pollution incidents, and taken 8 sets of statutory samples.

The seizures are illustrated on the map below;

Environmental Issues The number of high severity pollution incidents is down on previous years, and so far this year there has only been one fish kill in the Bessbrook River which is currently being investigated by Agency staff. All of the fish kills that occurred last year have been before the courts and the Agency and its partners have convicted all of the polluters for the incidents.

An Bord Pleanála has given the go ahead for a controversial sewerage treatment plant in Moville, the decision to grant planning permission comes after a €278,000 two-day oral hearing in Redcastle Hotel in June 2009 which Agency staff gave evidence to.

As part of the Donegal County Council development, four pumping stations will also be sited at Carrickarory, River Row, Carnagarve and Greencastle Pier with the main treatment plant at Carnagarve also. A pumping station at Glenburnie was denied planning permission on amenity / environmental protection grounds.

RESERVED

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 10th of July 2009. Outcome – Project has now been approved we await the Letter of offer.

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. Sustainable Development Fund was approved.

Projects underway Designs for Whitewater site and costing complete – this will be subject to funding from Tourist Board; Newry and Mourne District Council have agreed to submit the LDC.

Designs for Cranfield amenity area and beach front completed – project will be subject to funding.

Funding application submitted to Northern Ireland Tourist Board 30th June 2011 and 31st August 2011.

Interreg We await an addendum to our Interreg letter of offer to proceed with projects. An extension has been granted to June 2015 for spend (see attached).

Newry 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 22nd April 2011. The first two lay-by’s are now complete.

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.

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.

Camlough Masterplan The draft Masterplan for is now in place – progress updates will follow. Discussion will take place with Council to determine any works planned.

Omeath Environmental Improvement Scheme The launch of the EI scheme took place Friday 26th of August. The second Phase of the scheme is now designed.

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.

Practice for the European Police and Fire Service Practice for the European police and Fire Service Games took place on Newry Ship Canal.

Carlingford Coastal Path Preliminary assessment survey has been completed by Louth County Council.

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 31st march 2011, the meeting scheduled for 22nd June 2011 was postponed as there wasn’t a quorum. Next meeting scheduled for 14th September 2011.

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 and have been noted by Ministers at the recent North South Ministerial Council Sectoral meeting. Just awaiting final formal signoff.

Corporate Governance The next Risk Management meeting has been scheduled for 14th September 2011. Copies of the updated risk register will be provided when available.

NSMC Next North South Ministerial Council Sectoral meeting has been scheduled to take place on 14th October 2011. Draft agenda for discussion at the working group meeting scheduled on 22nd September 2011.

Staffing The Agency is operating at full complement with no staff vacancies.

Annual Report 2010 Annual Report has been cleared by the Sponsor Departments and by ministers at the recent North South Ministerial Council Sectoral Meeting and has been translated with printing to follow shortly 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 DARD Economists with final approval to be provided by the Departments of Finance.

Advisory Forum Next and final meeting of the current Advisory Forum is scheduled for 21st September 2011. Work has commenced on the recruitment of a new Advisory Forum and this is expected to be complete by the end of 2011.

Website John Pollock advised the Board that Tibus had been awarded the contract to manage the Agency’s website. John added that the new website should be up and running by November / December 2011 and should be easier to navigate.

Green Team John Pollock advised the Board that the Green Team within the Agency were currently looking at electricity efficiency. John added that another initiative currently been looked at by the Green Team was rainwater harvesting.

7. Oyster Festival

Gerard Mills, Director of Development provided the Board with a photograph of the oyster festival for their information. Full evaluation report to follow.

8. Coastal Trail Initial Survey

Gerard Mills, Director of Development provided the Board with the above survey report for their information.

9. Irish Fest – Derry / Donegal Showcase, Milwaukie

John Pollock, Director of Corporate Services provided the Board with a copy of an evaluation from Gillian Simpson the Agency’s Information Officer who had recently attended the Irish Fest Showcase in Milwaukie. John added that the Milwaukee Irish Fest, established in 1981 by members of the city’s Irish community, is renowned as the world’s largest Irish cultural festival. The event showcases more than 100 entertainment acts over the 4 days, and attracts over 150,000 people. This year there was a Derry / Donegal showcase promoting the area as a must visit destination. Supporting and attending the Derry / Donegal Showcase was MLA Basil McCrea, Ulster Scots Agency, University of Ulster-Magee, Derry City Council, NI Bureau, ILEX, Culture Ireland, Invest NI, amongst many others including the tourism bodies Northern Ireland Tourist Board and Tourism Ireland. Winston Patterson stated that this has put the Agency on the map.

10. MMV Ostrea Update

RESERVED

11. Section 75 Progress Report

John Pollock, Director of Corporate Services provided the Board with the above report and explained that this was an annual report that the Agency completes on equality.

12. 2012 Business Plan

John Pollock, Director of Corporate Services advised the Board that the Agency were currently working on the 2012 Business Plan and he hoped to have a draft copy available at the next meeting.

13. Fish Counter Workshop

John McCartney, Director of Conservation and Protection provided the Board with an extract from the minutes of a recent fish counter meeting that took place in the Loughs Agency. John explained that the issue of releasing the fish counts on a real time basis had caused considerable debate within the Agency as releasing these figures would benefit the anglers but on the other hand would benefit poachers if they knew where large numbers of fish were moving. John added that at the minute fish counts were issued on the Agency’s website with a 2 week delay. John Pollock added that in the past the Agency had been criticised for releasing information that was out of date. It was agreed taking all things into consideration slow release of the fish counts was appropriate.

14. Junior Celtic Cup Press Release

Gerard Mills, Director of Development provided the Board with a report from the National Coarse Fishing Federation of Ireland from the Junior Celtic Cup which took place on 14th August 2011. Gerard advised that this was a great event and the Irish Junior Team triumphed and lifted the Junior Celtic Cup.

15. SEUPB Extension

Gerard Mills, Director of Development provided the Board with a copy of a letter from the Special EU Programmes Body granting the Agency an extension to the project lifetime for the Marine Tourism and Angling Project from the 30th September 2011 to 30th September 2013. Gerard asked for Board approval to accept this letter and extension.

Proposed Jacqui McConville Seconded Jim Wilson

16. Camlough Lake Masterplan

Gerard Mills, Director of Development provided the Board with a copy of the above Masterplan for their information. Jim Wilson asked what sort of work was involved in this project. Gerard advised that it was an examination of infrastructure with the same work already completed on the Mourne Coastal Route and Millbay.

17. A.O.B

Strabane Canal Winston Patterson asked if there had been any progress in relation to the project at . Gerard Mills advised that he had no information so could not give an update at this time. Gerard added that it was his understanding that a bid was made to Interreg and was successful but excluded Strabane Canal.

Absence of CEO The Chairman expressed his concerns and the concerns of other Board Members in relation to the absence of the CEO due to continued illness. Chairman felt that in this situation the Agency should have a mechanism to appoint a Deputy. John Pollock advised that he and the other Directors were content to continue with the day to day running of the Agency for now but he would contact the Sponsor Departments to get a formal view on this. The Board agreed and asked John to seek formal clarification.

18. Date and Venue of Next Meeting

The next meeting of the Board will be held on Wednesday 26th October 2011 at Loughs Agency Headquarters, Prehen.