Public Document Pack
CORNWALL INSHORE FISHERIES AND CONSERVATION AUTHORITY
Date : Thursday 17 December 2020 Time : 10.00 am Venue : Online – Virtual meeting
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Agenda
1. Chairman's announcements
2. Apologies for Absence
3. Declarations of interest
4. Minutes of the meeting held on 18 September 2020 (Pages 4 - 10)
5. Questions from the Public
An opportunity for members of the public to ask a question at a meeting of the Cornwall Inshore Fisheries and Conservation Authority. A period of fifteen minutes is allocated for this purpose. Questions to be received by the Democratic Officer ([email protected] /01872 326489) by midday on Monday 14 December 2020. Further guidance on asking a question is available on the following link: https://democracy.cornwall.gov.uk/ieListMeetings.aspx?CId=801&Year=0
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6. Budget Monitor Report April - October 2020 (Pages 11 - 18)
7. Revenue Budget Report 2021-2022 (Pages 19 - 24)
8. Byelaw Working Group 9 November 2020 (Pages 25 - 31)
9. Coastal Fishing Nets (Salmonid Protection) Byelaw 2021 (Pages 32 - 49)
10. Bass landings and the development of compliance and enforcement measures (Pages 50 - 55)
11. Cornwall IFCA Chief Officer's Report 17 December 2020 (Pages 56 - 77)
12. Any Other Business that the Chairman Considers to be of Urgency
The Local Government (Access to Information) Act 1985 prohibits the consideration of any items which have not appeared on the agenda for the meeting unless the Chairman is prepared to certify that a proposed item is ‘urgent’. An urgent item dictates that a decision must be made and, if this is the case, it must be as a result of a formal written report. If urgent, the special circumstances which make it so must be spelled out to the meeting.
Membership
Anthony G Berry Appointed by Marine Management Organisation John Brooks Appointed by Marine Management Organisation Geoff Brown Cornwall Council Richard Buscombe Cornwall Council Graham Coad Cornwall Council Bob Egerton Cornwall Council Victoria Hobson Appointed by Marine Management Organisation Mark Kaczmarek Cornwall Council Steve Knightley Cornwall Council Officer Marine Management Organisation Sangeeta McNair Natural England Mrs Celia J Mitchell Appointed by Marine Management Organisation Vacancy Appointed by Marine Management Organisation John Munday Appointed by Marine Management Organisation James Mustoe Cornwall Council Andrew Pascoe Appointed by Marine Management Organisation David Thomasson Appointed by Marine Management Organisation Tony Tomlinson Appointed by Marine Management Organisation Simon Toms Appointed by Environment Agency Nick Tregenza Appointed by Marine Management Organisation
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Mrs Ruth Williams Appointed by Marine Management Organisation
Enquiries on this agenda to Emma Richards, Democratic Services Officer, 01872 326489 or email at [email protected]
We want to ensure that your needs are met. If you would like this information in another format or language please contact Emma Richards, Democratic Services Officer, 01872 326489, or [email protected].
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Agenda No. 4
CORNWALL INSHORE FISHERIES AND CONSERVATION AUTHORITY
MINUTES of a Meeting of the Cornwall Inshore Fisheries and Conservation Authority held in the Online - Virtual Meeting on Friday 18 September 2020 commencing at 10am.
Present:- Tomlinson Chairman
John Brooks, Cllr Geoff Brown, Cllr Buscombe, Cllr Coad, Victoria Hobson, Daisy May, Sangeeta McNair, Celia Mitchell, John Munday, Cllr Mustoe, Andrew Pascoe, Simon Toms, Nick Tregenza and Ruth Williams.
Also in Councillor Formosa. attendance:- Apologies for Councillors: Tony Berry, Cllr Kaczmarek, Cllr Knightley, Cllr absence:- Robinson and Dave Thomasson.
ELECTION OF VICE CHAIRMAN (Agenda No. 2)
IFCA/115 It was moved by Councillor Geoff Brown, seconded by Councillor Coad and
RESOLVED that Councillor Kaczmarek be elected as Vice Chairman of the Cornwall Inshore Fisheries and Conservation Authority.
CHAIRMAN'S ANNOUNCEMENTS (Agenda No. 3)
IFCA/116 The Chairman offered the Committee’s thanks and best wishes to Councillor Fitter who had served the Committee as Vice Chairman from its establishment. 1 Page 4 Cornwall Inshore Fisheries and Conservation Authority 18 September 2020
The Chairman paid tribute to David Muirhead who had resigned from the Committee after many years of dedicated service as a Member of the Cornwall Inshore Fisheries and Conservation Authority, as a Member and Chairman of the Cornwall Sea Fisheries Committee and to the whole fishing sector in Cornwall.
DECLARATIONS OF INTEREST (Agenda No. 4)
IFCA/117 There were no declarations of interest.
REVIEW OF THE CORNWALL IFCA CONSTITUTION (Agenda No. 5)
IFCA/118 The Corporate Information and Governance Manager introduced the report to the meeting.
A Member commented that it was common for democratic bodies to have a maximum term of 10 years for Chairman and Vice Chairman to hold the post. In answer to a question it was heard that the Committee was able to decide on the term of office for its Chairman and Vice Chairman.
It was moved by Andrew Pascoe, seconded by Ruth Williams and
RESOLVED that:
1. That version 19 of the Constitution for the Cornwall Inshore Fisheries and Conservation Authority, as attached to this report at Appendix 1, be adopted; and 2. Appendix 2 be appended to the Constitution.
MINUTES OF THE MEETING HELD ON 13 MARCH 2020 (Agenda No. 6)
IFCA/119 It was moved by Victoria Hobson, seconded by Ruth Williams and
RESOLVED that the minutes of the Cornwall Inshore Fisheries and Conservation Authority held on 13 March 2020 be approved as a correct record and signed by the Chairman.
2 Page 5 Cornwall Inshore Fisheries and Conservation Authority 18 September 2020
QUESTIONS FROM THE PUBLIC (Agenda No. 7)
IFCA/120 Two public questions had been received. In the absence of the questioners the Chairman read the question and answer to the meeting:
Question 1
Mr B Collick
Does Cornwall IFCA agree that a 40% average utilisation of bass catch limits is totally unsustainable and not acceptable for Cornwall? If all 959 English bass vessels were to use 40% of their bass catch limits, this would equate to 5,338 tonnes for England alone (ignoring France, the Netherlands and Belgium), whereas the ICES recommendation for 2021 for all Northern Europe is only 1,680 to 2,000 tonnes of bass landings.
Answer
Our analysis of the MMO data for Cornish netting vessels in 2019 showed that they had utilised approximately 20% of their bass catch limits. Bass uptake in England is monitored by the MMO on behalf of Defra and to our knowledge, they have not highlighted any issues with the amounts landed in Cornwall under the EU bass emergency measures.
Question 2
Mr R Bradley
Does Cornwall IFCA accept that it has an urgent problem with net-caught bass landings and needs to investigate this further? Landings have plummeted in the rest of England as a result of measures to protect bass, but they have gone up in Cornwall.
Answer
From the MMO data which we have analysed, Cornish netting vessels landed approximately 20% of their total annual allocation of bass in 2019. Cornwall IFCA doesn’t hold any specific information on the stocks within the six mile limit to be able to assess whether these levels constitute an urgent problem.
3 Page 6 Cornwall Inshore Fisheries and Conservation Authority 18 September 2020
However, Cornwall IFCA has already identified the development of a netting management plan for all netting activity as a priority workstream within its five year legislative forecast. This work was scheduled to begin in 2023 but in recognition of previous concerns raised about bass, the start date was brought forward to the first quarter of the 2021 financial year.
BUDGET MONITOR REPORT (Agenda No. 8)
IFCA/121 The Chief Cornwall IFCA Officer introduced the report to the meeting and highlighted the key variances during the period.
It was moved by Councillor Graham Coad, seconded by Nick Tregenza and
RESOLVED that:
1. The outturn for the 2019/20 financial year as shown at Appendices 4 is noted and agreed.
2. The 2020-21 budget monitoring and reserves position for April 2020 – July 2020 as shown at Appendix 1 & 2 is noted and agreed.
3. The Small Bodies Audit for the year ended 31 March 2020 is approved by the Committee in order for it to be signed by the Chairman and the Clerk as required (Appendix 3).
FAL FISHERY NATIVE OYSTER ENHANCEMENT SCHEME (Agenda No. 9)
IFCA/122 The Principle Scientific Officer introduced the report to the meeting.
During discussion the following points were raised:
1. To increase larval production and avoid the risk of Bonamiosis events, there was potential to move oysters to a set area to allow them to reproduce. Density of the oysters was seen as a key factor in avoidance of such events. 2. It was hoped that licence holders would agree to re-lay oysters in a set area where the chances of survival were improved. A voluntary exclusion area would need to be agreed.
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3. The Principle Enforcement Officer agreed to discuss with the Fal Fishery Management Committee the potential to agree a minimum size and voluntary exclusion area by those working in the fishery.
It was agreed that a report be brought back to the next meeting of the Cornwall Inshore Fisheries and Conservation Authority further to discussions with the Fal Fisheries Management Committee on how voluntary management of the fishery could be taken forward.
BYELAW WORKING GROUP UPDATE (Agenda No. 10)
IFCA/123 It was moved by Ruth Williams, seconded by Victoria Hobson and
RESOLVED that:
1. Members note the contents of the report.
2. Officers proceed to continue to develop workstreams set out in section 3 of the report.
RESPONSE TO SOCIAL MEDIA CAMPAIGN REGARDING BASS LANDINGS INTO CORNWALL (Agenda No. 11)
IFCA/124 The Chief CIFCA Officer introduced the report to the meeting.
During discussion the following points were made and information provided:
1. A Member raised a concern relating to illegal targeting of bass in particular relating to the Mevagissey area. In answer it was heard that bycatch limits for bass was set out at a European level and what was intended to be a bycatch was effectively being treated at a catch limit. A definition was not provided within the legislation to address this issue. The Marine Management Organisation (MMO) were responsible for the monitoring licenses on a monthly basis. Officers would urge anyone witnessing illegal activity to report it to the Cornwall IFCA and MMO. 2. In answer to a question it was heard that Cornwall had a large netting fleet and changes in practice had occurred over the years. The Committee had resolved to bring forward work on the netting management plan by two years to address netting issues across the
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Cornwall IFCA area. This was a complex and lengthy piece of work. All information and data would feed into the process in 2021. 3. A Member commented that information on fishing effort was required. It was heard that the Cornwall IFCA did not have a netting permit and the data was recorded and held by the MMO. A data sharing agreement was in development between the Cornwall IFCA and MMO to enable an exchange of information. 4. The MMO Officer Member advised the meeting that the MMO and Cornwall IFCA worked together and shared information where appropriate. The MMO had confiscated bass landings and taken action after reports from the public. The MMO Officer Member advised that anyone with concerns should report them to the MMO hotline. Proof of intent by the Master of a vessel was required in taking forward prosecutions. The Fisheries Bill would look to manage the fishery sustainably and the public should raise their views with MPs in order to inform the Bill. A catch recording app was in use and data was checked every month. There was also an issue with bass being caught outside of the 6 mile limit. 5. A Member commented that Mevagissey was the second biggest port in the district with vessels being less spread out across the area. Most vessels were fishing legally and stocks were healthy. A lot less fish had been caught than the allowable level under the increased bycatch introduced by the EU this year. The MMO had a very high profile in Mevagissey. 6. A Member commented that they appreciated contact from Members of the public. However, some methods used during the recent campaign had been aggressive and negative. The level of feeling was understandable however the Cornwall IFCA had to manage its resources and support was expressed for the recommendation that work begin on the net management plan in 2021 as previously agreed by the Committee. 7. A Member advised that boats which were acting responsibly were frustrated that others were not as the current regulations were open to abuse. When the Fisheries Bill came into force the MMO would have the power to make the regulations clearer and allow officers to police targeting.
It was moved by Councillor Geoff Brown, seconded by John Munday and
RESOLVED that:
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1. The Authority considers the MMO records of bass landings into Cornwall and other related details set out within this report and directs officers to continue with the current plan to develop a Netting Management Plan in accordance with the recommendation made by the Authority at its meeting in June 2019. 2. CIFCA write to DEFRA to express their concern at the vague nature of the works ‘unavoidable by-catch’ and provide a clear definition of this phrase at the earliest opportunity.
CIFCA CHIEF OFFICER'S QUARTERLY UPDATE REPORT (Agenda No. 12)
IFCA/125 During discussion the following points were raised:
1. A discussion took place regarding prosecutions shown in the report relating to electro-fishing. Members expressed dismay at the practice and at reports of the activity continuing despite investigations being undertaken. 2. In answer to a question it was heard that ring-netters were part of a Voluntary Code of Practice and private video systems were used by participants. It was hoped that videos would be shared if activities required investigation. 3. Saint Piran was still in dry dock on her refit as some pumps had to be sent away, causing delay. Engines had been turned over and it was expected that sea trials would take place in the next 10 days.
The report was noted.
The meeting ended at 11.56am.
[The agenda and reports relating to the items referred to above are attached to the signed copy of the Minutes].
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Report to: Cornwall Inshore Fisheries and Conservation Authority
Date: 17th December 2020
Title: Budget Monitor Report April 2020 – October 2020
Portfolio Area: N/A
Divisions affected: All
Relevant Scrutiny Committee: Scrutiny Management Committee
Authors, Tracy Stepney, Strategic Finance Manager - Cornwall Council, roles and [email protected] contact Samantha Davis, Chief Officer – Cornwall IFCA, details: [email protected]
Julia Harvey, Service Accountant – Cornwall Council [email protected]
Approval and clearance obtained: N
For Cabinet and delegated executive decisions only:
Key decision? (≥£500k in value or significant effect on N communities in two or more electoral divisions)
Published in advance on Cabinet Work Programme? N
Urgency Procedure(s) used if ‘N’ to Work Programme? N
Date next steps can be taken N/A
Recommendations:
1. The 2020-21 budget monitoring and reserves position for April 2020 – October 2020 as shown at Appendix 1 & 2 is noted and agreed.
1. Executive Summary
This report details the financial performance of CIFCA to 31st October 2020 against the approved 2020-21 budget.
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Appendix 1 presents the financial statement for the year, against the budgeted spend. As at 31st October 2020, CIFCA’s net expenditure before interest and reserve movements is £675,341 against a profiled budget of £740,340. This provides a favourable variance of £64,999. Covid-19 has had an impact on the overall spend, £10,613 was spend on PPE and other essential items. Appendix 2 provides the current Reserves position. It is anticipated that there will be a £45,000 contribution to Reserves in 2020-21. Additionally, it is anticipated that there will be £134,439 transfer from reserves in 2020-21 to mainly fund the Saint Piran refit and the agreed contribution towards the additional Scientific Officer post. The total forecasted reserve position at 31st March 2021, also shown at Appendix 2, is £635,537. 2. Purpose of Report
The Committee receives regular updates on the CIFCA’s financial position throughout each financial year in order to provide assurance that the finances of the authority are being managed appropriately and that any significant issues are highlighted, and necessary action is then taken to address them. An explanation of the variances to date is detailed below. Administration The profiled expenditure budget for Administration expenditure is £231,519 and total expenditure to 31st October is £209,047. There is, therefore, a favourable variance compared to the budget of £22,472. The £22,472 underspent is mainly due to delay in external legal expenses and to efficiencies within the service, travel, premises expenses and support services. All other variances within the Administration budget are small with actual expenditure closely mirroring the profiled budget. Enforcement
The profiled expenditure budget for Enforcement is £364,297 and total expenditure to 31st October 2020 is £341,824. There is, therefore, a favourable variance compared to the budget of £22,473 surplus. The savings are mainly due to reduction of fuel cost, as Saint Piran was in refit until July 2020, and also as a result of covid-19 lockdown. There was also less spend within other supplies and service for example: transport costs, catering equipment and postage. The service continues to monitor this budget and anticipates a balanced budget position.
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Research
The profiled expenditure budget for the research vessel is £152,575 and total expenditure to 31st October 2020 is £141,338. There is, therefore, a small favourable variance of £11,237. Employee related savings of £12,904. Travel related expenses are under spent by £4,205 due to covid-19. Supplies and Services are overspent by £6,515 due to extra cost relating to covid-19. Regulating Orders
The profiled expenditure budget for Regulating Orders is £5,775 and total expenditure to 31st October 2020 is £7,520. There is therefore a small adverse variance compared to the budget of £1,745 mainly due to purchase of metal oyster tags and a press for labelling oyster sacks, to replace single use plastic tags. Wrasse Permit Byelaws
The profiled expenditure budget for Wrasse Permit Byelaws is £394 and total expenditure to 31st October 2020 is £394. Income
CIFCA’s income totals £24,781, which is £15,619 less than total forecast budget. Prosecution income is £160, against a profile estimate of £2,333. There is, therefore, an adverse variance compared to budget of £2,173. Other income activities including other income, Project income and Regulating order income totals £19,079 against a forecast budget of £25,900. Staffing recharges income is £5,542, against a profile position of £5,542, reporting a balanced position. Reserves
It is anticipated that that the full year contribution from reserves will be £134,439 mainly to fund the refit of Saint Piran and the agreed contribution towards the additional Scientific Officer post, as approved by the Committee for this financial year. Contribution to Reserves in 2020/21 is £45,000, this is in line with the service policy of topping up reserves. Appendix 2 shows the forecasted position of the Committee’s Reserves as at the end of the 2020/21 financial year. Total reserves (Specific and General) are forecasted to be £635,536, well above the minimum recommended balance of £200,600.
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3. Benefits for Customers/Residents
This report is provided only to inform the Committee of budgetary performance. However, the information contained in this report could be used as a decision- making tool to potentially provide benefits for customers.
4. Relevant Previous Decisions
Previous budget monitoring reports have been noted and approved.
5. Consultation and Engagement
Not applicable for this report.
6. Financial Implications of the proposed course of action/ decision
This report is to inform Committee members of the performance against budget and subsequent reserve movements which are to be noted and approved if agreed.
7. Legal/Governance Implications of the proposed course of action/decision
There are no legal implications arising from this report.
8. Risk Implications of the proposed course of action/decision
By providing regular financial monitoring to the Committee, assurance can be provided that the finances of the undertaking are being managed effectively and appropriately. Budget variances are explained and action can be taken to address if appropriate. Budget monitoring information results from consultation with the Senior Management at the undertaking and the relevant officers from the CIFCA.
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9. Comprehensive Impact Assessment Implications
There are no Comprehensive Impact Assessment Implications attached to this report.
10. Options available
Whilst the Committee are requested to note the budget monitoring report, the Committee may also make further requests of the Chief Officer and/or Service Accountant with regards to its content.
11. Supporting Information (Appendices)
Appendix 1: 2020-21 April - October Budget Monitor Report
Appendix 2: Reserves
12. Background Papers
There are no further background papers in regard to this report.
13. Approval and clearance
All reports:
Final report sign offs This report has been Date cleared by (or mark not required if appropriate) Governance/Legal Simon Mansell 03.12.2020 (Required for all reports) Finance Tracy Stepney 03/12/2020 (Required for all reports) Equality and Diversity (If required) Service Director (Required for all reports) Strategic Director (If required)
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Page 16 Information Classification: CONTROLLED # CIFCA Committee Appendix 1 Revenue Budget Monitor Report
Year to Date Full Year REVENUE SUMMARY Actuals Profiled Variance 2020/21 Previous Variance Original Variance plus Accruals estimate from profiled Current forecast from previous Estimate from Original Budget Monitoring to 31 October 2020 to date to date estimate Forecast forecast 2020/21 Estimate £ £ £ £ £ £ £ £
Expenditure
Administration Employee related expenses 119,028 120,057 (1,029) 205,812 205,812 0 205,812 0 Premises related expenses 25,426 30,800 (5,374) 52,800 52,800 0 52,800 0 Travel Related Expenses 255 2,129 (1,874) 3,650 3,650 0 3,650 0 Supplies and services 22,624 36,123 (13,499) 61,925 61,925 0 61,925 0 Support services 6,175 5,425 750 9,300 9,300 0 9,300 0 Loan Interest 6,721 8,167 (1,446) 14,000 14,000 0 14,000 0 Loan Repayment 28,818 28,818 (0) 49,402 49,402 0 49,402 0 209,047 231,519 (22,472) 396,889 396,889 0 396,889 0
Enforcement Employee related expenses 224,938 225,364 (426) 386,339 386,339 0 386,339 0 Premises related expenses 205 642 (436) 1,100 1,100 0 1,100 0 Travel Related Expenses 92,536 105,117 (12,581) 180,200 180,200 0 180,200 0 Supplies and services 24,145 33,174 (9,029) 56,870 56,870 0 56,870 0 341,824 364,297 (22,473) 624,509 624,509 0 624,509 0
Research Employee related expenses 89,853 102,758 (12,904) 176,156 176,156 0 176,156 0 Premises related expenses 117 0 117 0 0 0 0 0
Page 17 Page Travel Related Expenses 16,095 20,300 (4,205) 34,800 34,800 0 34,800 0 Supplies and services 35,273 28,758 6,515 74,300 49,300 25,000 49,300 25,000 Support services 0 758 (758) 1,300 1,300 0 1,300 0 141,338 152,575 (11,237) 286,556 261,556 25,000 261,556 25,000
Regulating Orders Supplies and services 1,978 233 1,745 400 400 0 400 0 Support services 5,542 5,542 0 9,500 9,500 0 9,500 0 7,520 5,775 1,745 9,900 9,900 0 9,900 0
Wrasse Permit Byelaw Supplies & Services 394 394 0 675 675 0 675 0 394 394 0 675 675 0 675 0
Total Revenue Expenditure 700,122 754,559 (54,436) 1,318,529 1,293,529 25,000 1,293,529 25,000
Income Prosecution Income (160) (2,333) 2,173 (5,000) (5,000) 0 (4,000) (1,000) Other Income (102) (175) 73 (1,000) (1,000) 0 (300) (700) Project income (11,717) (394) (11,323) (15,000) (15,000) 0 (675) (14,325) Regulating Order income (7,260) (5,775) (1,485) (9,900) (9,900) 0 (9,900) 0 Staffing Recharges (5,542) (5,542) (0) (9,500) (9,500) 0 (9,500) 0
Total Revenue Income (24,781) (14,219) (10,562) (40,400) (40,400) 0 (24,375) (16,025)
Net Expenditure 675,341 740,340 (64,999) 1,278,129 1,253,129 25,000 1,269,154 8,975 Appendix 1 Agenda No. 6
Other Interest on balances (497) (1,167) 669 (2,000) (2,000) 0 (2,000) 0 Contribution to Reserves 0 0 0 45,000 45,000 0 45,000 0 Contribution from Reserves 0 0 0 (134,439) (109,439) (25,000) (109,439) (25,000)
Total Other (497) (1,167) 669 (91,439) (66,439) (25,000) (66,439) (25,000)
CIFCA Levy (1,202,716) (1,202,716) 0 (1,202,716) (1,202,716) 0 (1,202,716) 0
Net Committee Expenditure (527,872) (463,543) (64,329) (16,025) (16,025) 0 0 (16,025) Information Classification: CONTROLLED# Agenda No. 6
APPENDIX 2 Appendix 2 CORNWALL INSHORE FISHERIES AND CONSERVATION AUTHORITY
Reserves
Forecast Balance as at Forecast Balance as at 1st April, 2020 To Reserve From Reserve 31st March 2021 Comments £ £ £ £
Reserve
General Reserve Sea Fisheries Reserve 720,681.92 45,000.00 (134,439.00) 631,242.92 Research & Project Reserve 3,793.60 0.00 0.00 3,793.60 Grant Reserve 500.00 0.00 0.00 500.00
Total 724,975.52 45,000.00 (134,439.00) 635,536.52 Page 18 Page Agenda No. 7 Information Classification: PUBLIC
Report to: Cornwall Inshore Fisheries and Conservation Authority
Date: 17 December 2020
Title: Cornwall IFCA Revenue Budget 2021/22
Portfolio Area: N/A
Divisions Affected: All
Local Member(s) N/A briefed:
Relevant Scrutiny Committee: Scrutiny Management Committee
Authors, Tracy Stepney, Strategic Finance Manager, Roles and [email protected] Contact Details: Samantha Davis, Chief Officer Cornwall IFCA, [email protected] Julia Harvey, Service Accountant – Cornwall Council [email protected]
Approval and clearance obtained: N
For Cabinet and delegated executive decisions only
Key decision? (≥£500k in value or significant effect N on communities in two or more electoral divisions)
Published in advance on Cabinet Work Programme? N
Urgency Procedure(s) used if ‘N’ to Work N Programme?
Date next steps can be taken
Recommendation:
1. That the Inshore Fisheries and Conservation Authority levy on Cornwall Council be set at £1,226,770 for 2021/22.
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1 Executive Summary
1.1 The Cornwall Inshore Fisheries and Conservation Authority (CIFCA) are responsible for approving the Authority’s budgetary estimates for the forthcoming year. Therefore, this report sets out and recommends the approval of the revenue budget for CIFCA for financial year 2021/22 which would result in a total levy on Cornwall Council of £1,226,770 (an increase of £24,052 on the levy of £1,202,716 in 2020/21). In recognition of the pressures on the overall Cornwall Council budget particularly in light of the financial impact of covid-19, savings have been made by Cornwall IFCA to limit the proposed increase in the levy.
2 Purpose of Report and key information
2.1 Cornwall IFCA is a statutory body, made by Order on the 1 October 2010 and vested with its full powers on 1 April 2011. Under Article 16 of the Order, the Authority’s expenses (or budget) “must be defrayed by Cornwall Council”; therefore, the CIFCA Committee has levying power on Cornwall Council.
As in previous years, responsibility for agreeing the budget for the forthcoming year (2021/22) rests with the members of Cornwall IFCA and it is therefore for the Committee to consider if the proposed budget should be agreed.
2.2 From 2011 to 2016, the Department for Environment, Food and Rural Affairs (Defra) provided additional New Burdens funding to all ten IFCAs across England in recognition of both their expanded duties and extended geographical remits. This funding was reviewed in 2016 and agreed nationally for a further four years. In 2020/21, Defra’s contribution through this mechanism to Cornwall IFCA (paid to Cornwall Council) was £324,838. In response to the impact of covid-19 on the country’s financial position, in late November, HM Treasury announced a spending review for the 2021 to 2022 period only. The submission made to Treasury by Defra included the existing contribution paid to all ten IFCAs.
2.3 When setting the 2021/22 budget, Cornwall IFCA recognises that Cornwall Council faces unprecedented budgetary challenges in the coming year due to the impacts of dealing with the covid-19 pandemic. In recognition of this, Cornwall IFCA has limited the increase to the levy only to cover unavoidable additional expenditure.
As would be expected, Cornwall IFCA’s officers and accountants have worked hard to identify savings and efficiencies so that it can meet the pressures it faces with only increasing the levy by the £24,052 identified above. The CIFCA had considered the option of not increasing the levy, but this is not feasible without impacting on the work that the IFCA will have to do in 2021/22, a period which will also cover the implementation of a new domestic fisheries management regime following the end of the EU transition period. The detailed budget is set out in Appendix 1.
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2.4 As an organisation, 62% of our total expenditure relates to the employment of staff so any small changes in pay, national insurance and superannuation have an impact. However, as HM Government has taken the decision to withhold the national public sector pay award, the overall impact of increased employee costs has been reduced in the coming year.
2.5 The majority of cost centres have been maintained at 2020/21 levels wherever possible, with small inflationary increases applied for items such as insurance, as well as rent, rates and service charges for our premises. There has been a significant increase in the budget for legal fees in recognition of the financial impact of impending Crown Court cases in the forthcoming year. In recognition of the change in working practices from face to face meetings to virtual ones as a result of covid-19, predicted expenditure on rail travel has been halved. The RIB trailer also needs replacing at a cost of £8,000 as part of a five year renewal plan, expenditure which was postponed from 2020.
2.7 We assume that we will be asked to deliver additional functions on behalf of Defra as the new UK fisheries management regime starts to develop through the implementation of the Fisheries Act, but these have not yet been defined. Formal agreements are in place with the MMO for chartering our patrol vessel.
2.8 The proposed IFCA budget for 2021/22 is maintained at a level where the Service can continue to fulfil its statutory remit and deliver on its short and medium term work programmes but it is likely that additional expenses may have to be absorbed if they arise, depending upon their scale. As in previous years, the budget has been reworked to fund pressures where needed and make savings where possible.
2.9 In 2020/21 it was felt prudent to hold a minimum reserve of £200,600 which is within the IFCA’s current forecast reserves balance. The budget contains a contribution to the reserves of £45,000 in 2021/22 to plan for future vessel refits and replacement. It is estimated that the reserve figure at the end of 2021/22 will stand at £680,537.
3 Benefits for Customers/Residents
3.1 Not applicable for this report.
4 Relevant Previous Decisions
4.1 The approval for the CIFCA’s budget for the current year (2020/21) was made by the Committee in December 2019.
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5 Consultation and Engagement
5.1 Not applicable for this report.
6 Financial Implications of the proposed course of action/decision
6.1 If the CIFCA’s net budget proposed is approved then Cornwall Council will be levied for £1,226,770 in 2021/22.
7 Legal/Governance Implications of the proposed course of action/decision
7.1 None arising directly from this report however, there is the ned for the CIFCA to help the Council deliver a balanced budget and it is considered that the small increase reflates this. Additionally, if the budget is reduced in real terms then the CIFCA may not be able to meet its legal obligations and legal implications may arise from this.
8 Risk Implications of the proposed course of action/decision
8.1 This report enables the Committee to gain assurance that its financial resources are managed effectively, and that financial risk is mitigated.
9 Comprehensive Impact Assessment Implication
9.1 There are no Equality and Diversity, Safeguarding, Information Management, Community Safety, Crime and Disorder or Health, Safety and Wellbeing implications associated with this report.
10 Options available
10.1 The proposed CIFCA budget for 2021/22 is at a level where the service can continue to fulfil its remit during a period of unparalleled change following the move to a new UK fisheries management system and at a time when there will increased expectation to deliver more functions with limited resources as the country continues to adapt to covid-19. The contribution to reserves contained within the proposed budget ensures that the service has allowed for key future costs (refit) and also that it has a general reserve capable of absorbing any additional unplanned costs that may arise. Should Members of the Committee approve the net budget as set out then it will be funded by a levy on Cornwall Council of £1,226,770.
11 Supporting Information (Appendices)
11.1 Detailed CIFCA Budget 2021/22 – Appendix 1.
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12 Approval and clearance
All reports:
Final report sign offs This report has been Date cleared by (or mark not required if appropriate) Governance/Legal Simon Mansell 03.12.2020 (Required for all reports) Finance Tracy Stepney 03/12/2020 (Required for all reports) Equality and Diversity (If required) Service Director (Required for all reports) Strategic Director (If required)
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Cornwall Inshore Fisheries and Conservation Authority - Proposed Budget 2021/22 Appendix 1 Agenda No. 7
Administration Research Enforcement Regulating Wrasse Total Appendix 1 Expenditure Orders 2021/22 £ £ £ £ £ £
Employees 205,547 177,536 377,316 0 0 760,399 Premises 48,943 300 1,100 0 0 50,343 Transport 2,150 46,800 90,200 0 0 139,150 Supplies and Services 73,631 39,450 62,570 400 1,000 177,051 Support Services 9,500 1,300 0 9,500 0 20,300 Minimum Revenue Provision & Loan Interest 63,402 0 0 0 0 63,402
Total 403,173 265,386 531,186 9,900 1,000 1,210,645
Income (8,300) (6,000) (4,000) (9,900) (675) (28,875)
Reserves Contribution to 0 0 45,000 0 0 45,000 Contribution from 0 0 0 0 0 0 Page 24 Page
Net 2021/22 Budget financed by Levy 394,873 259,386 572,186 0 325 1,226,770 on Cornwall Council
CIFCA Reserves 2021/22
* Please note: these figures are provisional. Opening balance is based on the projected reserve balance October 2020.
Opening Contribution Contribution Closing Balance* to from Balance
£ £ £ £
Survey & Refit - - - - General Reserve 631,243 45,000 - 676,243 Research & Projects 3,794 - - 3,794 Grant Reserve 500 - - 500
635,537 45,000 - 680,537 Agenda No. 8 Information Classification: PUBLIC
Date: 17 December 2020
Title: Update from Byelaw Working Group (9 November 2020)
Author: Samantha Davis, Chief Officer
Contact: 01736 336842 [email protected]
Recommendations:
1. Members note the contents of this report.
2. Due to a vacancy arising on the Byelaw Working Group the Committee appoints a new member to Working Group.
1. Executive summary 1. This report summarises a number of the items which were discussed at the Byelaw Working Group (BWG) held on 9 November 2020.
2. As a result of this meeting, officers will proceed with the actions set out in section 3.
3. A vote is taken to appoint a new member to BWG to fill the existing vacancy.
2. Background - update on BWG discussions The Cornwall IFCA Byelaw Working Group (BWG) met online on 9 November 2020 to discuss a number of items of ongoing work by officers.
2.1 Review of the Cornwall Closed Areas (European Marine Sites) No. 2 byelaw – agenda report 1. At the previous Byelaw Working Group meeting in July, as reported to the September Authority meeting, officers had provided an
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introduction to the review process for this byelaw. This had been triggered because this version had been in place for five years.
2. Issues which would need to be addressed in this review include the relationship between the byelaw and the Fal Fishery Order, to ensure that the two pieces of legislation worked smoothly together as intended.
3. One of the key considerations for reviewing the scope and shape of any replacement byelaw is the availability of an operational inshore vessel monitoring system (iVMS). It had been hoped that since the previous BWG meeting in July, significant progress would have been made with the national iVMS project, but it was reported to members that a final decision still hadn’t been reached. Members expressed concern at the continuing delays and the knock on impact this process could have for redeveloping this byelaw. Alternative tracker technology is being trialled in Scotland which could offer a faster, cheaper solution and there could be scope for the use of a Cornwall IFCA byelaw if national legislation is not forthcoming very shortly.
4. Members also queried whether further evidence gathering would be required if the byelaw needed to be amended spatially to stop incursions of vessels in closed areas. Officers thought that the more difficult issue was the potential challenge to closing areas without site features in order to offer greater protection to existing, well documented site features.
2.2 Ring netting and seagrass in MPAs – verbal report 1. Officers provided a further verbal update that this issue had now been raised with the Cornish Sardine Management Association so that its members were now aware of our intention to look at this issue. Survey work to assess the direct impact of ring nets would be carried out next summer when the beds were present again, as they die back during the winter.
2.3 Fixed and Drift Nets (Salmonid Protection) byelaw – agenda report 1. Members were asked to consider a first draft of a byelaw for the protection of salmon and sea trout. The title was changed from previous proposals to reflect the purpose of the byelaw and issues raised in previous discussions had now been included in the measures listed in the draft. Members discussed the draft and suggested amendments were subsequently made to clarify the exemption of certain nets that were not intended to be within the scope of the byelaw.
2.4 Update on Crustacean Fisheries Management Plan (FMP) 1. Members were updated on the next steps for this Crustacean FMP. A new member of the research team on a fixed term contract had been tasked to start this work and complete it up to the first draft.
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By the end of March, there should be a range of options for the plan including how to set out harvest strategies and controls.
2.5 Vacancy for BWG member 1. Due to the retirement of one of the Authority members, a vacancy has arisen on this group and the Committee are asked to appoint a new member to the BWG to fill this vacancy.
3. Outcomes and outputs 1. Officers will bring back an options paper for the revision and amendment of the Cornwall Closed Areas (European Marine Sites) No. 2 byelaw to BWG in Spring 2021. If there is no national iVMS solution, other options will be considered including the use of alternative technology and a bespoke byelaw for the Cornwall IFCA District. Officers will also investigate the costs of the trackers being trialled in Scotland.
2. Officers will develop survey designs for gathering evidence on impacts of ring netting on seagrass for summer 2021 and continue to liaise with the Cornish Sardine Management Association.
3. Officers had hoped to use a draft Fixed and Drift Nets (Salmonid Protection) Byelaw as the basis of further consultation prior to making the byelaw at the Authority meeting in December but there was insufficient time available to do this. As a result, the decision was taken to take a draft of the byelaw to the December Authority meeting, prior to further informal consultation.
4. Members will be updated on progress of the draft Crustacean Fisheries Management plan at the next BWG meeting.
5. A replacement needs to be recruited from the Authority’s membership, via a vote taken in full committee at this December meeting. Members are appointed to the group by interest and the Group is not subject to political or committee balance protocols. Members are invited to express their interest and provide a summary of the attributes they would bring to the role by email to the clerk of the committee no later than Monday 14th December. This information will be provided to all Members in advance of the meeting for consideration. Normal voting protocols will be used to appoint a Member to the Group.
4. Options available and consideration of risk 1. Management of the impact of fishing activities on conservation features of inshore marine protected areas is a legal responsibility for IFCAs. It is sensible to delay the development of options for amending or replacing the Cornwall Closed Areas (European Marine Sites) Byelaw No.2 until spring 2021, in order to consider any
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national measures for the implementation of the iVMS programme. If none are available by then, Cornwall IFCA will proceed with its review on that basis in order to take the byelaw forward.
2. Management of the impact of fishing activities on conservation features of marine protected areas is a legal responsibility for IFCAs. This particular interaction between ring nets and seagrass has been identified as requiring management.
3. Further informal consultation is required on the draft Fixed and Drift Nets (Salmonid Protection) Byelaw so the decision was made subsequent to the meeting, with agreement from members, that this matter needed to be determined through a separate agenda item (see agenda item 10).
4. The development of a draft crustacean fisheries management plan will fulfil a work commitment presented within the five year legislative forecast previously agreed by the full Authority.
5. The BWG needs a diversity of members to advise the full Authority on technical issues relating to the development of new management measures including byelaws.
5. Proposed way forward 1. As set out in section 3 above.
6. Implications
Implications Relevant Details and proposed measures to address to proposals Y/N Legal/Governance N There are no legal implications arising from this report which relates to ongoing work. Financial N All current work proposed will be met within existing budgets. Risk Y The Cornwall Closed Areas (European Marine Sites) No. 2 byelaw requires review and potential amendment or replacement, but national IVMS policy implementation should be taken into consideration, if available. There is a statutory duty to manage fishing activities within SACs and MCZs within the Cornwall IFCA District. The draft coastal netting byelaw must be subject to informal consultation prior to any formal byelaw making process. Cornwall IFCA has a commitment to developing a Crustacean FMP in 2021. The BWG needs sufficient members to remain
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quorate and to contribute relevant expertise. Comprehensive Impact Assessment Implications
Equality and N N/A Diversity
Safeguarding N N/A
Information N N/A Management
Community N N/A Safety, Crime and Disorder
Health, Safety N N/A and Wellbeing Other N N/A implications
Supporting Information
Appendices:
Appendix 1: Expressions of interest for membership of Byelaw Working Group.
Background Papers:
None.
Approval and clearance of report
All reports:
Final report sign offs This report has been Date cleared by OR not significant/not required Legal Simon Mansell 04.12.2020 (if significant/required) Finance Tracy Stepney 03/12/2020 Required for all reports Equality and Diversity NA
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Page 30 Agenda No. 8 InformationAppendix Classification: 1 CONTROLLED
Byelaw Working Group Update – 17 December 2020 - Appendix 1 Membership of the Byelaw Working Group - Expressions of interest
Andrew Pascoe: I am an active fisherman with almost forty years practical experience of all types and methods of fishing within the CIFCA District. I have an understanding of practical implications as well as the regulatory requirements and objectives. I feel these attributes and fields of expertise will enable me to make an informed and meaningful contribution to the Byelaw Working Group.
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Date: 17 December 2020
Title: Coastal Fishing Nets (Salmonid Protection) Byelaw 2021
Author: Simon Cadman – Principle Enforcement Officer
Contact: 01736 336842 [email protected]
Recommendation:
That members support the use of the latest draft of the Fixed and Drift Nets (Salmonid Protection) Byelaw for a further period of informal consultation.
1. Executive summary 1. A draft Fixed and Drift Nets (Salmonid Protection) Byelaw (see appendix 1) has been developed, following input from previous informal consultations with stakeholders and through discussion with members of the Byelaw Working Group over several years.
2. The byelaw is required to give salmon and sea trout a reasonable degree of protection from both fixed and drift nets used in coastal waters to target sea fish species only.
3. Historically, only fixed nets set in certain areas were subject to restrictions. This draft byelaw introduces new areas of coastline where a three metre headline depth is required for fixed nets at all times and also introduces areas where both fixed and drift nets are prohibited (see appendix 2).
4. If Authority members are content with the draft byelaw, it will be shared through a further period of informal stakeholder consultation from mid December 2020 through to 22 January 2021. The consultation feedback and associated information we receive will be reported back to the BWG in
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February and used to populate an impact assessment (IA) which will be required to accompany the byelaw.
5. The aim is for the byelaw to be made at the following Authority meeting in March 2021. This would be followed by a statutory formal public consultation process.
2. Background 1. Fixed Engines byelaws have existed within the Cornwall IFCA district since 1987. A ‘fixed engine’ is a term used to describe certain nets that are in connection with the seabed. Cornwall IFCA began a fresh look at netting management in 2012, after adopting a myriad of legacy byelaws from the Environment Agency and Devon Sea Fisheries Committee in 2011. This has been a long and complex piece of work since that point and so far, has resulted in the River and Estuarine Nets Byelaw in 2017. This had originally been developed in parallel with this salmonid byelaw but in order to make progress, the work on the river and estuarine byelaw was prioritised.
2. The informal consultation work on a new byelaw to protect salmonids from the effects of nets used to target sea fish in the Cornwall IFCA district started several years ago but gained significant attention from stakeholders when proposals for robust netting restrictions were put forward for informal consultation earlier in 2019. The feedback to this process provided the Byelaw Working Group with detailed information which it used at its meeting in October 2019. The discussions at that meeting led to a further set of proposals which should then have been put out for more informal consultation at the end of 2019 but other pressures on the service meant that this was not done in time to report to either the December 2019 or March 2020 Authority meetings.
3. Once BWG meetings were finally reconvened online in July 2020 following the disruption to everyone’s working practices from the covid-19 pandemic, officers returned to this workstream and the existing proposals were developed into the draft byelaw which were discussed by BWG in October. Whilst the initial plan at that point was to bring the draft byelaw to the December Authority meeting for members to discuss and potentially make the byelaw, this did not allow enough time for any further public consultation before reports needed to be prepared for this meeting. Consequently, the decision was made to present the draft byelaw at the December meeting, with the recommendation that it should then available for informal consultation straight after the meeting.
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3. Outcomes/outputs 1. The measures contained within the draft byelaw (appendix 1) apply to areas where salmon and sea trout are understood to be most vulnerable to accidental capture within fixed and drift nets. The netting restrictions and prohibitions encompass significantly more coastline than previous Fixed Engines legacy byelaws, extending along approximately 26% of the Cornish coast. There are also new restricted areas which were not previously covered by the legacy byelaw, for example, in Perran or Ligger bay, off Perranporth Beach and in the inner part of Falmouth Bay.
2. The title of the byelaw has been changed from earlier proposals to reflect its purpose more clearly.
3. The following coastal area are proposed for net fishing restrictions. For each area, the relevant part of the coast, or the brooks, streams or rivers which are important for salmon and sea trout are also listed, as follows: (See appendix 2 for illustrative maps showing details of boundary lines and restricted or prohibited netting areas)
Entrance to Boscastle Harbour (Valency river) Fixed nets and drift nets are prohibited.
Rumps Point to Trevose Head (Camel estuary) Fixed nets prohibited where the headline is less than three metres from the sea surface. Additionally, to landward of a line drawn between Pentire Point and Stepper Point, fixed nets and drift nets are prohibited.
Trenance Point to Penhale Point (Porth river, The Gannel) Fixed nets prohibited where the headline is less than three metres from the sea surface.
Ligger Point to mainland near Shag Rock (Perran Bay) Fixed nets prohibited where the headline is less than three metres from the sea surface.
Godrevy Point to Clodgy Point (Red river, Hayle river) Fixed nets prohibited where the headline is less than three metres from the sea surface.
Penlee Point to Cudden Point (Coombe river, Chyandour brook) Fixed nets prohibited where the headline is less than three metres from the sea surface.
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Porthkerris Point to Dodman Point (Helford river, Fal rivers complex, Caerhays stream) Fixed nets prohibited where the headline is less than three metres from the sea surface.
Menease Point to Turbot Point (Gorran Haven) Fixed nets prohibited where the headline is less than three metres from the sea surface.
Penare Point to the mainland north of Udder Rock (St Austell river, river at Par, Fowey river) Fixed nets prohibited where the headline is less than three metres from the sea surface. Additionally, to landward of a line drawn between Gribbin Head and Pencarrow Head, fixed nets and drift nets are prohibited.
Hore Stone to Picklecombe Point (Looe river / Seaton river / Tamar rivers complex) Fixed nets prohibited where the headline is less than three metres from the sea surface.
4. For the avoidance of any confusion or accidental inclusion of certain fishing methods and fishing gears not intended to be covered by the byelaw, these are specifically exempted from the fixed net restrictions and drift net prohibitions, as follows: A drift net does not include any mid-water trawl, seine net, brailling net, or landing net used in conjunction with fishing by rod and line or trolling line; and A fixed net does not include any bottom trawl, seine net, brailling net, or a landing net used in conjunction with fishing by rod and line or trolling line, any net which forms part of a dredge, pot or fish trap, or a net which when fully expanded does not exceed an area of more than four meters squared where it is operated only manually and not in connection with any vessel or mechanical device.
5. With a fixed net being defined as a tier of fishing net in connection with the seabed, shore or any fixed or moored object, the normal use of splash nets in shallow coastal areas is thereby prohibited.
6. The byelaw measures listed above, if approved by the full Authority, include some significant changes to the previous proposals for net fishing restrictions and will, therefore, require a further period for informal consultation to take place.
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4. Options available and consideration of risk 1. As this is the first published draft of the Fixed and Drift Nets (Salmonid Protection) Byelaw, it is important for it to be open to informal public consultation, although this causes a further short delay in its development. Informal consultation provides everyone with an interest to comment, raise concerns or suggestions and provide more information to support a position or viewpoint. This can be fed back into the discussions by members through the BWG and full committee. It also helps officers to develop the impact assessment (IA) to provide key socioeconomic information to explain how the byelaw may affect individuals, businesses, communities and the environment. This IA must be submitted to Defra at the relevant stage in the byelaw making process.
2. This draft byelaw affords salmon and sea trout off the coast of Cornwall with more protection from netting activity than has ever been in place before in previous byelaws. As a result, it is likely to have an impact on some commercial fishermen, who may raise objections both at this stage, and also again during the formal consultation if the byelaw is subsequently made by the Authority.
3. Equally, the draft byelaw does not include some of the initial proposals, discussed at Byelaw Working Group, that were consulted on informally last year. This is likely to result in objections from stakeholders who wish to see a greater degree of protection for salmonids than set out in this draft byelaw.
4. There is likely to be support for these measures from some stakeholders and organisations who wish to see progress towards a final byelaw. As with all IFCA byelaws, the decision on the final measures lies with the Authority members and ultimately, with Defra, whose agreement is required to confirm the byelaw.
5. Proposed way forward 1. Members consider the proposed netting byelaw and decides whether it is appropriate for a further round of informal consultation ending in mid January 2021.
6. Implications
Implications Relevant Details and proposed measures to address to proposals Y/N
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Legal/Governance Cornwall IFCA must manage impacts of fishing activities within its district. For the purpose of performing that duty, Cornwall IFCA may make byelaws or adopt other management methods for its district. Financial The costs of developing this byelaw will be met within the Cornwall IFCA budget. Risk Risks for Cornwall IFCA are as set out in section 4 above. Comprehensive Impact Assessment Implications Equality and N/A Diversity Safeguarding N/A Information N/A Management Community N/A Safety, Crime and Disorder Health, Safety and N/A Wellbeing Other implications N/A
Supporting Information Appendix 1: Draft Fixed and Drift Nets (Salmonid Protection) Byelaw Appendix 2: Draft Fixed and Drift Nets (Salmonid Protection) Byelaw charts
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Agenda item no.10 - Appendix 1
CORNWALL INSHORE FISHERIES AND CONSERVATION AUTHORITY
MARINE AND COASTAL ACCESS ACT 2009 (c.23)
Fixed and Drift Nets (Salmonid Protection) Byelaw 2021
The Authority for the Cornwall Inshore Fisheries and Conservation District in exercise of the powers conferred by sections 155 and 156 of the Marine and Coastal Access Act 2009 makes the following byelaw for that District.
Interpretation
1. In this byelaw-
(a) “Authority” means the Cornwall Inshore Fisheries and Conservation Authority as defined in Articles 2 and 4 of The Cornwall Inshore Fisheries and Conservation Order 2010 (SI 2010 No. 2188);
(b) “baselines” means the 1983 baselines as defined in Article 3 of The Cornwall Inshore Fisheries and Conservation Order 2010;
(c) “co-ordinate” means a co-ordinate on the World Geodetic System 1984 Datum (WGS84);
(d) “District” means the Cornwall Inshore Fisheries and Conservation District as defined in Articles 2 and 3 of The Cornwall Inshore Fisheries and Conservation Order 2010;
(e) “drift net” means a net placed or used for taking sea fish, where no part of the net or any attachment to the net is directly or indirectly in connection with the sea bed, shore or a fixed object, including a vessel or other floating object which is in connection with the sea bed, shore or a fixed object. It does not include any mid-water trawl, seine net, brailling net, or landing net used in conjunction with fishing by rod and line or trolling line;
(f) “fixed net” means a net placed or used for taking sea fish, where any part of the net or any attachment to the net is directly or indirectly in connection with the sea bed, shore or a fixed object, including a vessel or other floating object which is in connection with the sea bed, shore or a fixed object. It does not include: (i) any bottom trawl, seine net, brailling net, or a landing net used in conjunction with fishing by rod and line or trolling line; (ii) any net which forms part of a dredge, pot or fish trap; (iii) any net which when fully expanded does not exceed an area of more than four meters squared, where it is operated only manually and not in connection with any vessel or mechanical device;
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(g) “headline” means a rope which is attached directly to the top meshes of a net, along the whole length of the net;
(h) “prohibited netting area” means the areas defined in part 1 of the Schedule;
(i) “restricted fixed netting area” means the areas defined in part 2 of the Schedule;
(j) “river, estuary, channel or stream” means the River Camel, The Gannel, Hayle estuary, Helford River, River Fal, River Fowey, Looe River, Plymouth Sound, River Tamar and River Lynher, as defined in part 3 of the Schedule, and areas within tidal limits to landward of a geodesic line drawn between points on the low-water line of the banks of any other river, estuary, channel or stream;
(k) “sea fish” means fish, whether fresh or cured, of any kind found in the sea, including shellfish, and any parts of any such fish or shellfish, except the fish species referred to in section 153(11) of the Marine and Coastal Access Act 2009.
Prohibition
2. A person must not place or use a fixed net or a drift net for taking sea fish in a prohibited netting area.
3. A person must not place or use a fixed net for taking sea fish in a restricted fixed netting area where, at any time, the net headline or any of the meshes of the net are set less than three metres below the surface of the sea.
Exemption
4. This byelaw does not apply in any river, estuary, channel or stream.
5. This byelaw does not apply to any person performing an act which would otherwise constitute an offence against this byelaw, if that act was carried out in accordance with a written permission issued by the Authority, permitting that act for scientific, stocking or breeding purposes.
Revocation
6. The following byelaw is revoked:
The byelaw with the title “Fixed Engine Byelaw” made by the Committee for the Cornwall Sea Fisheries Committee in exercise of its powers under section 5 of the Sea Fisheries Regulation Act 1966, as confirmed by the Secretary of State for Environment, Food and Rural Affairs on 22 December 2010, that was in force immediately before the making of this byelaw.
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SCHEDULE
1. Co-ordinates and boundary lines for prohibited netting areas:
(a) The landward side of a geodesic line drawn from Penally Point (A) (50º 41.500’N 004º 42.050’W) to Willapark (B) (50º 41.400’N 004º 42.250’W), within the tidal limit, excluding any river, estuary, channel or stream;
(b) The landward side of a geodesic line drawn from Pentire Point (F) (50º 35.200’N 004º 56.123’W) to Stepper Point (G) (50⁰ 34.120’N 004⁰ 56.700’W), within the tidal limit, excluding any river, estuary, channel or stream;
(c) The landward side of a geodesic line drawn from Gribben Head (SZ) (50º 18.780’N 004º 40.366’W) to Pencarrow Head (SX) (50º 19.404’N 004º 35.398’W), within the tidal limit, excluding any river, estuary, channel or stream.
2. Co-ordinates and boundary lines for restricted fixed netting areas:
(a) The landward side of a geodesic line drawn from Rumps Point (C) (50º 35.640’N 004º 55.480’W) to the Newland (D) (50º 35.570’N 004º 56.920’W) and thence to Trevose Head (E) (50º 32.960’N 005º 02.020’W), within the tidal limit, excluding any river, estuary, channel or stream;
(b) The landward side of a geodesic line drawn from Trenance Point (I) (50º 28.433’N 005º 02.395’W) to a position at (J) 50º 24.515’N 005º 09.150’W, thence to Carter’s Rock (K) (50º 23.490’N 005º 09.745’W) and thence to Penhale Point (L) (50º 23.365’N 005º 09.475’W), within the tidal limit, excluding any river, estuary, channel or stream;
(c) The landward side of a geodesic line drawn from Ligger Point (O) (50º 22.78’N 005º 09.400’W) to the mainland at (P) 50º 20.628N 005º 10.123’W, within the tidal limit, excluding any river, estuary, channel or stream;
(d) The landward side of a geodesic line drawn from Godrevy Point (Q) (50º 14.430’N 005º 23.730’W) to Clodgy Point (R) (50º 13.155’N 005º 29.590’W), within the tidal limit, excluding any river, estuary, channel or stream;
(e) The landward side of a geodesic line drawn from Penlee Point (SA) (50º 05.300’N 005º 32.010’W) to Cudden Point (SB) (50º 05.820’N 005º 25.740’W), within the tidal limit, excluding any river, estuary, channel or stream;
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(f) The landward side of a geodesic line drawn from Porthkerris Point (SG) (50º 03.960’N 005º 03.980’W) to a position at (SH) 50º 07.845’N 005º 01.332’W, thence to a position at (SI) 50º 07.845’N 005º 00.067’W, thence to a position at (SJ) 50º 09.645N 004º 57.655’W, thence to a position at (SK) 50º 11.130’N 004º 57.655’W), thence to a position at (SL) 50º 11.130’N 004º 54.388’W, thence to a position at (SM) 50º 13.105’N 004º 52.030’W and thence to Dodman Point (SN) (50º 13.105N 004º 50.990W), within the tidal limit, excluding any river, estuary, channel or stream;
(g) The landward side of a geodesic line drawn from Maenease Point (SO) (50º 14.252’N 004º 46.823’W) to Turbot Point (SP) (50º 15.141’N 004º 46.090’W), within the tidal limit, excluding any river, estuary, channel or stream;
(h) The landward side of a geodesic line drawn from Penare Point (SO) (50º 16.720’N 004º 46.668’W) to a position at (SR) 50º 17.795’N 004º 45.081’W, thence to a position at (SS) 50º 09.435’N 004º 43.095’W, thence to a position at (ST) 50º 18.190’N 004º 40.040’W, thence to the Udder Rock (SU) (50º 19.122’N 004º 33.970’W) and thence to the mainland at (SV) 50º 19.653’N 004º 33.380’W, within the tidal limit, excluding any river, estuary, channel or stream;
(i) The landward side of a geodesic line drawn from the mainland at (AA) 50º 19.953’N 004º 28.486’W) to a position at (AB) 50º 18.356’N 004º 13.414’W, thence to a position at (AC) 50º 18.356’N 004⁰ 09.600’W, thence to a position at (AD) 50⁰ 20.070’N 004⁰ 09.600’W and thence to Picklecombe Point (AE) (50º 20.583’N 004º 10.220’W), within the tidal limit, excluding any river, estuary, channel or stream.
3. Co-ordinates and boundary lines for rivers, estuaries, channels and streams:
River Camel: The area within tidal limits, to landward of a geodesic line drawn from Trebetherick Point (50º 33.874’N 004º 55.899’W) to Stepper Point (50º 34.120’N 004º 56.700’W);
The Gannel: The area within tidal limits, to landward of a geodesic line drawn from Salt Cove (N) (50º 24.633’N 005º 07.395’W) to Vugga Cove (M) (50º 24.380’N 005º 07.920’W);
Hayle estuary: The area within tidal limits, to landward of a geodesic line drawn from Carrack Gladden (50º 11.900’N 005º 27.340’W) to Black Cliff (50º 11.943’N 005º 25.700’W);
Helford River: The area within tidal limits, to landward of a geodesic line drawn 195° True from Mawnan Shear (50º 05.980’N 005º 06.000’W) to a position on the opposite shore at 50º 05.585’N 005º 06.155’W;
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River Fal: The area within tidal limits, to landward of a geodesic line drawn from Pendennis Point (50º 08.608’N 005º 02.560’W) to Saint Anthony Head (50º 08.432’N 005º 00.935’W);
River Fowey: The area within tidal limits, to landward of a geodesic line drawn from Saint Catherine’s Point (50º 19.683’N 004º 38.643’W) to Punch Cross Rocks (50º 19.627’N 004º 38.399’W) and thence to a position on the mainland at 50º 19.627’N 004º 38.359’W;
Looe River: The area within tidal limits, to landward of a geodesic line drawn from Nailzee Point (50º 21.033’N 004º 27.068’W) to the end of the outer pier at Looe (50º 21.057’N 004º 27.061’W);
Plymouth Sound, River Tamar and River Lynher: The area within tidal limits, to landward of a geodesic line drawn from Picklecombe Point (50° 20.583’N 004° 10.220’W) to a position near the western end of the Plymouth Breakwater at 50° 20.070’N 004° 09.600’W.
Explanatory Note (This note does not form part of the Byelaw)
This byelaw is for the protection of salmon and sea trout at locations totalling 110 miles of the Cornwall coastline (c.26%) where they are most vulnerable to accidental capture from drift nets and fixed nets that are used for catching sea fish.
Within three specified areas it is prohibited to use fixed or drift nets.
Within nine specified areas fixed nets must be maintained at least three metres below the sea surface.
The byelaw is not applied to certain net fishing methods and fishing equipment that incorporates netting where the general risk to salmonid mortality is not significant.
A net used contrary to the byelaw for scientific, stocking or breeding purposes may be allowed by authorisation of the Authority.
The use of nets for taking sea fish within rivers, estuaries, channels and streams is managed separately under a Cornwall IFCA byelaw and the legislation of other authorities.
Page 42 Agenda No. 9 InformationAppendix Classification: 2 CONTROLLED
Agenda item 10 - Appendix 2
Charts for draft Fixed and Drift Nets (Salmonid Protection) Byelaw 2021:
Prohibited Netting Areas (a) to (c)
(a) Penally Point to Willapark (entrance to Valency River)
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(b) Pentire Point to Stepper Point (entrance to River Camel)
(c) Gribben Head to Pencarrow Head (entrance to River Fowey)
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Restricted Fixed Netting Areas (a) to (i)
(a) Rumps Point to Trevose Head
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(b) Trenance Point to Penhale Point
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(c) Ligger Point to the mainland near Shag Rock
(d) Godrevy Point to Clodgy Point
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(e) Penlee Point to Cudden Point
(f) Porthkerris Point to Dodman Point
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(g) Maenease Point to Turbot Point (h) Penare Point to the mainland near Udder Rock
(i) Mainland near the Horestone to Picklecombe Point
Page 49 Agenda No. 10 Information Classification: PUBLIC
Date: 17 December 2020
Title: Bass landings and the development of compliance and enforcement measures
Author: Samantha Davis, Chief Officer
Contact: [email protected]
Recommendation: That officers develop a scoping paper for discussion by the Byelaw Working Group in February 2021.
1. Executive summary 1. The landings of bass from netting vessels in Cornwall was discussed by this Authority at its September 2020 meeting but subsequently, officers have been increasingly involved in enforcement activity relating to this fishery during October and November. This fishery is managed through EU emergency measures, but key aspects of this legislation are not clearly defined, creating enforcement challenges and inappropriate fishing practices by some net fishermen. Whilst this is a national issue, it is currently not being resolved at that level.
2. The Authority is committed to starting the development of a net fisheries management plan in March 2021, but in light of the more recent activities in certain areas, the particular situation around bass landings from netters requires closer attention now.
3. Officers propose to bring a paper to the Byelaw Working Group at its next meeting in February 2021, to examine in detail if any locally based measures would be effective, or whether this can only be resolved at a national level, through changes to fishing licence conditions or by defining what is meant by ‘unavoidable bycatch’ . Page 50 Information Classification: PUBLIC
4. Officers will continue to prioritise this enforcement matter through the winter and try to gather as much data as possible to inform the BWG scoping paper.
2. Background 1. At the September meeting of this Authority, a paper was presented to Members, which amongst other issues relating to the overall EU and national management of bass landings, detailed the existing control and monitoring measures which are used by the MMO to track these landings, as well as the inherent limitations to the existing process. It also explained the different responsibilities of both the MMO and IFCAs and highlighted the need for greater access to landings data by IFCAs, a situation which should be helped by the roll out of new data sharing agreements between the MMO and each IFCA in the coming months.
2. The targeting of bass as a ‘directed fishery’ is currently prohibited under the existing EU emergency bass measures, but in recognition of the nature of mixed fisheries, the relevant legislation contains a derogation through which netting vessels have been allocated an annual limit for landings of ‘unavoidable bycatch’ of bass. This term has not been defined at an EU level and is therefore very difficult to enforce. In recognition of this point, members directed officers to write to Defra, asking if a definition of ‘unavoidable bycatch’ could be provided. This question was directed in the first instance to the director of marine and fisheries, who responded by return email on 8 October 2020, confirming that this matter would be passed to the relevant team for a response.
3. During October and particularly into November, the number and frequency of reported bass landings from both nets and hook and line fisheries increased around the Cornish coast, as would be expected at this time of the year and in many cases, reference was made by commercial fishermen to officers regarding the relative abundance of bass. Reports also started to come into both Cornwall IFCA and the MMO about repeated, large landings of bass, albeit within specified limits and questions were raised over whether these vessels were exceeding their overall annual catch allocations.
4. As detailed in the relevant section of the Chief Officer’s report for this autumn quarter, both organisations have increased their frequency of co-ordinated shore patrols at key ports where bass landings were common and a number of landings of 100% bass were observed by officers. In response to concerns about vessels exceeding their catch limits, the MMO has been closely monitoring landing patterns and the catch and sales records it collates for all individual licensed fishing vessels, in order to determine whether any EU regulation or licensing rules have been contravened. However, until the terms ‘unavoidable bycatch’ and ‘directed fisheries’ as used in EU legislation are
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defined, this leaves the burden of proof for certain offences difficult to establish.
5. More recently, towards the end of November, IFCA officers received reports of a small number of licensed fishing vessels in St Ives allegedly making large landings of bass from netting activities in St Ives Bay and misreporting them to other licensed vessels in order to ensure that individual vessel catch allocations were not exceeded. Allegations were also made of transhipping between vessels for the same reason. Intel reports have been submitted to highlight these incidents to the MMO for further analysis of the sales notes and any other information to support an investigation of these incidents.
6. As reported to the September 2020 meeting, the recommendation of officers at that time, which was supported by members after discussion, was to continue to proceed with the development of a netting management plan, due to start in March 2021, as set out in this Authority’s five year legislative forecast. The management of bass would be incorporated within the wider management plan, possibly through one overarching byelaw, rather than through a specific byelaw for this species.
3. Outcomes/outputs 1. The perceived inability of both the MMO and the IFCA to be able to prevent what is suspected to be targeted fishing for bass with nets is creating frustration and anger within both the commercial and recreational fishing sectors, despite the recognition that there are loopholes within the existing EU emergency measures that can be exploited. The resulting increase in landings in this period served only to depress first sale prices in a market which was already restricted due to the closure of the hospitality sector during the current covid-19 lockdown.
2. At the time of report preparation, Defra had not yet provided a response to the original letter from Cornwall IFCA in early October, despite follow up emails sent in mid and late November. However, given the timing and the prevailing circumstances, this is not unexpected before the meeting.
3. It is assumed that any changes to the existing EU emergency bass measures will be discussed and agreed at the Fisheries Council meeting on 15-16 December 2020. The UK will participate in these negotiations as a non- member state but this process will be subject to the final agreement reached between the EU and the UK on their future relationship and the impacts that this will have on the management of shared stocks, including bass.
4. Local MMO officers are sympathetic to the issues face by Cornwall IFCA and are themselves frustrated by the inadequacies of the current EU emergency legislation and have also raised their concerns with Defra. There is scope for
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using fishing licence conditions to solve this issue but that would require a national decision to be taken by the MMO and Defra.
4. Options available and consideration of risk 1. In 2019, the Authority agreed to a five-year legislative plan that sets out the timetable for the workstreams required to review and or introduce legislation. The plan was produced by officers and was informed by not only the existing byelaw review periods and plans for potential new legislation but also by the resources available to carry out those workstreams, particularly in terms of staff time. The plan also allows officers to be judged on progress as the plan sets out milestones for each legislative workstream.
2. In the plan, officers had originally set out that workstreams to produce the Authority’s Net Fishery Management Plan would begin in 2023, following the completion of the Crustacean Fishery Management Plan and other workstreams. Due to concerns raised about bass nets at the extraordinary meeting of the Authority in February 2019, members voted to support officers’ recommendations to bring forward the start date for the Net Fishery Management Plan to quarter one in financial year 2021, just over three months away.
3. However in light of the continuing issues with the targeting of bass with nets as a result of the inadequacies of the current EU legislation, Cornwall IFCA should look in more detail at this issue during the next quarter, before the start of work on the netting management plan, to see if any practical measures could be taken to improve the enforcement of the emergency bass measures, at least in a local context within this IFCA’s district. Clearly, this is a much wider problem and extends offshore beyond the 6nm limit, and along the south coast of England, but a national solution, however desirable, may not be forthcoming for some time.
4. Officers have requested bass landings data from the MMO, attributable to commercial netting vessels, which will be used to inform a scoping paper for Byelaw Working Group for their next meeting in early February 2021. The purpose of this paper will be to set out the issues in more detail, together with potential options or solutions for BWG members to consider, including whether there is a role for a specific byelaw to address the limitations of the emergency bass measures. This will be reported back to the next Authority meeting in March 2021.
5. By taking the approach to look at this matter in advance of our planned work on the netting management plan in the new financial year, this will take officer time away from other tasks. It has also not been discussed in advance with BWG members.
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6. The outcomes of both the EU/UK trade deal negotiations and the effect that this will have on the subsequent December Fisheries Council will also be apparent by the end of 2020. The decisions made at Fisheries Council will include any amendments to the EU bass emergency measures. How this will then affect the UK will depend upon the final agreement with the EU, but there should be some information available in early January.
7. Officers will continue to discuss this matter with both the MMO and Defra and seek confirmation from Defra about its position.
8. As mentioned in the Chief Officer’s report, bass landings remain a high priority for our enforcement officers for the remainder of the winter and data will be fed back to the MMO through the relevant channels.
5. Proposed Way Forward 1. Officers present a scoping paper on bass landings to BWG in early February 2021.
2. Enforcement activity continues to be prioritised on this issue.
6. Implications
Implications Relevant Details and proposed measures to to address proposals Y/N Legal/Governance There are no legal issues arising from this agenda item as it relates to the development of a scoping paper. Financial Any costs arising from this agenda item would be found from within existing budgets. Risk Cornwall IFCA Members have agreed a Five Year Legislative Forecast which balances the delivery of a range of workstreams with available revenue budgets. Work can begin on this specific issue in advance of the planned work for 21/22 but it will take staff time from other tasks. Comprehensive Impact Assessment Implications
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Equality and N/A Diversity
Safeguarding N/A
Information N/A Management
Community N/A Safety, Crime and Disorder
Health, Safety N/A and Wellbeing Other implications N/A
Supporting Information
Appendices: none
Background Papers: none
Page 55 Agenda No. 11 Information Classification: CONTROLLED
For consideration by the Cornwall Inshore Fisheries and Conservation Authority on Thursday 17 December 2020
CHIEF OFFICER’S REPORT
Introduction As we reach the last four weeks of what has been a year of unprecedented change, the stakes could not be higher in terms of the final hours and days of negotiations between the UK and the EU. Both sides need to reach new trade arrangements and ratify them in their respective parliaments before the end of the December. The major sticking points remain over competition policy, governance of any future deal and fundamentally, around access to UK waters by EU fishing vessels and the reallocation of quota. Leaving aside the wider impacts of the eventual agreement on all aspects of our lives, the outcome will be critical for the negotiations at the Fisheries Council on 15-16 December, where next year’s TACs and quotas will be decided.
As part of the final stages of preparations for the new procedures for exports to the EU, from November, the MMO has been running a four week trial and test phase of its Fish Export Service for use by export businesses and fishermen who land directly into Europe. This a part of a complex array of new procedures and documentation which will now be necessary for all businesses involved in the movement of fish and shellfish and associated products, both to and from Europe. Links to all relevant information can be found here https://www.gov.uk/guidance/prepare-your-fisheries-business-for-changes- from-1-january-2021
Nationally, IFCAs are involved in a number of Defra Brexit planning groups, as well as in regional groups alongside the MMO and ongoing actions around covid-19 have been integrated into the remit of these groups where required. Availability of IFCA assets is reported back up to Defra on a weekly basis and outline operational plans are in place.
The Comprehensive Spending Review was published on 25 November, setting out the Government’s plans for 2021-22 only. The ‘New Burdens’ funding for IFCAs was included
1 Page 56 Information Classification: CONTROLLED in the overall Defra bid. The process for developing bids for the following spending review will start again in the spring. IFCAs are in discussions nationally with Defra regarding how our performance can be monitored in the future as part of a wider move across government to assess the impact of its expenditure on delivery of its policies.
Fisheries Act 2020 The Fisheries Act received Royal Assent on the 23 November. The full text can be found here https://www.legislation.gov.uk/ukpga/2020/22/contents/enacted Defra will now begin work on the Joint Fisheries Statements (JFS) which will establish how the devolved administrations in the UK will work together, either collectively or independently, to deliver the objectives of the Act. In England, a six month informal consultation will begin on the development of Fisheries Management Plans (FMPs) which are a key requirement of the Act. IFCAs are being represented national by the Association of IFCAs which is involved in the steering group for this work. Upon completion of the informal stage of the development of proposals for FMPs, there will a 12-week formal consultation process in summer 2021, ahead of Ministerial decisions on the plans. It is recognised that there are many IFCA management plans already in place or underway, such as the Crustacean Fisheries Management Plan that we are developing in Cornwall. Defra is looking at how these different levels of detail could link together, from the Joint Fisheries Statements, down through national FMPs, to more regional or local level plans. National industry shellfish management groups have been set up, for crab/lobster and for whelks, which Defra are considering as pilots for other FMPs.
Recruitment of new general members to IFCAs The MMO has announced a national programme of recruitment for new members of all ten IFCAs, to find replacements for many members who have now reached the end of their appointments, or to fill vacancies that already exist. Links to the information for Cornwall IFCA can be found via our own website or directly on the MMO website https://www.gov.uk/government/news/exciting-opportunity-to-manage-inshore-fisheries- and-conservation-in-the-cornwall-district The pages contain a link to a generic application pack and further details about the application and appointment process. This includes named contact details for each IFCA , to enable applicants to get in touch for an informal chat and ask any questions. The deadline for applications is the 4 January 2021.
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REPORT OF SIMON CADMAN Principal Enforcement Officer
Prosecution cases and investigation records The table below shows the status of recent investigations and any resultant outcomes.
PFV CATEGORY OF SUSPECT(S) CASE CASE No. OFFENCE(S) INVESTIGATED PROGRESS OUTCOME (see key below) 19/05 Fishing with electric Owner, master Crown court 19/14 current (EU) and crew of trials set for 20/01 Fishing contrary to fishing vessels Feb 2021 licence conditions (A) Fishing contrary to Hygiene Regulations (R) Failure to comply with a fishing vessel Code of Practice (R) Failure to comply with safety training requirements (R) Transfer of criminal property (A) 19/13 Fishing with electric Owner, master Crown court current (EU) and crew of trials set for Fishing contrary to fishing vessel Feb 2021 licence conditions (A) Fishing contrary to Hygiene Regulations (R) Transfer of criminal property (A) Perverting the course of justice under Common Law 20/02 Fishing with electric Owner, master Court current (EU) and crew of proceedings Unlicensed fishing vessel fishing vessel to commence (O) Failure to provide names and addresses (M) 20/03 Failure to provide Owner of Case dropped shellfish statistics (B) fishing vessel – insufficient evidence 20/04 Fishing with electric Owner, master Investigation
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current (EU) and crew of ongoing Fishing contrary to fishing vessel Hygiene Regulations (R) 20/05 Undersized lobsters (B) Owner and Investigation master of ongoing fishing vessel 20/06 Failure to provide wrasse Owner of Complete – statistics (B) fishing vessel awaiting legal advice
B = Cornwall IFCA Byelaw O = Order (statutory instrument) M = Marine & Coastal Access Act 2009 R = Regulation (England) A = Act of Parliament EU = European regulation FAP = Financial administrative penalty VS = Victim surcharge
Next year is set to be a busy one for court prosecutions, following the culmination of several electro-fishing investigations from 2018 to 2020. During February 2021, trials at Truro Crown Court are scheduled to commence against ten defendants who have been investigated by Cornwall IFCA in connection with multiple offences of electro-fishing and other related charges (ref. 19/05, 19/14 and 20/01, above). One further person who was involved is not standing trial, having already pleaded guilty to indictments of electro-fishing and food hygiene offences. Due to Covid-19 and the consequential restrictions this has placed on the operation of the courts, the Judge for our case has decided that no more than three defendants will stand trial at any one time, which will mean a fresh set of jurors for each group of defendants. If this remains the situation next year, the overall trial period could take many weeks unless defendants decide to change their pleas to guilty.
Also, during February 2021, a separate Crown Court trial is due to go ahead against five defendants for electro-fishing and other related charges (ref. 19/13, above). Again, it is expected that the number of defendants on trial will be similarly limited by the Court.
Another electro-fishing case will at some stage be heard by Magistrates. The investigation involved four persons, three of whom were foreign nationals. As one of the suspects is a defendant in one of the aforementioned Crown Court trials, it is not yet clear as to whether court proceedings before Magistrates will go ahead before or after the Crown Court trial.
The latest electro-fishing investigation in 2020 was intentionally delayed whilst another authority was underway with investigating other related charges. Now that has reached
4 Page 59 Information Classification: CONTROLLED an advanced stage, it is expected that our own investigation will proceed and soon conclude.
Cornwall IFCA enforcement team The Senior Enforcement Officer (SEO) and one Enforcement Officer (EO) remain off work, as they are both on parental leave. However, a plan is now in hand for the SEO to return to work in late March 2021, on a trial 3½ days per week basis. The EO is expected back in the workplace in June 2021. So, for the time being, there is the equivalent of 2.6 warranted officers who are fully available for the inspections work at sea and/or ashore, aiming to cover the whole of the Cornwall IFCA district but prioritising the most important tasks.
EO Ben Sullivan, who commenced working for us in June 2020, has successfully completed an induction training program and other online IFCA training modules. Additionally, he has undergone all the mandatory vessel safety training courses, enabling him to fully participate in sea-going patrols and vessel inspections. Having recently passed a DVLA trailer towing examination, his driving licence is suitably endorsed to allow him to tow our trailered rigid inflatable boat (RIB). In order that helming of the service RIBs can be undertaken, he is underway with an online RYA yacht-master theory course, to be followed by commercially endorsed advanced powerboat certification.
Sea going patrols were recommenced in November, with the Saint Piran, her daughter RIB and the standalone RIB all having been repaired, modernised and serviced over the summer and autumn months. In view of Covid-19 risks and crew availability, it was important to justify a patrol and potential boardings by ensuring that the patrol was largely focused on high risk enforcement and compliance matters. Shore based patrols were easier to plan, as officers could travel independently in our service vehicles. This required that the vehicles were sanitised along with any inspections equipment that was handled, before being available for use by different officers. A rota system was in place to try and ensure inspections work was fairly shared out between the mobile officers and that time consuming clean downs were not necessary every day.
Port inspections were frequently carried out during the last quarter, with the busiest fishing ports in Cornwall being visited most often. As can be expected during the approach of winter, greater numbers of bass were present at various locations around the Cornish coast, which saw officers paying particular attention to St. Ives, Hayle and Mevagissey where significant bass landings occurred. Awareness within the recreational angling sector about EU and national bass fishing restrictions resulted in numerous reports of alleged targeting of bass using nets and of significant amounts of bass landed by a number of commercial fishermen. The MMO were equally aware of the situation and plans were made by both authorities to try and observe suspected illegal net fishing for bass, bass landings and fishing gear potentially prohibited to be on board a vessel with bass. The high frequency of bass inspections work is expected to continue through the winter months and officers will routinely enter all relevant data
5 Page 60 Information Classification: CONTROLLED into national fisheries and intelligence databases. It is understood that the MMO will be closely monitoring the catch and sales records it collates for all individual licensed fishing vessels, in order to determine whether any EU regulation or licensing rules have been contravened. However, until the terms “unavoidable bycatch” and “directed fisheries” that are used in EU legislation are defined, this leaves fisheries authorities with great difficulties in proving suspected offences.
Between carrying out port visits and sea patrols, officers were largely kept busy working from home on ongoing investigations and case file work, updating inspections records, responding to online and telephone enquiries and preparing for the upcoming trials in the Crown Court.
General fishing activity Following the end of the first Covid-19 lock-down period, most fishermen returned to regular working as markets and retailers opened up for business and export sales improved. The imposition of a second UK wide Covid-19 lock-down period, from 5th November to 2nd December 2020, inclusive, had far less economic effect on the fishing industry than the first one. In this four-week period, fishermen were allowed to continue working at sea and auction markets and fish merchants remained open, albeit with less throughput as demand for fish and shellfish for much of the UK and European restaurant trade was either reduced or halted. As a result, the prices paid for many species suffered a significant downturn.
Fishermen primarily targeting edible crabs using <10m fishing vessels, operating largely if not exclusively within the district, were concerned about increasing pressure on stocks from larger vessels with vivier tanks that have been gradually increasing in number. Such vessels, with the capacity to store many tonnes of live shellfish, were able to maintain large numbers of many more pots at sea year round and work during inclement weather, sometimes working over or adjacent to grounds that were crucial to smaller cove boats. They have long been viewed by some as a serious threat to sustainable inshore fishing that supports many livelihoods and communities.
Overall lobster fishing had been good in 2020 and some north coast fishermen were happy to report a good year.
A number of crab and lobster fishermen who had set up alternative direct marketing during the first Covid-19 lockdown had managed this well and continued on with it ever since.
The high numbers of juvenile crawfish on inshore grounds continued, and whilst relatively few were of the legal minimum size, there were indications that more were reaching a mature age and meeting the size at which they could be removed from the district. Further offshore there was a good mature and high value stock to be fished in certain locations.
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Handlining for mackerel was underway from several ports. St Ives fishermen relied heavily on their fish being bought by a single major merchant/processing firm and were concerned about the Covid-19 situation which had the potential for it to stop taking fish, leaving them with no viable alternative buyer(s). With handline fishermen reporting that seals sometimes stripped mackerel catches off their hooks, news that the Fisheries Act may afford greater protection to grey seals was not hugely popular.
Ring netters that had been busy for several months had done well, with numerous high volume landings of sardines being made to the usual local merchants/fish processors. Some had been kept or sold for salting down as pot bait. It is projected that the 2020 uptake of sardines will total around 8,500 tonnes, and whilst this is the highest seen for several years, it is 2,000 tonnes short of the self-imposed maximum catch which the Cornish Sardine Management Association had set itself to remain well within that recommended by fisheries scientists. Most of the fishing had been conducted from Newlyn, followed by Mevagissey and Plymouth. A run of anchovies was caught latterly in Mount’s Bay, but due to their small size and the consequent difficulty of maintaining them in good condition, this proved to be economically unviable when some were exported to the continent. There were no reported incidents between mackerel hand- liners and ring-netters and it appeared that the online communication channel they set up between themselves via WhatsApp was established and working effectively.
Fal oyster and mussel fisheries The Falmouth oyster festival that was due to have taken place in October was cancelled due to Covid-19 restrictions, meaning that an important revenue source was lost to those fishermen who had stored some of last season’s oysters on Fal lay areas for several months, ready for the popular event. There was little demand for the product from the tiny UK oyster consumer market that. The export market for native oysters was also negligible, with strong supplies available in Europe. When the start of the six month oyster and mussel dredging season got underway from 1st October, most Fal fishermen were heavily reliant on catching and selling “queenies” (variegated scallops). Juvenile and mature queenies remained prolific within the Fal and many fishermen subtly adapted their fishing to meet the limited demand for queenies that was largely driven by European consumers.
National lobster hatchery The first Covid-19 lockdown period meant that the hatchery missed out on a significant amount of lobster brood stock. However, 3,100 juvenile lobsters were released from the end of August to the start of the second lockdown.
The hatchery has now made plans so that it can continue with lobster production in the event of a future pandemic.
The Lobster Grower 2 site in St Austell Bay was decommissioned during the autumn, resulting in the release of many one to three year old lobsters. The project involved a sea based container culture system, whereby many containers holding juvenile lobsters
7 Page 62 Information Classification: CONTROLLED were suspended mid-water on ropes deployed at an offshore mussel farm. The plan was to release lobsters and evaluate their survival and ergo the impact of the NLH’s conservation work, but this was prevented by the Covid-19 outbreak. It is expected that a comprehensive report on the curtailed project will be published by the NLH in due course.
Inshore vessel monitoring system (IVMS) The MMO board has in principle given its support to continuation of the IVMS project but has yet to see sight of the business case and potentially give its approval. It would appear that if IVMS introduction to the <12m fishing vessels based in England goes ahead, that in addition to the three IVMS device suppliers that met the device type approval criteria in 2016, there may now be opportunities for a number of other suppliers to become involved. The type approval process was a costly and lengthy process in the past, involving practical testing and an independent research body. Any roll out of IVMS devices to vessels is not projected by the MMO to occur until nearer to 2022 but relevant vessel owners will apparently still be afforded the opportunity to sign up for grants with which to buy and install the devices. Whilst new Defra legislation needed to make IVMS mandatory had been forecast for April 2021, it is likely that this too will slip back to later in the year.
REPORT BY COLIN TRUNDLE Principal Scientific Officer
Staff In line with our ongoing Covid-19 risk assessments, all members of the team have been working from home for another quarter. As always, I am incredibly proud of the way the team have continued to maintain their enthusiasm and work output during these unprecedented times.
After some difficulties caused by not being able to use the new recruitment system in Cornwall Council’s new enterprise system, the vacant 0.6 FTE role has now been filled as a fixed term appointment to compile the first draft of the Crustacean Fishery Management Plan. The post has been filled by Rebecca Turner who had previously been working as a research assistant at Bangor University’s Shellfish Centre. The term of the appointment is 19.5 weeks working as a 0.8 FTE.
I would very much like to thank our Principal HR Advisor, Louise Dunn, for the tremendous lengths she went to enabling us to fill the post.
Training I completed both Fire Fighting and Personal Survival Techniques mandatory STCW courses in October. My mandatory STCW training is now complete. Some members of
8 Page 63 Information Classification: CONTROLLED the team have a need to carry out some of the STCW qualifications but as they are currently not required to work at sea, this training is being held back at their request. The team have completed Cornwall Council’s basic and advanced online training for Microsoft Teams.
Tiger Lily VI The shipwright works that were outlined in the September Chief Officer’s report have been completed. The topsides and wheelhouse were polished, a wear patch was applied and the engine space hatch deck seals were replaced. Polishing keeps oxidisation down and maintains waterproofing, so it is a very worthwhile annual job. The wear patch will protect the chines below the davit from being chipped during the hauling of the various equipment and fishing gears we use. The old engine hatch seals were very compressed and possibly not as watertight as preferred so the new ones will provide a better seal. An additional job of fitting a gas strut to each was carried out. The strut reduces the weight of the hatches when they are lifted.
The vessel has had a fairly quiet quarter, she has been used for a side scan and a fishery impact survey for Devon & Severn IFCA, a part day of water sampling for the University of Exeter, a brief side scan survey for the University and providing live subsea imagery for a marine biology lecture. All of those were cost recovery tasks. In addition, two sea trials for equipment were completed and the recovery of the lost Port Health shellfish representative monitoring point (RMP) was carried out.
Survey work, reporting and assessment Again, this quarter’s survey work has been reduced but some works have been able to be carried out. The mobile broadband has made all of this quarter’s survey operations possible.
In September we carried out a side scan sonar survey in Tor Bay for Devon & Severn IFCA using the shared IFCA Edgetech 4200 side scan sonar. The survey was due to have been carried out earlier in the year but was delayed due to COVID-19 safe working implications. The survey was planned to provide as much coverage of the Tor Bay MCZ as possible within the two days made available for the survey. Other than the main areas where sea grass is known to occur, approximately 100% of the site within the bay was covered. There were considerable difficulties in towing the side scan sonar as parts of Tor Bay are very shallow, which caused a few anxious moments during the data collection. As is becoming our standard operating practice, both Annie and Steph operated the data capture, remotely from home, using both Hypack and the side scan capture software. Additionally, Devon & Severn IFCA officers were also able to connect to the side scan data capture PC from home and view the data as it was collected.
Another element of the work involved setting and hauling cuttlefish traps in two areas to assess the impact of hauling such gear on the habitat. HD cameras, two on each trap, were set up on the traps to show the traps settling into the seagrass and to see how
9 Page 64 Information Classification: CONTROLLED they behaved when hauled. As always, a Teams call was set up for the entire day to enable communication between the boat crew and the shore-based crews, from both Cornwall and Devon & Severn IFCA. During the hauling trials, a webcam was set up on the deck of Tiger Lily so the Devon & Severn officers could observe the setting and hauling processes. The acoustic data was subsequently processed in Hypack by Annie and Steph and all data then provided to Devon & Severn IFCA.
Due to COVID-19 risk assessments, both ours and those of the University of Exeter, we were unable to provide the platform for the first year Marine Biology introduction to sampling at sea field trip. Instead, the sampling that is usually carried out on the trips by the students was carried by the boat crew and filmed to provide a visual record of the method for an online lecture. Additionally, on later date, we streamed live subsea video data from the Remote Operated Vehicle (ROV) to an online lecture session. All worked well and we were able to provide students with live images of the important habitats of maerl and sea grass within the Fal estuary.
University of Exeter have been carrying out a study looking at the potential for culturing seaweed in open water. We have been involved since the start of the project, providing the platform to collect monthly water samples and at on one occasion to set seeded strings on the headlines. A complementary study has been working in parallel investigating the impacts and benefits of such production. The project team wanted to include an investigation of the surrounding substrates using benthic grabs. Due to the nature of the surrounding substrates, it was suggested that an acoustic survey was carried out to identify areas of reef and potential maerl. The survey was carried out using the Edgetech side scan sonar and was completed in four short lines around the culture sites. The subsequent post processing and mosaicking of the data highlighted a considerable amount of reef and a large area that could potentially be maerl. There was also a small area that was considered to potentially be maerl based on officer’s experience of interpreting acoustic data from the area. The potential habitats will need to be ground truthed before a benthic grab survey plan can be put together.
The self-sampling of crawfish has come to an end for this year. One vessel was sampling from all netting effort between May and September and another from July to September. The data has now been entered and including the records collected in January and February, the self-sampling program has resulted in just over 1400 records of crawfish. The data captured includes area of capture, carapace length, sex, gear type and nights set, occurrence of eggs and whether an individual was soft shelled. Some very basic analysis has shown that the district minimum size of 110mm carapace length is providing protection to 14% more individuals above the EU size of 95mm carapace length. It should be noted that these records, as previously stated, are representative of the gears used, meaning that very small individuals are rarely captured skewing the results to recruits and just below minimum size pre-recruits. I feel this method has provided us with a very comprehensive and cost-effective data set, far more than if officers had acted as observers onboard those vessels. It should be noted that using fishers to self-sample isn’t always appropriate, however, it has shown to work well for
10 Page 65 Information Classification: CONTROLLED recording of crawfish. I would like to extend my thanks to the skippers involved for their commitment and enthusiasm. I hope to be able to repeat the sampling next year with the aim of being able to provide a comparable data set. The data collected will be used to inform the crawfish element of the Crustacean Fishery Management Plan (CFMP).
After a delay in availability, then the supplier rejecting the first unit as it didn’t meet their QC standards, we have now taken delivery of a Biosonics MX Scientific Echo sounder. The MX processing software enables the extent, density and canopy height of submerged aquatic vegetation such as seagrass and kelp to be assessed. In addition, the system provides bathymetry data and provides substrate classification. It doesn’t describe a substrate but rather classifies each as a ‘type’ which require ground truthing to enable a description to be allocated to each type. A trial of the system was carried out at the end of November and it was found to be quite simple to mobilise and operate and provided good results. The trial was carried out over two areas of known sea grass occurrence and another where kelp on bedrock was known to exist. Although needing much further investigation and ground truthing, the trial showed that the MX may be able describe the depth of maerl over the base substrate. We are yet to process the data collected on the day and produce a field report for the trial. The MX will be extremely valuable to us in accurately plotting the extent and density of sea grass in MPAs where it is a feature, particularly as we are now investigating managing the interact of ring netting and sea grass.
The 2019 shellfish permit data analysis is now complete, and Summary Statistics documents have been created using the template developed last year. The data is also being used to inform the Monitoring and Control Plans for each of the marine protected areas within the District. The crustacean fishery returns data has been used to provide detailed potting and demersal netting activity reports for three pending marine protected area assessments; Falmouth Bay to St Austell Bay SPA, Runnel Stone MCZ and Newquay and the Gannel MCZ.
To support the CFMP, Kimara has continued identifying methods of incorporating the historic shellfish permit data, which has been collected since 1993, into landings per unit effort (LPUE) analysis and surplus production models (SPMs). This work is ongoing and will hopefully aid in the assessment of long-term trends in the fishery. Normalising data that has been collected in different ways has provided a considerable challenge.
To provide an update of the status of the CFMP I have taken the decision to use a similar template that is currently being used by the Marine Stewardship Council for the South West Crab and Lobster Fishery Improvement Plan (FIP). Since starting at the beginning of November, Rebecca has been reviewing the literature on the biology of the target species; Edible crab, European lobster, Spider crab and Crawfish and has collated the information into a table including; size at maturity, growth rates, spawning season etc. to give an overview of the current available knowledge on each species and highlight any knowledge gaps. General overviews of the biology, life history and fisheries history of each target species have been written up. Following that, Rebecca has moved onto
11 Page 66 Information Classification: CONTROLLED researching and writing a description of the Cornwall IFCA Crustacean fishery, including a history of the fishery, descriptions of historical catch data and trends and ecosystem and habitats in the district. Currently, to inform the Economic and Social Characteristics section, data from the MMO and from Cornwall IFCA permit returns is being used to describe the value and landings of crustaceans for each port and ICES rectangle in the district between 2016-2019. Currently the first draft of the plan is on track for completion by the end of the current financial year.
Work has continued with the proposed Fal Fishery oyster enhancement project. A pack was sent to all licence holders seeking their opinions on the parts of the project that require consensus. Following the Authority members’ request, as part of that initial communication to licence holders, a question was asked about what measures they felt could be introduced on a voluntary basis to assist the enhancement project. At the time of writing this report only a few responses had been received. I hope to be in a position to provide a verbal update at the meeting. As previously reported, we have successfully been awarded £5,500 for the project by the Fishmongers’ Company’s Fisheries Charitable Trust.
The GI outputs for the Fal oyster survey reports from 2015 to 2019 have been updated following the identification of an error in the categories used for the display. The reports that are currently on the website will now be replaced with the updated versions.
The 2020 Fal Oyster Survey report is now complete and waiting to be made available on the website along with the 2019/20 season Fal Oyster Fishery permit statistics report.
The short-term future of the fishery is looking very uncertain due to potential issues with being able to export Fal Fishery products to the EU from the 1st of January 2021. Current advice from Defra and the Fish Health Inspectorate (FHI) is that it will not be possible to export to the EU any live bivalve molluscs (LBM) that have come from wild capture fisheries with a B or lower grade shellfish waters classification. Such LBM exports are considered to be exports of live animals and will require an accompanying Live Animal Health Certificate (LAHC), unfortunately this certification will not be available until late April 2021. This has the potential to seriously affect the Fal Fishery as currently, the main product is the queen scallop which is exported to France for processing. The potential restricted access to some EU markets and the current very low demand for oysters could see very limited activity in the Fishery from January.
Purified LBM products and LBM from A grade waters will still be able to be exported to the EU as they are considered to be food products of animal origin. Such exports will need to be accompanied by the existing Export Health Certificate (EHC); this means that merchants who have depuration facilities will still be able to supply their European customers as will the operators of the offshore rope culture sites where the shellfish waters classifications are mostly A grade.
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Although the initial phase of the Eddystone project was completed in 2019, I have committed to continuing the annual data collection. As reported for the last meeting, the 2020 survey was completed over two days in the summer. The field report is now completed and ready to be made available on the website.
The manuscript of the final report for the findings of the 2014 – 2019 project has now been written up as a paper and submitted to the Marine Policy journal for review and hopefully publishing.
Other reports from the team that are now finalised and ready for publishing on the website are the field reports for the 2018 and 2019 SAMARCH Sea Trout netting work and the 2019 Falmouth Bay Wrasse Mark and Recapture project.
Annie has continued to transform and input historic survey data into the MEDIN (Marine Environmental Data & Information Network) format. This work stream has led to an investigation into identifying the best method of analysing video and stills imagery to provide biotope descriptions that can fit into the MEDIN format. Subsequently, a standard operating procedure (SOP) has been drafted to provide a simplified process to carry out future analysis.
The 2020 live wrasse fishery seems to have finished now. Data from the salmon producer that sources wrasse from south Cornwall shows that there has been a reduction of 34% from the total number supplied to them in 2019. A follow up enquiry to the company has highlighted that they have been trialling cultured wrasse this year with some good success, hence the reduction in numbers of wild caught fish they required. This is reflected not only in the dropin numbers but also they requested only 16 landings compared to 25 in 2019 and had a nine week break in the summer when no fish were required. Cultured wrasse are currently around 40% cheaper than wild caught so I believe there is now the beginnings of a shift away from sourcing wild caught fish. Once all permit returns for 2020 are received then the analysis of the landing and effort statistics will be produced and will be ready for the March Authority meeting. At the time of writing, two applications had been received for permits to fish for live wrasse in 2021, these were from existing permit holders. There has been no need to set up a waiting list yet.
Marine Protected Area Assessments Work has continued drafting and revising assessments of the interaction of fishery activity and marine protected area (MPA) features. Both the Habitat Regulations Assessments (HRA) and Marine Conservation Zone (MCZ) matrices have been revised to include the interaction of some pelagic activities with seabed features and the interaction with harbour porpoise which were not included in the original matrix. Therefore, what were previously blue interaction assessments have now been amended in line with the change within the matrix for ring nets from blue to amber. Additionally, HRA and MCZ assessments have been completed for amber interactions of ring nets in sites where ring netting does not occur. A number of assessments have been completed
13 Page 68 Information Classification: CONTROLLED to screen out trawling and dredging from Special Areas of Conservation (SAC) where the activity is prohibited under the Closed Areas (European Marine Sites) No 2 Byelaw. The Whitsand and Looe Bay MCZ assessments have been revised to include the additional features which were added in May 2019. Assessments for Newquay and the Gannel MCZ, Falmouth Bay to St. Austell Bay Special Protection Area (SPA) and Runnel Stone MCZ have been drafted for potting and netting to include updated data from the Cornwall IFCA shellfish permit returns. Also, all the Helford Estuary MCZ assessments have been drafted. The monitoring and control plans for all MCZs, SACs and SPAs have been revised into an updated format which is more intuitive with information continuing to be added.
We have continued to have our regular catch up meetings with our local Natural England team using Teams.
Annie and Steph both ‘virtually’ attended the South West Marine Ecosystems webinar – Fisheries Symposium: Fisheries Impacts on Marine Habitats which was hosted by the Isles of Scilly IFCA.
Habitat Regulation Assessments: No. of Site Name HRAs in Description of gear-feature interaction progress Bristol Channel 0 Approaches SAC Falmouth Bay to St Austell 6 Assessments have been drafted. Bay SPA Plymouth Sound and 1 Nets (Gill nets, Trammels, Entangling, Estuaries SAC Drift nets, Longlines): Seagrass Updated due to change in subtidal seagrass feature condition assessment. Need more information on activity 1 Pelagic activities (Ring nets): Shad Fal and Helford SAC 2 Pots/ Cuttle pots/ Fish Traps: Seagrass/ Maerl Beds Merging all potting activity into one assessment. 1 Pelagic activities (Ring nets): Maerl Updated from blue to amber interaction as ring nets known to interact with seabed. Need more information on habitat distribution.
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MCZ Assessments: Finalised assessments = 108 108 assessments marked as final o 48 complete and final (blue/ stage 1 assessments) o 60 complete and final (stage 2 assessments - formal advice provided) Assessments waiting NE advice = 2 Assessments in progress = 53 7 in queue to send to NE 22 drafted but awaiting conservation advice package 4 needing additional fishing activity information 20 in progress Total number of assessments = 163 No. No. completed No. Total no. Tranche Site Name finalised assessments assessments assessments assessments but waiting in draft NE advice The Manacles 17 0 0 17 Padstow Bay 9 0 2 11 and Surrounds Tamar Estuaries (joint with D&S 20 0 1 21 1 IFCA) Upper Fowey 12 0 0 12 and Pont Pill Whitsand and 16 0 1 17 Looe Bay Total 74 0 4 78 Hartland Point 14 0 0 14 to Tintagel Mounts Bay 13 0 4 17 2 Newquay and 7 0 7 14 the Gannel Runnel Stone 0 0 12 12 Total 34 0 23 57 Camel Estuary 0 0 12 12 Cape Bank 0 0 10 10 3 Helford Estuary 0 0 7 7 Total 0 0 29 29
Assessments for Byelaw Dispensation Requests: One application was submitted this quarter but no assessment was required.
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A byelaw screening template has been collaboratively produced by Annie and Steph to provide a process from which to assess whether an HRA or MCZ assessment is required for dispensation requests which are received in the future.
REPORT OF DAN MATTHEW Skipper of Patrol Vessel
Saint Piran completed her refit at the end of September, with much of the finishing work and clean up being undertaken by the crew. The final stages of refit were delayed significantly by having to wait for essential parts, some of which came from the other side of the world. A successful sea trial was undertaken on 29 September with a yard engineer joining us on board. During the trial, several minor issues were identified and then immediately rectified. The engine room was monitored continuously by camera while the new exhaust lagging heated up for the first time, creating a great deal of smoke. After several hours at sea, all on board were content that Saint Piran was performing well and we returned to our normal berth in Newlyn.
A few days later, a further engine run at sea was undertaken by the ship’s crew to ensure that the new exhaust lagging had completely settled in and that all other systems were operating correctly. This was a very successful run and Saint Piran was then considered ready for patrol work. Further modifications have been made to provide hand washing and/or sanitising points throughout the vessel. Risk assessments and procedures were written and reviewed in order to ensure that patrol work could be undertaken in the safest way possible during the ongoing pandemic.
Refit work on the RIB Lyonesse also concluded during this quarter, and she is now back aboard Saint Piran and conducting sea patrols. The planned work on Lyonesse was completed to a very high standard and I am impressed with the attention to detail. This attention to detail led to a number of extra issues being identified by the yard which, if left unattended, would undoubtably soon have led to unreliability or a break down at sea.
RIB Avalon was also returned to us during this quarter having completed a very long- awaited replacement water jet propulsion system. Again, this work was massively delayed by Covid 19 lockdown, and the identification of other issues which could not be ignored. She is now in full working order again. Her trailer has been fully serviced by our second engineer and she is ready to be launched anywhere around the county.
All three enforcement patrol vessels are now fully operational and have been conducting patrol work when conditions allow. A stability assessment will be required for Saint Piran in the near future to satisfy our ongoing commercial vessel certification and while this is being conducted, the surveyor will also complete load test certification on the RIB recovery winch and also complete an interim coding inspection of RIB Lyonesse.
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REPORT OF NICK DOWNING Chief Engineer
This report covers the period after the bulk of refit work has been carried out. All regular required checks, inspections and tests have been carried out during the last three months.
All of the work where necessary has been carried out following our procedures and risk assessments, and Government recommendations in regard to COVID-19.
September: With the bulk of the refit work done, the Dry Dock’s focus had shifted to other jobs they had in. This meant that while we were in the wet dock, they were just finishing off the deck painting, some exterior pipework and waiting for a few bits and pieces. We took on fuel and were able to run up the engines and all other systems and all was well.
The crew of three of ‘Saint Piran’, plus our new fishery officer, Ben, were able to complete our STCW Sea Survival training on one of the sunniest days of the month. We were also to able to collect RIB ‘Avalon’ by road trailer from Falmouth Boat Construction in Flushing after her major overhaul.
With ‘Saint Piran’ in seaworthy condition, we carried out a successful four hour sea trial, which was successful, albeit for some small adjustments to the exhaust system brackets and gearbox cooler settings. We achieved the 22 knots of top speed due to having the engine header tanks fully refurbished to stop the previous overheating problems. We berthed back in Newlyn to tidy the ship for the surveyor’s final visit.
A more thorough refit report is available separately to this.
Unfortunately, the ships cooker then failed irreparably, and we started to source a replacement.
October: The weather turned bad yet again, and we were able to use this period to have some needed time off after refit.
The surveyor came on board, signed off all of the safety equipment and work done and issued a new MECAL certificate. We also signed off all the work carried out by Penzance Dry Dock, who again did a great job on the boat. I would like to thank all of their staff for making our stay there a pleasure. No job was too much trouble, and we now have a great working relationship with them. We were so glad to be able to use a local ship repair facility, even more importantly through the pandemic, as travelling anywhere else
17 Page 72 Information Classification: CONTROLLED this time would have thrown up so many more problems, delays and communication issues.
Richie, the 2nd Engineer, was able to now carry out and pass his STCW Fire Fighting course. The rest of the month was spent checking on systems and equipment that had not run during the refit period.
We used a break in the weather to take ‘Saint Piran’ out for more trials in the bay. This was necessary to ‘break in’ the new lagging on the exhaust system, as the smoke produced from it during the initial trials was alarming. We wanted to eliminate this before a proper patrol with full crew. No further problems were encountered.
November: We were asked by a member of Penlee Lifeboat crew to partake in a towing exercise with them to try their new towline and gain experience by both crews. It was a very windy day, but without any swell. The ‘Saint Piran’ has never been towed before, and after a couple of hours and two methods of towing around the bay, she behaved very well. The tow rope was very sophisticated, and certainly something I had never seen before. We are grateful to the Lifeboat as it gave us an opportunity to practice this for ourselves. We have offered our services for training again in the future.
I have been steadily giving engineering training and instructions to Richie, and he is progressing well. He is keen and very thorough in his approach to looking after the boat and its equipment, and has also carried out servicing work on the RIB trailer at the unit. He is getting on well with all of us at the IFCA. On 10 November, we were able to go to sea and collect the RIB ‘Lyonesse’ from Falmouth Boat Construction in Flushing. This was our first fully crewed trip, for which we wore our PPE and distanced as much as possible. The RIB was collected, recovered to ‘Saint Piran’ and launched again later to carry out a filmed man overboard drill, (now a requirement by the MCA), where we also practiced MOB recovery from ‘Saint Piran’ with our new ‘Rescue Sling’ equipment. We stayed at sea for 14 hours and encountered no issues with either boats; in fact, the RIB has seen a slight increase of top speed.
The rest of the month so far has seen yet another extended spell of bad weather. This has meant teaching more training and engine room cleaning practices for Richie, and the Skipper has been providing navigational and RIB training for the new fishery officer, Ben.
Next month, the only planned extra job to carry out will be generator servicing.
Chief Engineer’s 2020 Refit Report By Nick Downing, Chief Engineer
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Any work list for the next refit starts immediately after the previous one. We then decide on the work required and send out the tenders to yards who are interested by late November. By the middle of January, we have received tenders from interested yards and we choose the successful applicant and would plan to dry out during the April and May.
During this time period this year the country was in the first full COVID-19 lockdown, and so we could only guess when the successful bidders, Penzance Dry Dock, (PZDD), were going to be open. They had actually re-opened and taken on work during May, so we arranged a slot in early June. This slot slipped to the end of the month, but due to our life rafts running out of certification on 18 June, our only option was to deliver the RIB ‘Lyonesse’ to Falmouth by sea for her refit at Falmouth Boat Construction and to come back to Penzance and wait in Penzance wet dock to enter the Dry Dock.
Preparation work started quickly in the wet dock, with PZDD covering the accommodation areas with surface protection. The old, crumbling sponge insulation in the forward galley store was removed and replaced by specialists, Shield. Other inspections were carried out, such as electrical circuit testing, and the steering alarm system fault-finding started.
We successfully dry docked at 13:15 on the 1 July, work immediately got underway to remove the main engine hydraulic pump for testing, and the silencers for replacement and to repair the cracked engine room bulkheads where the exhausts passed through them. Due to the ‘Scillonian’ and ‘Gry Maritha’ being laid up due to COVID, the engineers from these vessels were drafted in from furlough to assist with dismantling the regular refit items such as: gearbox coolers, cooling pumps, fuel pumps, pipework to be inspected, steering oil and hydraulic tank draining and all the tank space lids were removed. The exterior pressure-washing and paint preparation also progressed at a rapid pace.
The biggest job was the removal and replacement of the cracked engine room aft bulkhead sections and 18 year old silencers. Cracks were discovered in the ship’s bulkhead during an inspection by our surveyor. The only option was complete removal of the silencers and the affected aluminium area to be replaced with new material. The cause was found to be that the exhaust system had been mistakenly permanently fixed to the bulkhead during a previous warranty repair early in the ship’s life. The expansion, contraction and the heat produced by the exhaust pipe was transferred to the bulkhead, causing the aluminium to ‘work harden’ and crack. Originally, we planned to remove the silencers by cutting holes in the hull sides and sliding them out. This idea was scrapped, and instead we removed the deck ‘soft patch’ to lift them out.
This brought its own time-consuming issues by having to remove all of the exhaust system, 186 deck fixing bolts, all the items attached below this deck patch and manoeuvre the 200kg silencers out of their tight spaces. The fabricators now had to weld in substantial support tables under the silencers to lower them down and slide
19 Page 74 Information Classification: CONTROLLED them to the opening. Once craned out, they had to transfer the hanging brackets to the new silencers, as well as make good all previous poor repairs and modifications on the existing exhaust pipework during the ships warranty period. The cracked sections of bulkhead were replaced, along with new ‘heatproof penetration’ flanges. This was a substantial amount of work unforeseen by the yard, so allowances and negotiations were discussed and authorised. The silencers are now fitted to allow them expand, contract and not allow the conduction of heat independently of the bulkhead, as designed. We expect no further problems in this area.
Other extra specific jobs carried out this year were the removal of the room fire suppressant bottles for their 10 year inspection and pressure test, which they successfully passed.
A percentage of the black rubber fendering that protects the sides of ‘Saint Piran’ was removed to check the condition of the hull beneath. Whilst she is 20 years old, a more in-depth check revealed no corrosion issues, so with a wash, clean and a paint touch up, the sections were refitted.
‘Saint Piran’ has two anchors, one ready to deploy, and a second spare. However, the spare is located in the forecastle, and not accessible without a crane. The Skipper decided that it would be better to set up the second anchor in a position where it is accessible and able to be deployed quickly should the need arise. The fabricators worked with him to build a bracket that we have mounted the spare anchor on to and push it over the side if required. It has been mounted on the aft port quarter with its short length of chain and its spare rope ‘cable’ on its adjacent deck reel. The fabricators have been extremely professional and accommodating in their high quality work with us at all times.
Both the rudders and tailshafts were removed and their shafts inspected for wear. The condition of the rudder shafts condition was ok, except for the port one being too tight in its bearings.
The new bearing had to be machined down slightly to fit the tube and subsequently all clearances were checked and satisfactory.
We have had no tailshaft problems since the 2014 refit. The port tailshaft has been rotated ‘end to end’ to extend its life and the starboard shaft was refitted ‘as was’. All new bearings and seals were fitted without issues. It is expected that both tailshafts may require replacement in four years’ time. While they were out, we removed and inspected the stern tube sea water pipework, which was still in good condition. While ‘Saint Piran’ was in the dock we used the opportunity to carry out larger maintenance work. The replacement of the potable water distribution system with a new pump, hydrophore tank, filters and pipework. The large main engine heat exchangers were craned off for a full clean, refurbishment and new seals fitted. This was carried out in Cornwall, and once refitted with new thermostats in the port engine,
20 Page 75 Information Classification: CONTROLLED all the overheating issues have been solved, and our top speed restored. Some modifications were made to our RIB ramp too, to avoid the RIB catching on and ripping the rubber fendering, therefore improving its launching.
All of the dismantled pipework was inspected by the surveyor and either repaired or replaced and then refitted.
We were successfully re-floated and towed to the wet dock on 29 July, where the work continued afloat, such as alignment checks, painting, the replacement of the silencers, pumps and deck patch, main hydraulic pump etc. Another area completed was the paintwork, and we fitted new signage to replace the faded and corroded livery. At this point, due to other businesses getting back to normal, there were many delays waiting for other contractors to turn up and complete works, as well as waiting for parts to arrive for them from the EU after lockdowns had been lifted and production resumed abroad. PZDD had to relinquish the crews of the ‘Gry Maritha’ and the ‘Scillonian’ as travel restrictions were lifted and they started to operate. PZDD had also took on a straightforward job that then escalated beyond their capacity for labour and timescale further adding to the delay of our completion. I also had to wait eight weeks for engine parts from the manufacturer to complete our engine repairs.
After completion of all the work to be carried out, we completed a successful four hour sea-trial on 29 September. Everything ran smoothly, but we had to run the engines up to temperature slowly to check the cooling system repairs and to burn off the fumes from the new lagging on the exhaust pipework. The exhaust gases reach 500 degrees, and the new lagging gives off unpleasant smoke and fumes. After three or so hours, the smoke eventually cleared and after running at top speed for around 30 minutes, the only issues that arose were the gearbox cooler valve adjustment and the support brackets on the exhaust pipes needed tightening.
Once back in Newlyn we were again checked over by the surveyor and signed off as complete.
Since then we have completed a further three hour test trip, two hours of helping the Penlee Lifeboat with some training and a 14 hour day, where we picked up the RIB ‘Lyonesse’.
I have sent the dry dock an email of thanks for their hard work and supportive attitude to the refit. We are very grateful that we could use a local business for our refit services.
RIB ‘Lyonesse’ Upon collection of the RIB ‘Lyonesse’ it was found that she has benefitted from a more in-depth refit than expected. It must be pointed out that at the last refit, not all of the work was completed by the contractor, and not paid for accordingly. This year, the RIB has been refurbished at Falmouth Boat Construction in Flushing. She has benefitted
21 Page 76 Information Classification: CONTROLLED from some internal GRP work to aid bilge drainage, a full refurb of the jet unit bearings etc. A new ‘A Frame’ on the stern to replace the old corroded one, which was the most significant job. The ‘A Frame’ supports the seats, solar panel, radar and lights.
There was the usual full engine service carried out, heat exchanger ‘O’ ring replacement, fuel system cleaning, hatch seals replaced, as well as modifications to the engine compartment lid, and a full hull tube inspection and repairs to them completed. As mentioned earlier, she successfully carried out a solid high-speed run with a crew of three onboard for two hours whilst out on patrol after collection, without any further issues.
The surveyor was satisfied with his inspection and signed her off.
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