51st MEETING OF THE FOYLE CARLINGFORD AND IRISH LIGHTS COMMISSION

Wednesday 3rd September 2008 @ 11am

Loughs Agency Offices, Carlingford

Attendees Present Tarlach O’Crosain (Chairman) Jacqui McConville (Vice Chair) Joe Miller Thomas Sloan Jim Wilson John Byrne Enda Bonner John Mulcahy Brendan Byrne Alan McCulla In Attendance - Loughs Agency Derick Anderson CEO John Pollock – Director of Corporate Services Gerard Mills – Director of Development John McCartney – Director of Conservation and Protection Laura French (Minutes) 1. Apologies Denis Haughey Winston Patterson Barry Fox – Director of Aquaculture and Shellfisheries 2. Minutes of the Previous Meeting CEO advised that there was an error in the CEO’s report from the last meeting. The NSMC meeting was on 26th June 2008 with Jeffery Donaldson and Sean Power in attendance and not Edwin Poots. The minutes were agreed. Proposed Jim Wilson Seconded Thomas Sloan

3. Reserved Minutes None 4. Matters Arising Chairman welcomed all to the meeting and sadly advised that the mother of Sean Rowe, one of the Agency’s Riverwatchers had passed away and asked that a letter of condolence be sent on behalf the Board to Sean and his family. 5. CEO Report CEO advised the Board that the first proposal in relation to the All Hours Working had come in to delays with the Departments so another proposal was put on the table to staff and Unions by the Agency with roughly the same allowances. This had been provided to staff in writing on the 13th August 2008 and the Agency is awaiting a response. CEO added that he and John Pollock were meeting Conn Mulholland from FPM later that day in relation to a full needs paper. CEO reported to the Board that this was a very frustrating matter for the Agency and the staff and they were all very keen to get the matter resolved as soon as possible due to funds being set aside for back pay in 2008. He added that the threat of industrial action had been withdrawn CEO reported that the next NSMC meeting was due to be held on the 12th November 2008 in the South and the Agency’s Senior Management Team were to attend the operational meeting on the 11th September 2008 to finalise the agenda for this. CEO advised the Board that at the last Board meeting he had hoped that Walter Crozier would be in attendance to present the Board with his works on genetics but unfortunately he was away on NASCO business but he hoped that he would be in attendance for the meeting in December. 6. Directors Report The Board were provided with updates from the Senior Management Team each giving a brief overview on their relative areas.

Corporate Services Finance John Pollock, Director of Corporate Services advised the Board that the Agency had received Final Department of Finance and Personnel / Department of Finance approvals for our 2008 budget - £5.7m, funded 50:50 by North and South. The third quarter of grant in aid drawn down is on target. The Hardship Package funds held in a separate account were on target and had been paid out in April 2008 with 6 payments still outstanding, 3rd and final tranche due in April 2009. The 2007 Financial Statements (end 31st December) on target sign off by C&Ags imminent. Audit Internal audit 2007 report is finalised – review carried with the rating now “satisfactory”. Next internal audit October / November 2008. Corporate Governance Risk Management workshop was held on 18th June 2008 with risk register updated. NSMC NSMC Sectoral meetings are planned for December 2008. Staffing Recruitment / Vacancies There is one vacant IT post with 18 interviews scheduled for mid September. The staffing loading review has commenced with interviews scheduled. Banking Electronic payments to suppliers transfer ongoing. Annual Report 2006 Annual Report currently at design / print stage awaiting date and NIAO for laying (mid September 2008 after summer recess). The initial draft of the 2007 Annual Report is complete and with Sponsoring Departments for comment and clearance. Corporate and Business Plan 2008 – 2010 Complete, at print stage. Business Plan 2009 Draft complete requires Board and Sponsor Department approval.

Pensions The current pension scheme is under consideration of Sponsoring Department / DFP. Equality The Disability Action Plan survey of staff to commence as soon as possible. The Agency is a member of the Age Equality Forum. Section 75 Screening complete on all new regulations. Review of Equality Scheme to commence mid 2008. Review of Consultees Underway. S75 progress report due 30th September 2008. Tendering / Procurement Department of Finance and Personnel Central procurement Directorate SLA under review. Accommodation Architect to provide drawings for redesign of reception area at headquarters. Greencastle accommodation partnership with community association target completion end of 2008. Temporary transfer of Carlingford offices complete. Advisory Forum The next meeting of the Loughs Agency Advisory Forum will take place on 18th September 2008. Information Technology Current IT requirements under review and tender processes initiated, end date 10th September 2008. Redundancy Policy John Pollock provided the Board with a draft redundancy policy for their consideration. John asked for their approval to go to consultation with Unions. Proposed Enda Bonner Seconded Jacqui McConville Development Gerard Mills, Director of Development made the following report to the Board. European Funding Bids

1. Marine Tourism and Angling Development ( circa €6MEU)

This bid has been successful subject to final negotiations on the amounts and the resources (staff and overheads) costs.

2. Territorial Cooperation with the Scottish Centre of Ecology and the Natural Environment (SCENE).

The revisions to this bid have been made and we are awaiting the ‘open call’ under the environment measure to be announced before we can submit. This bid is well supported particularly in Scotland

Riverwatch update

January 235 February 549 March 3926 April 466 May 1450 June 1157 July 5754 Total: 13537 This is without any percentages taken from the ‘off the street count’ – so figure may need revised downwards. FOI/DPA/EIR No requests

Programme of Angling and Marine Tourism events and projects supported by Sustainable Development fund UPDATES AT 06 Aug 08 [both reserve projects have now been issued a letter of offer]

SUSTAINABLE DEVELOPMENT FUND

PROJECT Grant STG € Grant STG (€ x 0.80)

PROGRESS

51 Greenore Fishing Festival 4,500 3,600 Event taking place in next few days. 20 IFSA Sea Angling Events 500 500 Promoter. Awaiting letter from Limavady BC

re use of Benone and match funding. Will fwd when to hand. Otherwise everything is ‘going well’.

08 Pisces II Equipment 3,134 3,134 Promoter has. Equipment installed. Payment made ‘last week’. Awaiting payment to pass as a bank transaction. Will advise when this happens.

23 Kates Cottage 5,000 5,000 Promoter No answer to phone call. Email sent.

61 R Mourne Fishing Cottage 5,000 5,000 Email to promoter. Not avail on ph. Require copies of several docs.

24 Meadowbrook Disabled Toilet 5,000 5,000 Promoter. Sewerage passed by planners. Await permission to trade as a business – from planners. Deeds to be fwd’d. Public liability insurance will be through an Irish Federation of Anglers system.

25 Meadowbrook Shop, Canteen, Shelter

5,000 5,000 Promoter. Sewerage passed by planners. Await permission to trade as a business – from planners. Deeds to be fwd’d. Public liability insurance will be through an Irish Federation of Anglers system.

28 Oaks Angling Boats 3,690 3,690 Promoter. To fwd docs. Tendering taking place.

29 Oaks Access Paths And Platforms 5,000 5,000 Promoter To fwd docs. Tender docs to be prepared and quotes invited.

67 Danescast Disabled Stands And Path

1,171 1,171 Promoter. Docs to follow in next few days. Likely that promoter will do construction and LA funds will be towards materials at 75%. No claim until work completed. Working on marketing.

77 Moyagh Disabled Access 3,750 3,750 Promoter On holiday. 79 Moyagh Information Panels 2,300 2,300 Promoter On holiday. 35 Abercorn Access 5,000 5,000 Promoter Tendering completed. Work to start

in next couple of weeks. 36 Abercorn Steps 3,038 3,038 Promoter Tendering completed. Work to start

in next couple of weeks. 71 Roe Anglers Spawning Units 5,000 5,000 Promoter Tendering completed. Ready to

proceed. LA not able to do a survey. Club to proceed.

48 I Curragh Championship 4,980 4,980 Promoter Taking place this weekend. 53 National J24s Racing Event 7,500

6,000 Promoter To fwd insurances, bank details, VAT status declaration.

14 Sea Cadet Camp RYA Power Boat Training

1,250 1,250 Promoter Good response to recruitment drive. INI is the match funder.

18 City of Derry Boat Club 4,875 4,875 Promoter On holidays! Has all documentation in his office and will pass tom me on return on 13 Aug.

19 Foyle Hooker Reserve 26 Culmore Regatta Water Safety 4,190

4,190

Promoter Insurance to be fwd ASAP. This is an issue that must be sorted out by the Yacht Club. Hope to resolve shortly.

59 Foyle Punt Association Equipment 2,870

2,296

Email to promoter Not avail on ph. Require copies of insurances, bank details, declaration of status re VAT.

58 Mourne Heritage Trust Shore Footed

3,750

3,750

Email to promoter. Not avail on ph. Require copies of insurances, bank details, declaration of status re VAT. Programme appears to be going well re regular updates received.

74 Lough Foyle Schools Ecology Programme

3,900 3,900

Promoter Boat for sale – not business. Preparing tender docs.

85 Foyle Ecotourism . Reserve

Conservation and Protection John McCartney, Director of Conservation and Protection provided the Board with the following report; The 2008 season is drawing to end, with the commercial fishing season now over and the end of the season in sight for the game anglers, while the coarse anglers will continue on for the rest of the year, A new challenge facing the Agency Conservation and Protection field staff will now be with regulating the Foyle Oyster fishery with the new regulations that came into effect earlier this year. This years commercial fishery was plagued by an early drought, and then continuous bouts of floodwater, making fishing conditions difficult for all. Anglers also suffered with these conditions, with poor angling during droughts and limited opportunity to fish in high water. These extremes have led to the preparation of adjustment to the Foyle Area Control of Fishing Regulations which will be circulated to stakeholders once completed. The Board have been presented with a strategic review of angling enforcement, which is a proposal by the Agency to move forward with a logical and structured programme to decriminalise angling, while at the same time improving the efficiency, and cost effectiveness of angling regulation. Temporary staff Most of the temporary staff taken on for the summer season have now left, a small number have been kept on to ensure that the new regulatory role in the Oyster fishery is fully resourced. The Temporary staff employed for the 2008 season were exemplary in the performance of their duties and were highly successful in both the science and protection roles from the onset of their employment.

Commercial catches The tables below show the trends in commercial fishing 2001 to 2008.

Year Combined Drift and

Draft 2000 35697 2001 22976 2002 40768 2003 32732 2004 22290 2005 25534 2006 12191 2007 5372 2008 4160

Combined Drift and Draft

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

2000 2001 2002 2003 2004 2005 2006 2007 2008

Year Drift Draft 2000 23069 12628 2001 13500 9476 2002 28851 11917 2003 15741 16991 2004 12800 9490 2005 13391 12143 2006 6160 6031 2007 2598 2774 2008 1650 2510

Drift and Draft net catches

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

2000 2001 2002 2003 2004 2005 2006 2007 2008

Drift Draft

* Note Drift net catches are estimated; Due to ill health two logbook returns have not been received, figures are based on average catch per licence for these two licence holders.

Fish Counters The independent review and validation project for the Agency counters is now underway, initial findings have been very positive with regard to the electronics and soft wear used by the Agency.

Comparative Summary fish counter data

2005 1st Jan to 31st July

2006 1st Jan to 31st July

2007 1st Jan to 31st July

2008 1st Jan to 31st July

Faughan 1037 529 568 663 Finn 6652 5025 2776 2002 Sion Mills 6858 6446 2977 960 Roe 811 855 1472 1406 Corrick 620 Not available 173 114 Newry Not available Not available Not available 166 Omagh Not available Not available Not available 91

Status Report Timeline The 2008 status reports are in the final stages of completion, they were slightly delayed due to the need to deploy staff to deal with unusual weather conditions and a significant outbreak of illegal fishing on the River Foyle. Londonderry Port proposed fish processing plant It would appear that the planning application for the above plant is now complete and may be acceptable to the Planning Service. The only remaining issue is the disposal of the fish waste, which is to be disposed of by tanker north of the Skerries. This disposal requires a licence under the Food and Environmental Protection Act (Northern Ireland) 1995. Loughs Agency believes that this application is to be shortly lodged with Northern Ireland Environment Agency. Regulations Since the last Board meeting the Agency has brought forward the Ban on the sale of rod caught fish, which is now in statute. The Agency is currently consulting on amendments to the licensing of fishing engines, which will allow an inflation linked rise in licence

fees, and an endorsement for Fisheries Conservancy Board Coarse fishing licences, and some other administrative alterations. Omagh Hydro electric scheme The development by Omagh district council for a hydro electric system on the Camowen River has been the subject of significant debate. The council are now proposing the installation of an Archimedes screw turbine as opposed to the traditional Kaplan turbine. The suppliers indicate that Archimedes screw turbines are completely fish friendly and have supplied research to support their claim which is being considered by the Agency. Enforcement actions In 2008 so far, Agency staff have dealt with 94 rod related offences, and 109 rod seizures. Agency protection staff have also seized 65 fish, 1 eel trap, 2 pairs of chest waders, 1 otter board rig, 4 floats, 78 illegal nets, 8 boats, and 1 car. Pollution issues have also been addressed by Agency staff with 18 sets of statutory samples taken with a view to prosecution. The distribution of the seizures in the Foyle area is detailed on the map attached.

Aquaculture and Shellfisheries Barry Fox, Director of Aquaculture and Shellfisheries sent apologies, CEO provided the Board with the following update; Aquaculture Production of marketable mussel in the Loughs this year is expected to be approximately nine thousand tonnes. Six thousand tonnes will be produced in Carlingford with a first sale value of around €12 million. Lough Foyle is expected to produce approximately 3 thousand tonnes with a first sale value of around €3 million. The reason for the reduced value of the mussel in Lough Foyle is the meat content of the mussel is less than Carlingford and the shell is heavier. Lough Foyle would generally produce upwards of 8 thousand tonnes per annum but there has been reduced availability of seed mussel in the Irish Sea over the past 3 years. SMAC The Seed Mussel Advisory Committee (SMAC) is a group set up to advise and make recommendations to the Department of Agriculture and Rural Development (DARD) in Northern Ireland and the Department of Communication, Marine and Natural Resources (DCMNR) in the Republic of Ireland on the management and exploitation of the Island’s seed mussel resource. The Committee comprises of representatives from both Departments as well as Bord Iascaigh Mhara (the Irish Sea Fisheries Board) and the Loughs Agency. The fishery has been estimated at approximately 25,000 tonnes this year and this should meet the demands of the industry North and South. There has been a lot of discontent over the closure of an area off the North Coast called Donaghadee Sound. The mussel Industry made several representations to the Minister of Agriculture (DARD) on this issue and the area was partially opened two weeks ago. Rising Tide Report and Implementation of Recommendations The elections for representatives to sit on the Bottom Grown Mussel Producers Consultative Forum have been completed and the first meeting of this group takes place at the end of September. This Forum will allow industry to engage directly with government departments North and South, Loughs Agency and development

agencies. This was one of the key recommendations from the rising tide report and will allow the mussel industry to work constructively with government departments and agencies Regulation of the wild oyster fishery in Lough Foyle The Agency has introduced the Regulations for the management, conservation and development of the wild oyster fishery in Lough Foyle. The implementation has been met with some disagreement from a small number of stakeholders in the lough but we are confident that the industry in time will buy into the legislative regime. The Agency has committed to a long term consultative engagement with industry to deliver a robust management regime that will benefit the industry and ensure that the activity is environmentally and commercially viable into the future. The Agency has received 87 applications for an oyster licence and after an initial evaluation we believe that approximately 50% of these will receive licences to prosecute the fishery. The reason that 50% of these applicants will not receive a licence is because they do not hold the required vessel licence and registration for their vessel. Regulations now in force

• Minimum size limit (75mm) • Closed Season (1st May – 18th September) • Re-deposit of undersized oysters • Fallow areas (Sanctuary areas) • Designated landing areas • Log Books • Weekly and daily open and closed periods • Dredge size

Regulation of the Wild Mussel Fishery The Regulations for the management, conservation and development of the wild mussel fishery are now in final draft form. These Regulations as outlined below will be introduced alongside the Aquaculture Licensing Regulations in early 2009. Wild Mussel Fishery

• Open 7 days per week, 6.00 – 18.00 • Logbooks • Designated landing areas

• Fully licensed and compliant vessels only • Permit Fishery

Aquaculture Licensing The legislation (Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 and the Foyle and Carlingford Fisheries Bill (ROI) 2007) provides for the introduction of a new aquaculture regulatory system in the Foyle and Carlingford areas and for the transfer of existing aquaculture licensing powers in the Foyle and Carlingford areas from the two Departments (DARD and DCENR) to the FCILC. The new aquaculture regulatory system will be managed by the Loughs Agency. The two Departments currently license aquaculture in the Foyle and Carlingford Areas. No licences are in operation in respect of Lough Foyle as no licences have been granted due to issues relating to jurisdiction. The legislation provides for the FCILC to licence aquaculture in the Foyle and Carlingford areas. An aquaculture licence defines the position and limits of the licensed area and may contain conditions as the FCILC may determine. An aquaculture licence authorises the holder to engage in aquaculture within the area specified in the licence and in accordance with the conditions of the licence. The licence enables the holder to do anything authorised by the licence and confers on the holder the ownership of any species farmed or cultivated under the licence. As you will see from your board papers the aquaculture Regulations are currently in draft format. It is envisaged that final drafts will be ready in September with a view to submitting them to the ARD Committee prior to consultation. The Agency believes it will be in a position to start the licensing process in early 2009 subject to the appropriate assessments. Strategic Environmental Assessment (SEA) is a system of incorporating environmental considerations into policies, plans and programmes. For the most part an SEA is conducted before a corresponding EIA is undertaken. This will mean that information on the environmental impact of a plan will be able to cascade down through the tiers of decision making and be used in an EIA at a later stage, if required. The SEA Directive only applies to plans and programmes, not policies, although policies within plans are likely to be assessed and SEA can be applied to policies.

The Agency has commissioned Faber Maunsell to carry out the SEA and their services were secured through Central Procurement Division. Our implementation plan for the licensing, Regulation and development of Aquaculture in both catchments will be developed alongside the SEA process. Monitoring Vessel The refit of the monitoring vessel is now underway. The naval architect reports that work is going well and he is returning to New Zealand to inspect the work carried out so far in mid September. We have been in contact with the revenue authorities in New Zealand to request an extension to our GST exemption due to the delay in exporting the vessel. There are no problems foreseen in securing this extension. An outline of the costings are detailed below. Month Description Amount July Claim 1 – Boat Purchase, flights and

hotel accommodation £302,857.03

August Initial Payment for Boat refit £137,337.06September 2nd payment for Boat refit (Subject to

NZ exchange rate – currently $2.72 - £1)

£120,169.92

October Marine Architect payment + expenses £20,000.00November Final Payment for Boat refit (Subject

to NZ exchange rate – currently $2.72 - £1) Payment for Shipping of boat (Subject to US exchange rate – currently $1.92 - £1) Final Payment to Marine Architect + expenses

£85,835.66

£52,083.33

£20,000.00

December UK fees, transfer from Zebrugge and small gear required

£11,000.00

Total £749,283.00 7. Business Plan The Board were provided with a draft 2009 business plan and were advised that the previous Board had approved the 2008-2010.

John Pollock sought Board approval for the plan to be passed to the Sponsoring Departments, Department of Finance and NSMC. Proposed Alan McCulla Seconded John Mulcahy 8. Interreg IV Gerard Mills, Director of Development provided the Board with a paper on the above for their approval. Proposed Jim Wilson Seconded Alan McCulla 9. Request for Assistance from Dundalk Chamber Gerard Mills, Director of Development provide the Board with a paper and an email from Bill Tosh of Dundalk Chamber for their consideration. After a discussion the Board were of the opinion that the proposal was not associated with Angling or Marine Tourism so decided not to run with it. 10. Review of Financial Assistance Policy Gerard Mills, Director of Development advised the Board that he had covered this in his Board report but sought their approval to get a formal review underway for the 2009 call. Proposed Joe Miller Seconded Jacqui McConville 11. Aquaculture Regulations The Board were provided with the 4 Aquaculture Regulations that had been passed in 2008 and were advised that the shellfish season would commence on Friday 19th September 2008. 12. Oyster Licensing Regulations This item was covered in the Director of Aquaculture and Shellfisheries report.

13. Licensing of Fishing Engines CEO advised the Board that the above consultation finishes today for licence fees for the 2009 angling season. He added that there have been 4 responses received to date and all supportive. 14. Draft MOU between Loughs Agency and Londonderry

Port and Harbour Commissioners CEO provided the Board with the above document for their consideration. After a lengthy discussion the Board were in favour of the Memorandum of Understanding and urged that this be extended to the Carlingford catchment. 15. Review of Angling Enforcement John McCartney, Director of Conservation and Protection provided the Board with the above document for their consideration, which the previous Board had approved. John explained the contents of the document and the Board were very supportive. Proposed Enda Bonner Seconded John Mulcahy 16. A.O.B WRNS Hut Gerard Mills, Director of Development advised the Board on the above project and added that the Agency had budgeted for a £30,000 spend o this project subject to Board approval. Proposed Jim Wilson Seconded John Mulcahy 17. Date and Venue of Next Meeting The next meeting of the Board of the Foyle Carlingford and Irish Lights Commission will be held on Wednesday 22nd October 2008 at 11am in Loughs Agency Headquarters, Prehen.