Official Report: Minutes of Evidence

The Chairperson (Mr Butler): I welcome from the Department of Agriculture, Environment and Rural Affairs Fiona Taylor, who is head of the sea fisheries policy and grants branch, and Patrick Smith who is from the sea fisheries policy and grants branch. They will brief us on the SL1. Thank you for attending, and thank you for waiting for us. It has been a busy Committee day. Feel free to brief the Committee.

Mr Patrick Smith (Department of Agriculture, Environment and Rural Affairs): Chair, thank you. I will kick off. We are briefing you on the SL1, which we submitted to the Committee recently. It proposes a minor amendment to the Scallop Enhancement Sites (Prohibited Methods of Fishing) Regulations (Northern Ireland) 2022, which I will refer to as the 2022 regulations.

Given the fact that the amendment is minor in nature, my remarks will be brief. The policy objective of the 2022 regulations is to protect scallop stocks within four scallop enhancement sites that are located in Northern Ireland inshore waters. The four sites are Ballyquintin, Drumfad Bay, Roaring Rock and Whitehead.

For context, when drafting the 2022 regulations, it was considered that fishing with demersal mobile gear — gear that is towed along the seabed — and diving for scallops were the only methods used to fish for scallops in our waters. The methods were therefore prohibited at the aforementioned sites in the 2022 regs. Fishing for crabs and lobsters using pots or creels is still allowed at those sites. Recently, a new method of fishing using pots that are equipped with LED lights that are designed to attract and capture scallops has been introduced to the market. The amendment outlined in the SL1 that we have submitted is a minor amendment to the 2022 regulations. The intention is to add those pots with lights to the prohibited fishing methods. After consulting the Departmental Solicitor's Office (DSO), the wording of the draft amendment in the statutory rule (SR), which I think is included in your pack, will prohibit:

at the four sites rather than prohibit any specific method of fishing for scallops. The amendment therefore does not alter the original policy objective in the 2022 regulations. That policy is to prohibit scallop fishing at scallop enhancement sites.

Chair, I am happy to pause there and take questions, if you are OK with that.

The Chairperson (Mr Butler): If only all the Minister's SL1s were so straightforward. As you have outlined, methods of catching scallops are becoming more innovative. It is interesting technology, I am sure. Will the amendment future-proof the regulations against further developments in fishing methods? Is it the intention to future-proof the regulations so that we do not need to return to them? Do they cover all bases?

Mr Smith: That is why the amendment contains the words:

rather than our having to seek an amendment to add a new, innovative method of fishing for scallops every time that one appears. We do not know what they may be, but the aforementioned method is one that is on the market now.

The Chairperson (Mr Butler): Briefly, is there an issue with scallop numbers at the four protected sites, or is it to do with the topography?

Mr Smith: That is the reason. A study was done by the Agri-Food and Biosciences Institute (AFBI), Seafish, the Department and the Scallop Association back in 2017 to address the decline in scallop stocks and to identify four sites at which measures would need to be taken to address scallop recruitment. Those are the sites that were identified.

The Chairperson (Mr Butler): Has there been any evidence of success?

Mr Smith: It is too early to say. Just last week, AFBI's report on the scallop enhancement project stated:

The Chairperson (Mr Butler): I have a final question. I do not dive, but I love the thought of people diving. Do we have people who dive for scallops in our inshore waters, either as a hobby or for the industry?

Mr Smith: I think that there are a few, but we do not know, because people do not need to register. There may be some people who dive for scallops in Strangford lough, but there is no need for them to register with the Department or to have a licence to do so.

The Chairperson (Mr Butler): OK. I have another final question. I sound like Patsy McGlone saying, "My final, final question".

Mr McGlone: Sorry.

The Chairperson (Mr Butler): I am not having a go at you, Patsy. There is no need for you to get all —.

Mr McGlone: Thank you for shining a light on it. [Laughter.]

The Chairperson (Mr Butler): Very good, Patsy.

How are the four sites monitored to endure that people do not dive for scallops?

Ms Fiona Taylor (Department of Agriculture, Environment and Rural Affairs): Our enforcement team is responsible for monitoring the four sites.

The Chairperson (Mr Butler): Is there a programme for its doing so? Does the team actively monitor the sites?

Ms Taylor: It actively monitors the whole area. Doing so forms part of the enforcement programme that is in place.

The Chairperson (Mr Butler): OK. No other members have any questions.

That was a very short session for you guys on a very important yet quite minor matter in the SL1. Thank you very much.

Mr Smith: Thank you.

The Chairperson (Mr Butler): Do members agree that the Department can proceed to make the statutory rule and that we will then consider it and the SR report in due course?