Meeting of Public Bodies and Interested Public Representatives
Illegal Cockle Fishing in the Solway Firth
Aston Hotel, Friday 10 August 3012
1.
Chair’s Welcome
The Chair, Linda Rosborough Director of Marine Scotland, welcomed everyone to
the meeting and thanked them for their attendance.
The Cabinet Secretary for Rural Affairs and the Environment has asked Marine
Scotland officials to hold a conversation with relevant public bodies and public
representatives on how enforcement of the existing prohibition on cockle fishing can
be improved. This meeting has been arranged at short notice as it may be possible
to amend the Aquaculture and Fisheries Bill, which begins its second stage reading
in September, should changes in primary legislation be required. Marine Scotland is
keen to work together on what is it a very long term and complex problem. The
Chair noted concerns around the membership of today’s meeting, but stressed that
this was a technical meeting focusing on enforcement of the existing prohibition.
2.
Attendees
Annex attached.
3.
Current Statutory Prohibition
The Chair stated that the aim of the meeting was to identify partnerships and
cooperative approaches which could deliver solutions to the current problems of
enforcing the existing ban. She invited Ewen Milligan from Marine Scotland
Compliance and Chief Inspector Irvine Watson from Dumfries and Galloway
Constabulary to outline the current statutory practice.
Marine Scotland explained that in order to detect an offence it had to establish that
there is evidence of fishing and that the fishing had taken place in the closed areas.
In order to take forward a prosecution for contravening the order Marine Scotland
must have evidence to demonstrate that the cockles in question have been taken
from the closed area (the act of “fishing for”). Outside the closed area there is
prohibition on taking cockles through the use of a vehicle.
There was a brief discussion about the health and safety restrictions applied to
Marine Scotland Compliance officers. Marine Scotland confirmed that it had
undertaken extensive internal and external Health and Safety assessments and
because of the risk, staff are not allowed below the high water mark. It was noted
that the police are subject to the same HSE restrictions as Marine Scotland
Compliance.
Marine Scotland outlined how an offence can be detected. Ideally this would be
through the sighting of cockle removal. Other options include using aircraft to fly over
the prohibited area to collect photographic or video evidence. Surveillance has been
extensive but is disruptive to illegal activities. Ensuring the presence of compliance
officers at all parts of the Solway Firth would require extensive coastal staffing.
It was confirmed that here are no small scale exemptions to the Prohibition Order.
Previously under the Regulating Order there had been an exemption for up to 2kg.
Chief Inspector Irvine Watson then outlined the role of Dumfries and Galloway
Constabulary which is to provide ongoing assistance to Marine Scotland and the
Gangmaster Licensing Authority and reiterated that they were happy to do so. The
police have numerous responsibilities and illegal cockling must be balanced against
other policing priorities. Those involved in illegal cockling often have links to other
criminality.
It was reported that there was a regular flow of intelligence between MS, Dumfries
and Galloway Constabulary and the Gangmaster Licensing Authority. Information
and intelligence which had been gathered by other agencies including the police and
passed onto Marine Scotland may still allow action to be taken.
4.
Size and Shape of the problem
The Chair invited members to put forward their issues and concerns on illegal
cockling.
Ian McConchie referred to instances of illegal cockling in Fleet Bay and reported his
frustration at the lack of any prosecutions. While he commended the role that police
played, he suggested that additional powers should be given to the police to seize
equipment etc at the time that the offence is detected. In his view, this would
significantly reduce illegal fishing which is the only way to guarantee sustainability
and employment. Furthermore, he considered the problem of illegal cockling to be
an anti social problem for residents as it was causing distress as the activities are in
the hours of darkness.
Alex Fergusson explained that he was aware of anecdotal reports that residents are
threatened by the illegal cocklers, making it difficult to report it to the authorities.
Chief Inspector Watson said that he appreciated the frustrations from the community,
but the policing priorities are tackling drugs & alcohol crimes and that illegal cockling
was not a priority. However, instances of an anti social nature will be taken
seriously. Further, while the police force is committed to assisting where appropriate
he was not supportive of the police taking on the role from Marine Scotland.
Ian McConchie expressed his disappointment with the comments made by the
police. Some residents in the Fleet Bay area felt they were unable to report this anti
social behaviour to the police as they were in fear of reprisals and the lack of action
taken against those involved in illegal cockling.
Ewen Milligan explained that giving the police express enforcement powers was
probably not the answer as there would be no additional benefit to replacing Marine
Scotland Compliance with a police officer, because the challenges on gathering
evidence would remain the same.
The discussion then moved on to try and address the issue of identifying the
enforcement challenges.
Marine Scotland confirmed that there had been 31 overt/covert operations to date.
Compliance staff have engaged with land owners and caravan owners and have
attempted to take witness statements but there are issues around the quality. The
presence of Marine Scotland has been a deterrent and had disrupted illegal fishing
with instances where illegal fishers have abandoned their equipment during such
operations. Marine Scotland Compliance will continue to put patrols into the area
and had brought in additional staff at the weekends and had up to 10 people working
on patrol. Formal enforcement reports have been made to the Procurator Fiscal and
while they did not lead to successful prosecutions for illegal fishing they paved the
way for prosecutions to take place on other matters.
Post Meeting Note. On arrival at the Aston Hotel, Marine Scotland were alerted by
an attendee at the meeting that cockle pickers were spotted at Powfoot. Marine
Scotland Compliance officers immediately undertook a patrol and investigation but
no cockle activity was detected and locals present reported that they had not seen
any activity.
5.
What more can be done to support the current ban on fishing for
cockles
The Chair outlined that the overall aim is to move towards a licensed fishery.
However, for today the focus was on enforcing the existing ban and that the
Aquaculture and Fisheries Bill provided an opportunity to develop additional powers
should they be required. She encouraged the discussion to focus on identifying
ways that the main regulatory bodies could work together leading to better
regulation. She invited people to come forward with their proposals.
Marine Scotland shared its internal thinking about how to better equip officers with
enforcement powers by introducing improvements to the legislation to ensure better
enforcement of the prohibition. This may be achieved by inserting provisions in the
Aquaculture and Fisheries Bill which could assist the courts in reaching a view that
illegal fishing had taken place on the basis of the information available from existing
compliance monitoring. The Bill also provided opportunities to assist partner
agencies, which is what the Cabinet Secretary is keen to see delivered.
There was a brief discussion about the use of Proceeds of Crime Act and Marine
Scotland confirmed that it had used it in relation other fisheries offences.
Several attendees agreed that movement documentation does not have sufficient
control. Controlling the movement of the cockles would be good way to approach
the problem and if lorries involved in the transportation are prosecuted that would be
effective.
It was agreed that there were challenges about the traceability of movement of illegal
cockles. The movement of cockles should be contingent on being able to
demonstrate that the cockles come from a regulated fishery. It was noted that this
could be achieved through a joined up approach while gathering and sharing
evidence.
Furthermore, it was agreed that improvements to movement
documentation needs to be considered.
An innovative approach might be to explore the use of technology to track illegal
cockling. Craig Burton made reference to an initiative used in other countries have
wild fish product electronically tagged, which could be later screened for in a
relatively simple way and he agreed to share information he had on the subject.
Another option, as part of a regulated fishery, might be to use position reports for
areas of capture to demonstrate compliance.
Alex Fergusson pointed out that there appeared to be endless powers available but
they were not being utilised effectively or in a joined up fashion. Despite best efforts,
illegal cockles are entering the food chain. Local people believe that the regulation
of the fishery is better managed locally with a central processing point undertaking
proper verification. Local fishermen and land owners are not represented today and
Alex hopes that they will be included in future meetings on how best to make the
fisheries in the Solway sustainable.
Marine Scotland confirmed that the aim is to get to a licensed fishery with proper and
effective management so that it is delivering economic benefit to the local
community.
Allan Gibb was invited to explain the options for opening the fishery. He referred to
work undertaken by Greg Allan investigating alternative management structures for
the future. There are a lot of lessons learned from the Solway Regulating Order
(RO). This is a fluctuating stock with potential to be very successful at times. There
are difficult dynamics between permit holders (hand and vehicle). It would be
possible to have a smaller scale management option such as a Several Order(s)
(SO) or Ranching, but no firm proposals have been put forward.
Allan Gibb went on to explain Marine Scotland’s preferred option is a local solution
with management through a partnership approach supported by engagement at a
local level. If no management proposal is presentenced then Scottish Government
would consider asking Marine Scotland to open the fishery on a seasonal basis.
In the short term, it was confirmed that there would not be an assessment
undertaken in September. Allan Gibb confirmed that the lack of a survey in
September was a resource issue, the funding is there but not sufficient resource
from Marine Scotland Science. SNH and RSPB have confirmed that a full survey is
required to be undertaken to assess the biomass and ensure the environmental
sustainability of the fishery, which is a legal requirement in terms of the Natura
regulations. Marine Scotland has considered using external consultants, but will
struggle to perform a survey this year. There is also a question of the value in
conducting a full survey where there is not a management proposal in place. Marine
Scotland Compliance will need to manage illegal activity in September as
intelligence suggests there may be a large influx of cockle gatherers.
Chair’s conclusions on the way forward
6.
The Chair concluded the meeting and thanked everyone for their participation. She
set out the set out next steps and appreciated the contributions made. The Chair
emphasised Marine Scotland’s wish to work collaboratively and hoped any
misunderstanding about the role of the police and Marine Scotland Compliance
which have hopefully been clarified. This is a complex problem and working together
is the best way forward. Alex Fergusson MSP thanked Marine Scotland for
convening the meeting.
Summary of the discussion:

The fishery will not be open in September and Marine Scotland would be
grateful for each body to confirm that to its members

In the short term, to achieve effective enforcement Marine Scotland will
continue to build on the current partnerships to make them more
effective, particularly in sharing information, and seeking to make more
use of the variety of powers available to the various bodies involved. In
particular the use of movement documentation as a method of control
will be considered.

Giving the police primacy or express enforcement powers was probably
not the answer and the scope for improvements in enforcement of the
existing prohibition perhaps lies elsewhere .

Marine Scotland will take forward amendments to the Aquaculture and
Fisheries Bill to tighten up enforcement for Marine Scotland Compliance
and the Police– making it easier to improve establishing and proving the
offences. Marine Scotland welcomes views and input into that process.
Marine Scotland Compliance was asked to produce a paper with their
proposals. These measures will be introduced in law in 2013.

In terms of future management opportunties for a new management
structure Marine Scotland will hold a meeting with a wider group if that
is thought to be helpful. Marine Scotland’s preference would be for
local management model to address the concerns and fears of local
community. The model should be Fisher focused. In absence of such a
proposal Marine Scotland urges consideration of the model used in the
Dee Estuary, which is an MSC accredited fishery. http://www.msc.org/track-afishery/in-assessment/north-east-atlantic/dee-estuary-cockle/assessment-downloads1/20120703_PCR.pdf

Cockle tracking is an interesting option to explore.

Marine Scotland will prepare contingency plans with partners in
advance of a possible influx of illegal gatherers during September
Marine Scotland
22 August 2012
Attendees
Linda Rosborough –
Marine Scotland
Chief Inspector Irvine Watson – Dumfries and Galloway Constabulary
Ewen Milligan –
Marine Scotland Compliance
Allan Gibb –
Marine Scotland
Chris Miles –
Scottish Natural Heritage
Jennifer Howie –
Food Standards Agency
Ian Japp –
GLA
Neil Straiton –
Auchencairn Community Council
Craig Burton
Inshore Manager Seafish Authority
Mark Greenhaugh
SEPA
Chris Rollie RSPB
Aileen McLeod MSP
Alex Fergusson MSP
Martin Taylor –
Dumfries and Galloway Council Environmental Health
Simon Fieldhouse Dumfries and Galloway Council
Ian McConchie
Gatehouse Community Council
Stewart Bryden –
HM Coastguard
Gregor Mackenzie
Marine Scotland Compliance
Kerrie Campbell –
Marine Scotland