Cockles (Hansard, 19 July 1999)

§ Mr. Paul Murphy

Responsibility for the subject in question has been delegated to the Environment and Heritage Service under its acting Chief Executive, Mr. J. R. Lamont. I have asked him to arrange for a reply to be given.

Letter from J. S. Faulkner to Mr. Lembit Öpik, dated 15 July 1999: As Acting Chief Executive of the Environment and Heritage Service (EHS), I am responsible for operational aspects of the conservation of statutory nature conservation sites in Northern Ireland. Although question No 873 involves the exploitation of a fishery for commercial purposes, your concern relates primarily to nature conservation and I have therefore been asked to reply on behalf of EHS and the Fisheries Division of the Department of Agriculture. A Court case in 1997 between the National Trust and a shellfish collector operating in Strangford Lough resulted in a judgment that this activity was a common law right and as such was not subject to control through the Trust's byelaws. Those engaged in shellfish collecting are currently seeking to have large areas at the north end of the Lough classified for the purpose of harvesting wild shellfish. This decision rests with the Eastern Group Environmental Health Committee as it relates solely to public health. At least one area has recently been classified and it is understood that harvesting of cockles with the aid of a tractor-mounted dredger will commence shortly. EHS has recently commissioned a literature review to determine the likely effects of mechanised cockle harvesting within Strangford Lough. This has revealed that the impact of tractor dredging on intertidal flora and fauna may depend on a number of factors, such as the time of year and the nature of the sediments. It is clear, however, that it can potentially be extremely damaging to beds of Zostera which are an important source of food for overwintering waterfowl within Strangford Lough. Despite the designation of the intertidal area of the Lough as an Area of Special Scientific Interest (ASSI) and Special Protection Area (SPA), EHS cannot currently prevent the mechanical harvesting of shellfish from taking place. This is because those engaged in shellfish collecting are not lawful owners or occupiers of the foreshore but are operating under a common law right. EHS could introduce byelaws under the Habitats Regulations but this would be a lengthy process involving public consultation and would almost certainly be challenged by those intent on collecting shellfish. The Department of Agriculture also has no powers at present to regulate the gathering of shellfish from the intertidal zone in Strangford Lough. In view of recent developments, however, the Department is proposing to introduce new primary legislation as quickly as possible to enable it to regulate fisheries in the intertidal zone around the entire Northern Ireland coastline. I trust that you will appreciate from the above that the two Departments are aware of the potential seriousness of unregulated shellfish harvesting in Strangford Lough. Neither Department, however, may be able to prevent it taking place in the short term.