Several and Regulating Orders Management Plan

Transcription

1 Several and Regulating Orders Management Plan Portland Oystermen S.O. Limited Portland Harbour Fishery Order Application for Several Order Applicant Name: Portland Oystermen S.O. Limited (A company incorporated in England and Wales with registration number , whose registered address is at Shelton Street, London WC2H 9JQ) Postal Address: With copy to: Key Contacts: Hethfelton Hollow East Stoke Wareham Dorset BH20 6HJ 94B Chevening Road London NW6 6DY Hugh Wiltshire Giles Lawson Contact Telephone: Objective As a potential grantee of an Order, the applicant is required to produce a management plan to accompany the application. The objective of this document is to outline the extent of the proposed Portland Harbour Fishery Order 2016 and the management of activity within this defined area. This document was produced in full consultation with other relevant bodies and stakeholders. Portland Oystermen S.O. Limited is applying for a Several Order under the Sea Fisheries (Shellfish) Act 1967 (as amended by the Marine and Coastal Access Act 2009). The Order is designed to renew the Portland Harbour Fishery Order 1989 (SI 1989/2428) and the Portland Harbour Fishery (Variation) Order 1999 (SI 1999/3049), a several order which Portland Oystermen Limited, an affiliate of Portland Oystermen S.O.Limited, held and managed between 1989 and This management plan reflects the first five years of the Order with a review of the management after this initial period. Portland Oystermen S.O. Limited will comply with all of its requirements under the Order.

2 3. Proposed Extent of Portland Harbour Fishery Order 2016 The proposed extent of the Portland Harbour Several Order 2016 is identical to the footprint of the several order previously held by the applicant pursuant to the Portland Harbour Fishery (Variation) Order 1999 (SI 1999/3049), a copy of which together with a copy of the related map of the boundaries of the fishery is attached hereto in the Appendix. The site covers an area of approximately 120 hectares in the south western part of Portland Harbour and is defined by lines drawn between the following points: Point Number SY Coordinates* 1 SY N W 2 SY N W 3 SY N W 4 SY N W 5 SY N W All lines between points are straight save for as between points 1 and 5 where the line is the contour of the Lowest Astronomical Tide. * Reference: Admiralty Chart No 2268, Edition No. 12, dated 24th Sept. The extent of the Order allows for the potential expansion of aquaculture and cultivation activity within Portland Harbour without overlapping with habitats of conservation importance or areas where existing public fisheries may be adversely affected. Prior aquaculture practice on the site of the proposed Order under the Portland Harbour Fishery Order 1989 (SI 1989/2428) and the Portland Harbour Fishery (Variation) Order 1999 (SI 1999/3049), has not adversely affected the undertaking of any recreational activity in the Harbour. The applicant has undertaken a pre-consultation exercise with numerous stakeholders including the land owner, environmental groups and businesses, clubs and associations engaged in recreational use of the area covered by the proposed order, in order to understand the extent to which the renewal of the order, and increased levels of shellfish production from the site from previous levels, might detract from recreational use of the site or nearby environmentally sensitive areas. In light of such pre-consultation it is the view of the applicant that, by undertaking operations in accordance with the measures set out in this Management Plan, the renewal of the Order would not detract from commercial or recreational activities on the site in a material manner nor have any likely significant effect on local habitats or environmentally sensitive sites (for more details please refer to sections 5 and 13 hereof). There is no requirement for the applicant to lease the seabed under the extent of the Order from the Crown Estate unless the aquaculture activity places structures on the seabed. The applicant does not intend to utilize any structures on the seabed in connection with the Order. This application is for a Several Order covering the same species as covered by the Portland Harbour Fishery Order 1989 (SI 1989/2428) and the Portland Harbour Fishery (Variation) Order 1999 (SI 1999/3049), namely oysters (Crassostrea gigas

3 and ostrea edulis) scallops (Pecten maximus and aequipecten opercularis) and mussels (Mytilus edulis). 4. Proposed Duration of Portland Harbour Fishery Order 2016 The applicant would like the Order to last for 15 years*. The main reasons for requesting this length of duration are several-fold. The principle use of the several order is intended to be aquaculture of scallops (Pecten maximus) and oysters (Crassostrea gigas), with supplementary production of mussels (Mytilus edulis). * the applicant had initially intended to apply for a 20 year Order but has reduced the proposed duration to 15 years in order to address concerns raised by the Crown Estate that an especially longstanding several order on the site could potentially hinder future uses for the site which are not yet in contemplation. Scallops and oysters are relatively slow growing species, taking up to 3 years to reach market size and potentially longer to reach a size at which a premium price may be fetched. In view of this and the time it will take to build up the productivity of the fishery for scallops and oysters on the site to a commercially viable level, we feel that 15 years is an appropriate amount of time to enable the effective development and management of the fishery. Aquaculture of scallops is hardly practiced in the UK (in contrast to other parts of the world such as Japan) in part due to a lack of significant investment. A concerted endeavour to establish a scallop aquaculture operation in England is therefore both novel and experimental, but also capital intensive. It may take several successive years of failure and development (and significant levels of expenditure) before commercially viable levels of production are achieved. The applicant and its investors will be risking meaningful amounts of capital to establish a long-term, productive, aquaculture based scallop fishery. In order to do so it is essential that corresponding long-term rights are in place: 15 years would provide sufficient time to generate a viable return on the risked capital. Similarly the capital outlay required to establish a productive oyster farming operation is considerable and the security of a 15 year tenure of the site is necessary in the view of the applicant and its investors to allow for a suitable timeframe to generate sufficient returns to justify the risked capital. The applicant also proposes to grow mussels within the Order on the seabed, through the creation of new mussel beds and enhancement of existing beds. The creation and expansion of mussel beds is a slow process and a correspondingly proportionate duration of the several order is also warranted to justify the labour and capital required for such an undertaking. In each case a shorter period (such as 10 years) may only enable a few years of profitable production (once the initial capital outlay has been returned to investors) before the rights expire, which would significantly impair the investment case for establishing the fishery in the first place. The applicant notes that the Portland Harbour Fishery Order 1989 (SI 1989/2428) and the Portland Harbour Fishery (Variation) Order 1999 (SI 1999/3049) ran concurrently for 20 years, during which time the development and use of the waters of the prior several order were entirely unhindered by the existence of the Order. Having undertaken a pre-consultation exercise with numerous stakeholders including

4 the land owner, environmental groups and businesses, clubs and associations who use the area covered by the Order, in order to understand the extent to which the renewal of the Order (including the levels of shellfish production on the site which the applicant proposes to undertake, which would be a marked increase as against historic levels) might hinder the use or development of the waters in and around the Order, the applicant considers that the grant of a new 15 year several order would not detract from the amenity or enjoyment of other water users and stakeholders in the area, as has been the case with past several orders on the site. (See section 5 below for further details). The applicant further notes that the Poole Harbour Several Order, which covers similarly slow growing shellfish species for the purpose of aquaculture, notably oysters and mussels, has been granted for 20 years, notwithstanding that Poole Harbour is a busy waterway and heavily used for commercial and leisure purposes, which may be subject to future development efforts, and which has large areas of important environmental/conservation status. 5. Possible affect of Order on businesses operating in vicinity of the site The proposed Order site is located within Portland Harbour, a relatively busy water way which is used by a number of businesses and recreational groups. The main businesses or activities operating on or in the vicinity of the proposed site are: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Portland Harbour Authority, the statutory authority for Portland Harbour, which is operated by Portland Port Ltd, a subsidiary of the Langham Group and is primarily concerned with the operation of the commercial port facility to the southern end of the harbour; Weymouth and Portland National Sailing Academy, a non profit organization providing sailing facilities and tuition, which is located to the south of the proposed site but whose boats would use the waters over the Order; Royal Naval Sailing Association, which operates in Portland from the Weymouth and Portland National Sailing Academy and maintains moorings on the site covered by the proposed Order; Weymouth and Portland Cruising Association, a local sailing club affiliated to the Royal Yachting Association; Castle Cove Sailing Club, a local sailing club affiliated to the Royal Yachting Association; Royal Dorset Yacht Club, a local sailing club affiliated to the Royal Yachting Association; Crab House Café and Oyster Farm, and Billy Winters diner a restaurant and adjoining oyster farm based near the site of the proposed Order, on the Flee tand affiliated diner under the same management operating on the shore of Portland Harbour; Pura Vida Weymouth Watersports, a watersports equipment hire business based at Ferrybridge, towards the north western end of the proposed site.

5 People hiring equipment or taking lessons from this business would at times be active over the Order site; (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) OTC Windsurfing, a windsurfing and kitesurfing business operating from the grounds of the National Sailing Academy. People hiring equipment or taking lessons from this business would at times be active over the Order site; The Paracademy, a kitesurfing business with premises in Portland. People hiring equipment or taking lessons from this business would at times be active over the Order site; 109 Watersports, a watersports shop based in Wyke Regis whose customers would at times use the area of the Order for watersports; Scimitar Diving, a diving business with charter boats operating out of Portland Port. This business would run dives inside the boundaries of Portland Harbour at times (primarily at wreck sites along the breakwaters); Skin Deep Diving, a diving business with shop and charter boats operating on the grounds of the National Sailing Academy. This business would run dives inside the boundaries of Portland Harbour at times (primarily at wreck sites along the breakwaters); Old Harbour Diving, a diving business with shop and charter boats based at Weymouth Harbour. This business would run dives inside the boundaries of Portland Harbour at times (primarily at wreck sites along the breakwaters); Weymouth and Portland Kitesurfing Club, a kitesurfing club based in Portland, whose members would at times use the area of the order for kitesurfing; Ferrybridge Marine, a boat storage and maintenance business also based at Ferrybridge (please note that Ferrybridge Marine is affiliated to Portland Oystermen Limited and Portland Oystermen S.O. Limited); and Local fishermen, including members of the Weymouth and Portland Licensed Fishermen s Association, the South Coast Fishermen s Association and notably the Nantes family, who lay crab pots and static nets in the harbour including over the proposed site. For a full list of identified stakeholders and consultees, please see Annex 2 which sets out details of the pre-consultation performed by the applicant. While a several order has been in operation at the site previously without recorded incidents of conflict with local stakeholders and other water users, the applicant proposes to utilise the site of the Order more productively than in the past, entailing more shellfish on the seabed than previously and more activity on the site than has historically been the case. Harvest and husbandry work would take place on the site at various intervals, for which it would be necessary to have a work boat active on the Order and, at times, divers in the water. This would be limited to a single vessel being on the water at any

6 one time and, where diving is taking place, there typically being three divers in the water (in compliance with the Diving at Work and related regulations, specifically the Shellfish ACOP). The presence of an additional vessel in the area and at times divers in the water may cause limited disruption to other activities where they coincide (e.g. watersports). In considering the possible extent of such potential disruption, the following factors are relevant: The Order covers a large area and sits in an open expanse of Portland Harbour and water users would have ample space to manoeuvre around any such activities. In the context of the size of the area covered by the Order and the existing volume of vessels operating within Portland Harbour generally the applicant considers that the proposed operations taking place on the O rder would not objectively make a material difference to the amenity of other users of the area. The applicant would time such activities to avoid the busiest spells of use of the area by others (e.g. not during busy times in the day at weekends and holidays). Much of the harvesting work on the Order would take place outside of the busiest time for leisure use of the area (summer months), between December and late March, to take advantage of the optimum condition of the shellfish and the prime market when it is too rough for trawlers to work (and hence supply to the market is otherwise constrained). The husbandry and harvest activities would not result in any noise above that of a workboat engine, nor smells, effluents or eyesores and, furthermore, would not affect the site in any way that would inhibit the use of the water by others, whether before, during or after the activities are taking place (aside from normal sensible precautions that would apply to all water users to avoid collisions with vessels and observe safety protocols when divers are in the water). The mode of aquaculture would remain un-intensive (as with previous several orders on the site): all stock would be on the seabed no longlines lines or structures in the water column would be involved; periodic husbandry work would be focused on placing of juvenile stock on the seabed, periodic creeling for predators; and harvest would be conducted primarily by hand. The proposed site occupies an area of the harbour which is well clear (some 2 kilometers away) of the port facility operated by Portland Port Ltd and the main shipping channels within the harbour. The Order would prevent the extraction or disturbance of the relevant species from the Order and so would prevent the use of dredges or hand diving over the area (which are in any case regulated by the rules of the Portland H arbour Authority). It would also prevent disturbance from dredging of the seabed (to increase depth, e.g. for shipping) channels or dumping materials (e.g. spoil from dredging elsewhere in the harbour) on the site. No such activities (with perhaps the exception of occasional unlicensed recreational divers picking up shellfish for their own consumption) take place on or adjacent to the proposed site and therefore the existence of the Order would not interfere with the existing fishery over the site. The existence of the Order would not prevent any other activities on or near the seabed of the site or adjacent areas, including the setting of pots or traps, pelagic trawls or static net methods of fishing, recreational angling, the use of boat anchors, the setting of additional moorings or recreational diving (provided no extraction of species covered by the order took place by divers). It may be necessary to include small scale intermittently placed marker bouys around the perimeter of the area covered by the Order to mark its extent and

7 these would provide limited obstacles to sailing or other water sports activities in that area of the harbour, however there are already numerous mooring buoys located within the area and regular setting of crab pot strings (and associated marker buoys) and the existence of the perimeter markers would not make a material deference to the number of obstacles in the water to watersports users. In view of the above the applicant considers that the existence of the Order would have only a minimal impact on the amenity and enjoyment of other users of the area. The businesses and organisations listed at above were consulted during the process of exploring renewal of the Order on this site, including details of the proposed husbandry and harvesting activities and none have opposed the proposals. Please see Annex 2 for further details of the pre-consultation conducted by the applicant. If the Order is granted, in the event that a local stakeholder in the future expressed concerns or grievances as to the operations taking place in connection with the Order, the applicant would seek to engage the stakeholder and identify a resolution or mitigants to address the concerns. It is in the best interests of the applicant to ensure the Order is operated harmoniously with other water users and local businesses, given the relatively public and easily accessible nature of the location of the site. 6. Current Aquaculture Production from the Site of the Proposed Order The site is currently commercially inactive for scallops, oysters, mussel and has been for several years, and was last classified for harvesting by FSA in Notwithstanding this, Portland Oystermen Limited has maintained the status of the area as an authorised Aquaculture Production Business and has also continued to work with CEFAS to enable a degree of background monitoring of the classification status of the site by providing regular samples of shellfish to local food authority (LFA) for testing. The applicant considers that a grant of the Order would enable a significant increase in the productivity of the fishery from present levels and also an increase on historic levels of production from past several orders on the site (see section 8 below for details of proposed levels of production and section 5 above for consideration of the impact of increased levels of production on stakeholders and users of the area of the Order). 7. Engagement with Stakeholders The applicant has conducted a thorough consultation on the proposed Order throughout the development of the application, including by way of written correspondence, telephone calls, face to face meetings and group presentations and consultation. A full list of stakeholder engagement and consultation with relevant bodies is outlined in Annex 2. The applicant has in particular maintained regular contact with Natural England, DEFRA, the Southern IFCA and Portland Harbour Authority during this process. The applicant has referred to Southern IFCA s experience in applying for and running a Fishery Order as much as possible in its approach to this application, and engaged Natural England to consult on environmental considerations relating to the Order (see section 13 for details of the consultation and the recommendations which have been adopted by the applicant). The applicant has sought to respond to all requests for further information or suggestions for additional parties to consult and has adopted a number of recommendations which have been made.

8 8. Cultivation and Management Practices 8.1 SCALLOPS: Proposed method of cultivation The principle method of cultivation to be used for scallops within the Order is seabed culture or "ranching". Juvenile scallops of approximately one year of age (approximately 40mm shell width) will be placed directly on the seabed within the area covered by the Order, where they will remain, feed and grow to market size, within around two years. While scallops are mobile (unlike mussels, for instance, which attach to surfaces) they will not migrate from suitable areas of seabed and will naturally settle in densities of around 5 scallops per square meter, and so no forms of containment are required. The scallops will remain on the seabed, exactly like wild scallops, until harvest Husbandry plans Ranching of scallops requires limited husbandry, as the scallops will disperse, feed on naturally occurring food and grow as though in the wild. No feed, treatments or other inputs are needed. Biofouling issues (common with other modes of shellfish aquaculture) are avoided as no equipment is used which would become fouled and abrasive sediment on the seabed avoids fouling of the scallop shells. In order to minimise mortalities to predators (crab, starfish, etc) the several order will be regularly creeled (primarily in warmer months) and predators removed/relocated. We hope to collaborate with local fishermen to achieve this. Any such relocation of predators removed from the several order site would be away from designated/sensitive conservation sites and be to open water sites outside of the harbour breakwaters. Aside from creeling, the only activity on the site would be periodic addition of stock (achieved simply by sowing juvenile scallops into the several order area of the side of a boat) and harvest (see below) Supply of seed The juvenile scallops used on the site will be sourced from both hatchery reared and wild collected scallop spat. In the case of the hatchery-reared spat, these would be produced from broodstock sourced from near the site of the Order. Portland Oystermen Limited obtained spat produced from brood stock sourced from the Dorset coastline in the summer of from Scalpro A/S (a bivalve hatchery in Norway which has been in operation since 1995 and which specializes in Pecten maximus) and at the date of this application is procuring a second order from Scalpro A/S, also using Dorset sourced brood stock. Scalpro A/S has supplied other scallop aquaculture businesses in the UK with spat in 2014, 2013 and 2012 and the applicant believes would be a reliable source of hatchery reared spat. A potential alternative hatchery for supply of seed is Le Tinduff in France, which has been producing large quantities of Pecten maximus since The applicant is in discussions with several UK based hatchery organisations regarding their producing scallop seed and has a long term preference to source its seed from within the UK rather than rely on foreign hatcheries, however scallop aquaculture in the UK is in its infancy and there is no current producer to immediately source seed from. The technology and techniques for hatchery production of scallops is well documented and the applicant believes that UK hatcheries would produce scallop seed if the

9 applicant demonstrated it would be a long-term customer. If the applicant is successful in obtaining the Order, it would source the majority of its scallop seed from Scalpro A/S initially, until it was able to procure supply from a UK hatchery. Scalpro A/S is a bio-secure land-based hatchery operating a flow through system utilising filtered seawater pumped from deep fjords near the hatchery site. Broodstock remain in the hatchery from the day of arrival and algal feed inputs are produced from a photobioreactor system on the premises of the hatchery. Following spawning, the settled spat remain in the hatchery building until they are packaged and flown to the UK, whereupon they will be taken directly to the cultivation site. Movement records are maintained and filed with the Fish Health Inspectorate of all such activities. The applicant considers than the risk of introducing non-native invasive species from Scalpro A/S is extremely low. See also the bio security plan in Annex 1 below. In addition, the applicant may collect wild spat locally to the site of the Order, both for Pecten maximus and also for Aequipecten opercularis (Queen scallops), which naturally settle in Portland Harbour and are also suitable for aquaculture. The collection of wild spat is widely practiced in other parts of the world and can be a cheap and productive way of procuring seed, however it is difficult to predict and yield of wild seed can vary significantly. Therefore the applicant would propose to use wild collection as a means of augmenting supply rather than as a primary source of supply. Any such wild collection would only take place within proximity to Portland Harbour to avoid bio-security issues or the introduction of invasive species by sourcing spat collected from further afield. The method of wild spat collection consists of the setting of onion bags stuffed with monofilament in the water column, suspended from a temporary buoy (akin to a crab pot marker). The mesh bags are left out at a time and location where natural spat fall is estimated to occur (around the month of August) and the intention is that scallop spat will settle on the monofilament inside the mesh bags and then grow to a size where they are trapped within the onion bag. After several months the mesh bags are removed and sorted, with any settled scallops introduced to nursery cultivation. Other settled species would be separated and returned to the sea near the collection site. If utilised, the collectors would be spread out in areas to the east of Portland Harbour, within 5km of the shoreline and well away from any designated sites of conservation importance. The applicant would expect to use no more than collectors in any one year over an area of some 20 square kilometres, which in a good year might yield 25,000 collected spat, and does not foresee any adverse environmental impacts occurring from such activity. The scallop spat will be grown in suspended nursery culture at a separate site away from the several order until they are suitable size for ranching on the Order. For this preliminary phase of production the spat will be placed in nets which would be suspended in mid water from long lines anchored to the seabed, where they will remain until they have grown from 2mm to around 40mm after approximately a year. As with the ranching stage of production, no feed, treatment or other inputs are required for this stage of cultivation. A nursery site (for both scallops and oysters, see also below) has been secured within the walls of Portland Harbour in an area earmarked for aquaculture by the Portland Harbour Authority. This has the advantage of being in a relatively sheltered location and having close proximity to the site of the Order. A license has been agreed with Portland Harbour Authority and the area will be prepared with long lines for nursery cultivation.

10 An alternative site has also been identified at Ringstead, also within close proximity to the site of the Order, but less close and less sheltered than the site within the harbour walls. This site would provide for additional capacity should the space available at the Portland Harbour nursery site prove insufficient. For the alternative site a lease would need to be agreed with the Crown Estate and a marine license obtained from the MMO (following a formal consultation) before the site could be prepared with long lines and used for nursery culture. A recent precedent was the grant of a marine license and Crown Estate lease to Scallop Ranch Ltd (an independent company pursuing scallop ranching techniques in South Devon) to place long lines for nursery cultivation of Pecten maximus at a site of approximately 80 acres in close proximity to Torbay Harbour. (Please note, the applicant does not propose to utilise such site in Torbay for its own nursery activities, it is only being mentioned here for its relevance as a precedent for the grant of a MMO license for scallop aquaculture.) The applicant is confident that an equivalent scallop nursery site could be secured following a formal process outside of Portland Harbour should discussions with Portland Harbour Authority fail to reach agreement regarding the nursery site within the harbor walls Harvesting Method Harvest will be conducted by diving, whereby divers will hand pick scallops from the seabed within the site of the Order. Harvest of the scallops will take place all year round, according to levels of demand, although activity levels will peak between December and late March when the prime market opportunity will be available. By utilising this method we will avoid any disturbance or damage to the seabed habitat, avoid issues of by-catch, and also minimise rough handling or damage to the scallops, in each case in contrast to the mainstream dredging method of scallop collection. Harvest will be conducted by a team of divers operating from a single boat, at all times in accordance with the HSE Diving at Work and related regulations, specifically the Shellfish ACOP. Once harvested the scallops would be thoroughly cleaned and, if relevant*, prepared for depuration. Once this process is complete the scallops would be packaged and sent to market *The requirement for depuration would be determined by the harvesting classification of the shellfish production area awarded by CEFAS at the relevant point in time see section 11 below. If depuration was warranted the scallops would be placed within a depuration unit (which meets the standards for prescribed by the CEFAS protocol for depuration systems) for at least 42 hours (subject to any shortening thereof pursuant to FSA proposals for a reduction in purification times under certain circumstances which are currently under consideration) prior to packaging for market Estimated production for first 5 years of order Assuming juvenile scallops are available to be sown within the site of the Order immediately upon commencement of the Order, the first two years of annual production from the Order will be based on the existing stocks already present within the site, as the juvenile scallops added to the Order for cultivation will not yet have reached market size. 500,000 juvenile scallops will be added in years 1 and 2, and 1,000,000 juveniles will be added in years 3,4 and 5. This is expected to result in approximately 8.5 tonnes or 50,000 market size hand dived scallops a year for years 1 and 2. In year 3 the first harvest of the cultivated stocks can commence. Output for years 3 and 4 is expected to be approximately 40 tonnes or 250,000 market size hand dived scallops (allowing for a degree of losses and failure to extract all scallops

11 present within the several order). Output in year 5 (and years 6 and 7) is expected to be 80 tonnes or 500,000 market size hand dived scallops. 8.2 OYSTERS: Proposed method of cultivation The applicant proposes to use seabed cultivation of oysters in sub tidal areas of the Order, primarily using cages of which are designed to hold up to 250kg of oysters each, placed directly on the seabed. The applicant proposes to do so only in areas with greater than 4 meters depth of water at low tide, in order to avoid any interference with and ensure the safety of leisure users of the site covered by the Order (such as paddle boarders, wind surfers and kite surfers) who might frequently enter the water, especially in areas of less than 2.5 meters low tide depth. Each cage would stand no higher than approximately 1 meters from the seabed, in order to avoid any obstruction to other seabed users. The cages will be evenly spaced on the seabed with at least 5 meters spacing in all directions between cages to ensure good water exchange and avoid overcrowding of the seabed. The use of cages or similar temporary equipment for the purpose of aquaculture is an exempted activity for Marine Licensing purposes provided they do not pose a hazard to navigation. Considering that the cages will lie on the seabed in relatively deep water (for the harbour) and away from shipping lanes inside the harbour, the applicant considers that a Marine License would not be necessary for the proposed mode of oyster cultivation. Limited surface markers would be used to identify groups of cages and inform water users of the existence of the aquaculture activity on the seabed, but otherwise the existence of the oyster cultivation should not detract from the amenity of the area for other users of the site. Following the nursery phase of production (see below) juvenile oysters of approximately 30mm length would be placed into cages and placed on the seabed, where they will be left to feed and grow. After 1-2 years the oysters will have grown to between mm and will be ready for harvest Husbandry plan Seabed cultivation of oysters requires limited husbandry as the oysters are not mobile and will remain where placed, feed on naturally occurring food and grow. No feed, treatments or other inputs are needed. In the case of cage culture, biofouling issue are avoided by the periodic cleaning of cages, whereby cages will be individually lifted from the seabed by hydraulic crane, shaken to loosen fouling, washed with jet hoses and then promptly returned to the seabed (using detailed coordinates recorded with plotting software to ensure it is returned to the appropriate location). Cages will be processed in this manner approximately every six weeks. An advantage of such rough conditioning treatment is that the edges of the oyster shell becomes slightly damaged, encouraging growth of depth of the shell (and hence a fuller meat) rather than length of shell (resulting in a thinner meat). The applicant considers that a single work boat crew and support diver (working in accordance with the HSE Diving at Work and related regulations, specifically the Shellfish ACOP) will be able to process in excess 70 cages a day and that a single crew could process all cages under cultivation on the site (at the levels of projection in the first 5 years set out in the section below) within one week. In the case of culture directly on the seabed, biofouling is naturally less problematic due to the interaction of abrasive substances on the seabed. The pumped water based harvest method (see Harvesting Method section below) allows for regular cleaning and conditioning of the oysters with a similar beneficial outcome to the cleaning process outlined above.

12 In order to minimise mortalities to predators (crab, starfish, etc) the several order will be regularly creeled (primarily in warmer months) and predators removed/relocated. We propose to work with local fishermen to achieve this. Any such relocation of predators removed from the several order site would be away from designated/sensitive conservation sites and be to open water sites outside of the harbour breakwaters. Aside from creeling, the only other activity on the site would be periodic addition of stock (achieved by placing additional cages on the seabed within the Order, or in the case of cultivation directly on the seabed simply by sowing juvenile oysters into Order off the side of a boat) and harvest (see below). Otherwise the oysters are simply left to grow on the seabed until they are of a suitable size for harvest Supply of seed The applicant intends to source oyster seed from Guernsey Sea Farms, a reputable and longstanding UK shellfish hatchery which has been operating for over 3 decades and which supplies a significant proportion of British oyster farming operations with Crassostrea gigas seed. The applicant has held preliminary discussions with Guernsey Sea Farms including in respect of price and quantity and is confident that it s foreseeable oyster seed needs can be met by this supplier. Please note that Guernsey Sea Farms is disease free and unaffected by the oyster herpes virus (Portland Harbour being within an oyster herpes virus free designated area). Guernsey Sea Farms has been specifically consulted on its ability to supply the applicant at levels of production in excess of that proposed for the order and has demonstrated that it will not have difficulty providing seed in quantities of 15 million or more per annum (please note the maximum projected requirement for the order is 9 million seed please see below). All movement of stock from Guernsey Sea Farms would be recorded and filed with the Fish Health Inspectorate and the Bio- Security plan set out in Annex 1 below would apply in the case of all seed sourced from this hatchery. Guernsey is within UK waters and, notwithstanding that Pacific oysters themselves are non-native, the risk of importing other non-native invasive species from this hatchery is extremely low. In the event that Guernsey Sea Farms became unable to supply oyster seed, or became affected by herpes virus, Morecambe Bay Oysters based at Walney could be utilized as an alternative supply of oyster seed. The applicant proposes to source diploid seed from Guernsey Sea Farms and notes that the Crab House Café Oyster Farm (situated close to the site of the proposed Order) has also used diploid seed from Guernsey Sea Farms for oyster aquaculture in the Fleet. The applicant will monitor potential impacts of cultivating shellfish near to designated sites such as the Fleet, including the possibility that pacific oysters are spawning and settling in the Fleet. This matter has been discussed with Natural England and should settlement in the Fleet become apparent the applicant would look to employ certain mitigants, including exploring the use of triploid oyster seed as an alternative. See section 13. Environmental Considerations below for additional information. Oyster seed will be acquired from the hatchery at between approximately 2.5mm and 7mm length and will be grown in suspended nursery culture at a separate site away from the several order until they are of suitable size for seabed culture within the Order. For this preliminary phase of production the oyster seed will either be placed

13 in in nursery cages placed directly on the seabed or in nets which would be suspended in mid water from long lines anchored to the seabed, where they will remain until they have grown to around 30mm after approximately 6-9 months. As with other stages of oyster cultivation, no feed, treatment or other inputs are required for this stage of cultivation. Nursery production of oysters could take place on the Order utilizing adapted seabed cages with relatively fine mesh sacks to contain the juvenile oysters. The applicant proposes to utilize seabed nursery production of oysters, however it should be noted that the two prospective nursery sites, which have been identified for scallops as referred to above, would also be suitable for nursery cultivation of oysters in suspended net culture. Of the two such sites the area within the walls of Portland Harbour has the advantage of being in a relatively sheltered location and having close proximity to the site of the Order, and would be the more suitable of the two prospective long line based oyster nursery sites. If seabed nursery of oysters proved to be sub-optimally productive, the applicant would consider utilizing available long line nursery sites Harvesting Method The applicant proposes to primarily utilize sea-bed based cage culture, whereby harvest would be conducted simply by lifting cages of mature, market-sized oysters utilizing a hydraulic crane onto the deck of a work boat. The oysters would be given a preliminary clean and emptied into a grader, where their size would be checked and those not yet ready for market would be returned to cages and placed back on the sea bed for further growth. Once graded, the market size oysters would be thoroughly cleaned and, if relevant*, prepared for depuration. Once this process is complete the oysters would be packaged and sent to market. *The requirement for depuration would be determined by the harvesting classification of the shellfish production area awarded by FSA at the relevant point in time see section 11 below. If depuration was warranted the oysters would be placed within a depuration unit (which meets the standards for prescribed by the CEFAS protocol for depuration systems) for at least 42 hours prior to packaging for market, subject to any shortening thereof pursuant to FSA proposals for a reduction in purification times under certain circumstances which are currently under consideration. The applicant proposes, initially, to sell oysters produced on the Order to third party wholesalers who would (to the extent necessitated by the water quality of the Order) undertake any depuration themselves. The applicant may, in the future, utilize pumped water based harvesting methods which dispense with the need for hydraulic cranes or divers and allow the efficient harvesting of large quantities of stock with minimal disturbance to the seabed and surrounding sea. Such methods are not discriminate in terms of size and sub-market size stock is returned to the seabed (with the advantage of having been cleaned and conditioned (see above Husbandry Plan section)). The applicant would engage with Portland Harbour Authority where appropriate to observe any restrictions or stipulations concerning the use of pumped water methods of harvest Estimated production for the first 5 years of order On the basis that no cultivation will be taking place on the site of the Order prior to its commencement, it will inherently take 1-2 years to produce market size oysters for harvest. This growing time is an unavoidable aspect of starting up a new shellfish cultivation operation where wild stock is not available for immediate harvest. During this initial on-growing period annual intakes of 2 million oyster seed will be on-grown

14 in order to produce approximately 50 tonnes of market size oysters by the conclusion of year 2. By year 5 the applicant intends to double the input of oyster seed, implying production of 100 tonnes of market size stock and further by year 10 the applicant intends to target output of 300 tonnes (implying an intake of 9 million oyster seed each year at that level of output). The applicant would look to continue to grow the productivity of the Order after year 10 and considers that the site would have the capacity to produce in excess of 400 tonnes annually once operational momentum has been built and processes have been refined. 8.3 MUSSELS: Proposed method of cultivation The proposed method of cultivation for mussels within the Order would, like "ranching" of scallops, take place on the seabed, however mussels are not mobile in the same way as scallops and instead attach themselves to surfaces, forming beds. The applicant proposes to create and enhance a series of mussel beds within the Order, as a supplementary activity to the cultivation of scallops and oysters, and in order to optimise the use of the space available in the Order (much of which would not be ideally suited to scallop or oyster cultivation) and maximise productivity thereof. The creation and enhancement of such beds would be achieved by the relaying of mussels in the relevant areas in sufficient concentration, where the mussels would remain, exactly like wild mussels, until harvest Husbandry plans Seabed cultivation of mussels requires minimal husbandry. Mussels are naturally abundant in the area of the several Order and thrive in the sheltered food rich environment of Portland Harbour. No feed, treatments or other inputs are needed. The creeling activities mentioned above for scallops and oysters would also help control predators for the benefit of mussels. Aside from creeling, the only mussel related husbandry activity on the Order would be the periodic addition of stock (achieved by sowing the mussels from the side of a boat in the relevant area) and harvest (see below) Supply of seed Mussels are abundant within Portland Harbour and heavy mussel spat falls are experienced on surfaces throughout the harbour, such as mooring lines. An affiliated company of the applicant, Quest Underwater Services Ltd, holds the contract for maintenance of the majority of moorings within the harbour (among other contracts) and removes up to an estimated 5 tonnes of both mature and juvenile mussels annually through providing such services. The applicant proposes to relay such mussels in a coordinated manner within the Order and believes that such a natural supply could provide sufficient seed for annual production of 5 tonnes of market size scallops per annum. The applicant could further supplement supply of mussel seed, to the extent there was a shortfall for the purposes of the operation, by the use of spat collectors both inside and outside of the harbour, also taking advantage of the naturally heavy spat fall. In the event that fluctuations in spat fall did not allow for sufficient levels of spat collection locally to support the proposed levels of production, the applicant would explore purchasing mussel seed from third parties, although any such measure would be assessed on a case by case basis for its viability and appropriateness. If a suitable alternative supply were not available the applicant would forego the introduction of mussel seed that season.

15 8.3.4 Harvesting Method The applicant proposes to harvest mussels using divers (to avoid the need for dredging activity on the site) loading bins which are lowered to the seabed from a support boat. A team of divers would operate from a single boat, at all times in accordance with the HSE Diving at Work and related regulations, specifically the Shellfish ACOP. The divers will pull up the mussels by hand and the applicant believes that one diver will be able to harvest up to 100 kg of mussels in an hour. This will allow for fast and targeted harvesting of beds with minimal disturbance to other species under cultivation and the Order generally. Once harvested the mussels would be cleaned and graded and market size mussels would, if relevant*, be prepared for depuration. Once this process is complete the market sized mussels would be packaged and sent to market. Below market sized mussels would be returned to the beds for further growth. *The requirement for depuration would be determined by the harvesting classification of the shellfish production area awarded by FSA at the relevant point in time see section 11 below. If depuration was warranted the mussels would be placed within a depuration unit (which meets the standards for prescribed by the CEFAS protocol for depuration systems) for at least 42 hours (subject to any shortening thereof pursuant to FSA proposals for a reduction in purification times under certain circumstances which are currently under consideration) prior to packaging for market Estimated production for the first 5 years of order Due to the presence of existing mussel beds within the Order, the applicant will be able to commence mussel production immediately upon obtaining the Order. The applicant estimates that production in years 1 and 2 will be 20 tonnes, raising to 30 tonnes in years 3, 4 and Market for Shellfish In the context of long-term global trends of population growth, pressure on resources and food security considerations, sustainable intensification of UK maritime resources for food production is an area public policy focus (e.g. the Scottish Government aims to double shellfish production by 2020). Shellfish aquaculture offers potential to significantly increase food production from Britain's coastline, in a sustainable way that acts as a catalyst for investment and economic activity. The majority of UK Pecten maximus production (fluctuating but averaging around 40,000 tonnes annually) and mussel production (approximately 26,000 tonnes annually) respectively are from capture based fisheries utilising dredging methods, with the remainder from aquaculture in the case of mussels (some 6,000 tonnes) and diving in the case of scallops (estimated to be less than 3,000 tonnes). The vast majority of UK oyster production (approximately 1200 tonnes annually) is from aquaculture, from a limited number of aquaculture operations based throughout the UK. Demand for scallops, oysters and mussels is high and robust, evidenced by firmness in pricing in years when production levels spike (e.g. in 2011 UK scallop landings were 50% higher than in 2009, yet prices increased by approximately 10% over the same period). The UK is a net exporter of shellfish, to Europe and beyond and, in light of the macroeconomic trends mentioned above, the applicant believes demand for UK shellfish is set to grow.

16 In order to meet demand on a national scale, a significant increase of production of shellfish by capture based methods would entail significantly more dredging activity. However fishing quotas and other restrictions would prevent such an increase in fishing effort. Furthermore dredging is environmentally contentious especially when conducted over sensitive seabed habitats. Large fisheries have closed due to damage caused by dredging (e.g. 154 sq KM of Lyme Bay closed in 2008), compounding the challenges of increasing productivity of the national fishery. Diving (for wild scallops) is inherently limited due to logistical challenges of diving at the necessary depths and major expansion of output would not be feasible. By contrast aquaculture production has the potential for considerable growth to meet market demand and has sound environmental credentials. Portland Harbour is well suited for shellfish aquaculture and the applicant intends to develop the productivity of the Order to meet the growing market demand. The site of the Order is ideal for the supply of live shellfish into London where best prices can be achieved, given its accessibility, proximity and good transport links. The applicant believes that demand will remain strong for all species to be cultivated on the proposed Order but sees a particular opportunity in scallop and oyster production, as the aquaculture market for both species are relatively under developed, especially so in the case of scallops. The applicant would develop the cultivation of the different species covered by the Order in response to pricing and other indicators of demand, but also in light of the productivity of the Order (e.g. if, over time, it became clear that scallops could be produced more economically at the site than oysters, providing market demand supported it the applicant would place greater emphasis on scallop production). The applicant s long term aim is to develop a thriving, productive and sustainable shellfish aquaculture business in Portland, bringing investment and economic benefits to the area. 10. Enforcement and Monitoring From a security perspective, the main risks to the several fishery would be from the unauthorised extraction of stock whether by dredging, diving or other manual form of extraction. The proposed site of the Order is located within Portland Harbour, which is controlled and monitored by the Portland Harbour Authority. The applicant considers this to be advantageous in respect of preventing rogue fishing vessels dredging the site of the Order. No towed fishing gear is allowed within the harbour boundaries and the entrances to the harbour are constantly monitored. Notice of the existence of the Order will be circulated to all businesses, associations or other stakeholders who use or are based at Portland Harbour, to help ensure adequate considerations are made by such organisations. Further, the proposed site of the Order is positioned in front of the buildings and boat yard at Ferrybridge Marine, which are operated by an affiliated company of Portland Oystermen S.O. Limited, the applicant. From these shore facilities the several order site will be constantly monitored, by 24 hour security camera and also staff present on site. Signs would be displayed on the site of the Order identifying it as such. Together this would act as a strong deterrent to those intentionally or unintentionally contravening the Order. Any unauthorised shellfish diving (or other extraction) taking place on the site would therefore likely be quickly identified and recorded (along with the perpetrators), allowing for enforcement where appropriate.

17 The status and productivity of the several fishery will be carefully monitored. Assessments will be made in a number of ways. Regular diving activity will occur over the Order for the purpose of harvest of scallops and as part of the cleaning process for oyster cages, which will allow both visual checks on the state of the Order generally and of stocks on the seabed and also provide consistently updated scallop output figures, which will be recorded and analyised against the amounts of juvenile stock added each year to enable monitoring of productivity. Oysters cages will be routinely cleaned and checked, thereby enabling regular inspection and monitoring of stocks. Measurements will be taken in terms of growth rates and, for scallops, meat yield (wet weight of adductor and gonad compared to live weight and shell width), as well as visual observations such as presence of predators and other changes/conditions within the Order. Ongoing records of productivity generally will be maintained creating a detailed picture of quantities (and size) of scallops, oysters and mussels harvested from the several order at a given point in time. All harvested stock will be recorded in this manner allowing for a profile of the cumulative productivity of the several order to be maintained and for comparisons to be made over specific timeframes. Further, a log of water temperature within the Order will be kept and also feedback on the rate of predator collection from creeling activities will also be monitored. Where breaches of the Order occur the applicant would seek to enforce its rights on a proportionate basis, deliberate or significant unauthorised extraction or disturbance of stock would be challenged to the fullest extent possible under the Order, whereas minor, accidental or frivolous breaches would only be enforced to the extent necessary or proportionate depending on the impact of the breach on the fishery. The main aims of this management plan are (i) to ensure the Order is operated efficiently and harmoniously with local interests/stakeholders; (ii) to maximise sustainable output from the fishery; (iii) to enable detailed monitoring of operation and productivity of the fishery; and (iv) to ensure adherence by third parties to the rights attaching to the Order and enable enforcement of such rights where appropriate. Taking each in turn: (i) (ii) as described in greater detail above, the mode of cultivation to be carried out within the Order is low intensity, with no deployment of equipment save for directly on the seabed in deeper areas of the Order (other than creeling for predators, which is of no greater disturbance than the fishing pots already used in the area). The applicant considers that, given the size of the area covered by the Order, it's operations should only cause marginal disturbance to, and no restriction of the existing fishing, business or recreational activities taking place in the area, and also no aesthetic impact on the area (save in each case for the presence of a boat and divers at regular occasions for the purpose of maintenance of oyster cages and harvest). The applicant is extremely mindful of the fact that the proposed site of the Order covers an area where other water users are active and considers it to be in the applicant's best interests that such activities should not be prejudiced by the existence of the Order or operation of the fishery. The overarching commercial objective of the several fishery will be to maximise the amount of market size scallops, oysters and mussels that

18 are harvested year on year from the several order area. To do so sustainable methods of husbandry and harvest will be required. The cultivation methods described in the management plan are designed to achieve this aim with minimal inputs and no by-catch, effluents or other adverse impact to the fishery or surrounding habitats. (iii) (iv) In order to realise aims (i) and (ii) good monitoring practices and thorough record keeping will be essential. In addition to monitoring and recording performance, the management plan anticipates analysis of such information, to help identify strengths and weaknesses in the management of the fishery and to optimise performance. The Order will give the applicant security that the resources it deploys in the development of the fishery will be protected from exploitation by third parties. The basis of this security is the ability to enforce the rights contained in the Order in the case contravention by others, thereby deterring such contravention in the first place but also providing a mechanism for recovery in the case of loss. A key aim of the management plan therefore is the effective application and enforcement of the rights contained in the Order, in a proportionate way so as to protect the best interests of the applicant and the sustainable continuation of the fishery. 11. Water quality considerations and hygiene status of the area covered by the Order The quality of the water in and around the Order will be of key importance to the marketability of the produce cultivated on the site. In order to legally supply shellfish from the Order for consumption the applicant would be required to have the water quality assessed and the harvesting area classified by way of a sanitary survey. The classification will determine the requirements for marketing the shellfish harvested from the Order, including whether any purification processes are required (e.g. depuration) or whether further preparation is necessary (e.g. cooking) before the produce can be sold for consumption. A sanitary survey was performed in Portland Harbour in 2008 and regular monitoring has taken place subsequently. The site of the Order was last categorised as a B-LT rating for Pecten maximus in September 2014 and currently has no classification. Please note that the site is listed as temporarily declassified because the fishery is not currently commercially active and a reduced rate of monitoring has been agreed with the Local Authority. In conjunction with the grant of the Order, the applicant would work with CEFAS to obtain re-classification for the area for Pecten maximus, as well as classifications for Crassostrea gigas and Mytilus edulis (as part of a broader ongoing dialogue with CEFAS which would also see the status of the area as an authorised aquaculture production business maintained). The applicant anticipates that the site of the Order will maintain a Class B rating and consequently plans to incorporate depuration processes into its harvesting and marketing planning, as set out in section 8 above. If the Order successfully maintained a Class A rating, depuration may not be necessary to market the shellfish directly for human consumption.

19 No part of the site was designated under the Shellfish Waters Directive 79/923/EC or the Water Framework Directive (2000/60/EC), as implemented in the UK by the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 as amended by the Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2016 (SI 2016 No. 138). 12. Shellfish Disease Please see Biosecurity Plan attached at Annex 1, which the applicant would operate at all times. The proposed location of the site is within a Bonamia restricted area, which would prevent the movement of shellfish from the Order to Bonamia free areas. Scallops, pacific oysters and mussels are not listed as susceptible to Bonamia, although scallops are listed as a vector for the disease. The operation of the fishery would not be impacted by the fact it is within a Bonamia restricted area and scallops, oysters and mussels from the Order would not be relaid elsewhere. The Order is within an area designated as fee of oyster herpes virus (OsHV-1µVar) and therefore the applicant would take care to ensure it only sourced seed from hatcheries/areas free of herpes virus (OsHV-1µVar), in accordance with the Biosecurity plan and national aquatic animal health regulations. 13. Environmental Considerations The western shoreline of Portland Harbour forms part of an area which is designated as a SSSI. The boundary of the proposed Order site is adjacent to parts of the SSSI along the western shore of Portland Harbour, but the two areas do not overlap. The shoreline has been designated an SSSI primarily for littoral sediment. The cliffs along the north-western shore of Portland Harbour in particular are considered to be of outstanding geological importance, while the site also includes maritime grassland and the intertidal shore itself. It is parts of the intertidal shore of Portland Harbour which lies adjacent to the proposed site of the Order. No aquaculture related activity would take place on the SSSI as a consequence of the grant of the Order. Furthermore, the shoreline of Portland Harbour would not be used for access to the site of the Order, storage of equipment (even temporarily), the tying up of vessels, the landing of stock or suffer any other form of disturbance. All access to and from the site of the Order would take place from facilities inside Portland Port or alternatively and exceptionally from Ferrybridge Marina, for both of which the applicant has access and use. Consequently the applicant considers that neither the grant of the Order, nor the existence of aquaculture activity (which has been taking place on the site of the Order since before the SSSI was given its designation in July 1987) in the area would result in any interference with or adverse impact on the Portland Harbour Shore SSSI. To the west of the site of the order lies Chesil Beach and the Fleet, which are also designated as a SSSI, and also Chesil Beach and Stennis Ledges Marine Conservation Zone (MCZ). In addition to SSSI status, Chesil and the Fleet is designated as a Special Area of Conservation under the Habitats Directive, a

20 wetland of international importance under the Ransar Convention and a Special Protection Area under ECC Directive on Conservation of Wild Birds. Chesil Beach, which runs some 28 KM west from Portland Bill is considered to be an exceptional site for the study of geomorphology, as well as housing important populations of shore plants and sea birds. The Fleet, which runs parallel to Chesil Beach, some 13 KM west from Portland Harbour is considered an exceptional habitat which supports numerous populations of aquatic vegetation, molluscs and bird life. Chesil Beach lies away form the site of the Order, to the west, separated from the Portland Harbour shoreline by a busy road which provides the only land link to the Isle of Portland. The applicant considers that no interaction between the existence of the Order or proposed aquaculture activities on the one hand, and Chesil Beach SSSI on the other would arise. Chesil Beach and Stennis Ledges is designated as a MCZ for features such as native oyster, pink sea flan, high energy infralittoral rock, high energy intertidal rock and intertidal course sediment. As noted above Chesil beach and Stennis Ledges lie some distance from the order and there is an absence of pathways by which activities on the site of the Order could affect the MCZ. The applicant considers that no likely significant effect on the MCZ would arise from the existence and operation of the Order. The Fleet is a tidal lagoon which opens into Portland Harbour via an inlet at Ferrybridge, on the North Western edge of the proposed Order. There would therefore be frequent water exchange between the Fleet and the harbour taking place across the site of the Order and, to the extent contaminants arose within the site of the order, they could potentially pass into the Fleet with the tides. Having identified the above environmentally significant sites with proximity of the proposed Order, the applicant engaged Natural England to advise on environmental considerations and specifically to assess whether the existence and operation of the proposed Order on the basis set out in this Management Plan would be likely to give rise to a significant adverse effect on such sites. Natural England identified that, of the environmentally significant sites identified above, Chesil and the Fleet SPA, SAC and Ramsar is the sole designated site where potential pathways exist for the proposed Order to have a negative effect (primarily through water exchange by way of tidal action). Having completed its review, Natural England concluded that, subject to certain monitoring activities (which are outlined below), the existence and operation of the proposed Order would not be likely to give rise to a significant adverse effect on such sites. The applicant agrees with this conclusion and believes the following factors are relevant: (i) there is low risk of contaminants arising from the aquaculture activities proposed to take place on the site, due to the extensive nature of the shellfish aquaculture activities that would take place on the site (no feed, treatment or other inputs used; and low density of stock utilised in seabed culture as opposed to long-line aquaculture, which would not be used on the Order) and due to the feeding effect of bivalves, consuming fine suspended particles which move with tides and packaging material into denser faecal matter which is more likely to settle than travel long distances with the tidal flow (i.e. not pass with tides up into the Fleet);

21 (ii) (iii) (iv) the tidal flow inside the harbour and Fleet, as assessed by CEFAS in the Portland Harbour Sanitary Surveys of 2008, 2009 and 2011, as well as the Fleet Sanitary Survey 2013, operate in an anti-clockwise motion on both the flood and ebb such that the incoming tide into the Fleet is drawn from an area of the Harbour running parallel to the northern shoreline, away from the north-most edge of the site of the Order, whilst simultaneously circulating water across the site of the Order southwards and away from the inlet into the Fleet. On the Ebb tide water drains from the Fleet in an anti-clockwise motion, with the prevailing current running in a south-easterly direction over the site of the Order; aquaculture activity (for Crassotrea gigas) currently takes place within the Fleet and shellfish aquaculture has taken place on the proposed site of the Order since before the Fleet was designated with environmental protected status, therefore the continued use of the site of the Order for shellfish aquaculture would not represent a novel or unprecedented activity in this area; and while spat deriving from stock cultivated on the Order could hypothetically pass up into the Fleet (notwithstanding (ii) above) scallops and mussels, are naturally abundant in Portland Harbour and so spat fall may occur within the Fleet in any event. In the case of Crassotrea gigas, which is non-native, cultivation has occurred in Portland Harbour for many years and currently takes place inside the Fleet (in both cases with both diploid and triploid seed), yet there is no evidence of wild settlement having taken place in the Fleet or the harbour. This is attributable to the water temperature requirements for spawning and larval development of Crassotrea gigas to occur, which have not historically arisen in Portland Harbour or the Fleet e.g. water temperature of at least 27 Celsius required for spawning whereas the highest recorded local water temperature (according to CEFAS historic water temperature data recorded at Weymouth) on a single day in the past 20 years has been 21 degrees Celsius. Notwithstanding the above factors, as a means of addressing the (low) potential risk of contamination or wild settlement arising from aquaculture activities on the site of the Order and adversely affecting Chesil and the Fleet SPA, SAC and Ramsar, the following principles as to monitoring and mitigation have been agreed with Natural England: Acceptance that should evidence of wild settlement and/or contamination occur there may be uncertainty in attributing these impacts to the proposed Several Order site - given that aquaculture is already practiced within Portland Harbour and the Fleet itself. However, as current evidence indicates that these existing aquaculture activities are not having an adverse effect upon designated features, the principal objective is to ensure that this remains the case. The approach to monitoring and mitigation should be proportionate to potential risk, namely: o A commitment to undertake an annual on-foot survey of the Fleet to check for wild settlement of Crassotrea gigas within the intertidal zone, with a commitment to remove this settlement if required/appropriate;

22 o Liaise with Natural England to review future SSSI/SAC condition assessment/monitoring data and explore mitigation options should this data indicate that the Order is having an adverse effect upon site features. If the Order is granted, the applicant would undertake to work with Natural England to agree an appropriate survey/monitoring plan in light of the above. Please note that the applicant would operate the Biosecurity plan attached at Annex 1 at all times to minimise the risk of disease arising or spreading from the aquaculture activity. Please further note that husbandry activity on the site and harvest operations will be low profile and low impact, characterised by the absence of rigging or aquaculture equipment which could detract from the environment or local habitats and also by the lack of destructive harvest methods such as dredging, thereby minimising the environmental impact of the proposed operations on the site of the proposed Order itself, in addition to nearby environmentally sensitive sites. ANNEX 1 BIOSECURITY PLAN 1. Biosecurity Manager(s): Name Giles Lawson Hugh Wiltshire Position Director Director Contact Address Hethfelton Hollow East Stoke Wareham Dorset Hethfelton Hollow East Stoke Wareham Dorset Telephone Giles.lawson@icloud.com hugh@questmarine.co.uk CEFAS Contacts: Name Mike Gubbins Grant Stentiford Position Fish Health Inspector Team Leader Pathology and Molecular Systemaytics Contact Address Barrack Road The Nothe Weymouth Dorset DT4 8UB Barrack Road The Nothe Weymouth Dorset DT4 8UB Telephone Mike.gubbins@cefas.co.uk Grant.stentiford@cefas.co.uk 2. Staff Training Staff Name Date Trained

23 3. Identify the risk of contracting and spreading disease with movement of live shellfish Risk Score (1=likely, 2=possible, 3=unlikely, 4=never) Seed or stock purchased from outside the 2 country Seed or stock moved or purchased from 2 another shellfish farming area Seed or stock purchased from a site with 2 an unknown disease history Seed or stock caught from the wild or 2 (mussels only) other non-farm site Multiple species brought onto site 2 Stock moved or purchased from other 2 sites for processing or depuration on the APB Multiple sources of shellfish making up 2 order Multiple delivery destinations 2 4. Identify the risk of contracting and spreading disease as a result of site procedures Risk Use of boats and/or equipment at more than one site within a shellfish farming area Mechanical damage to shellfish as a result of handling and husbandry Effluent water from depuration, storage or processing is untreated and discharges back into a shellfish farming area Score (1=likely, 2=possible, 3=unlikely, 4=never)

24 Mixing shellfish from a number of 3-4 sources Visitor access to site 3 Site cleanliness, areas not kept clean 3 may harbour pathogens Condition of site equipment and facilities 3 Movement of staff (and customers) to 3 and from sites in other shellfish farming areas Public access to the site 3 The management of shellfish stock on 3 the farm Fishery in the shellfish farming area 4 The use of processing facilities on site 4 5. Risk limitation measures Measure Maintain a biosecurity log that records the results of shellfish health inspections Maintain a biosecurity log that records the results of shellfish mortality records Check on shellfish health - the biosecurity manager monitors records and takes action where these exceed expected levels Where mortalities occur, shellfish from affected batches are not be moved to other mollusc farming areas Keep imported shellfish separate from other farm stock until the health status of the shellfish is confirmed Do not accept shellfish onto the site if they are showing signs of disease Establish the exact provenance of stock before purchase Operate separate zones on the site where appropriate (e.g. nursery, on-growing, packing/storing, etc) Have separate equipment for use in separate mollusc farming areas or disinfect equipment before and after use as appropriate Maintain batch integrity throughout production cycle (don't mix batches) where possible All staff to be aware of the biosecurity plan and trained in their responsibilities Action annually monthly yes yes yes yes yes yes yes yes yes

25 Ensure that handling methods and husbandry do not compromise the health of shellfish stocks Only source from sites with an equal or higher health status than our own site Be aware of the diseases that can potentially affect our shellfish. Train staff to be aware of episodes of unusual mortality Record all the movements onto and off the site to allow proper traceability and disease investigation Have contingency plans for all foreseeable eventualities; update this in the light of emerging problems Where practical collect and remove mortalities as frequently as possible Store mortalities in a secure manner prior to disposals in accordance with official guidance Do not return moribund shellfish to biosecure zones once they have been removed Limit farm access to staff and authorized personnel yes yes yes yes yes yes yes yes 6. Monitoring the plan Record Stock health inspection Mortality levels in each batch or zone Health inspections Results of health inspections Visitors to the APB How it will be kept Regular inspection will be made to inspect stock and observe the health. These observations will be recorded in the biosecurity log. Mortalities will be recorded in the biosecurity log. Where these exceed normal limits action will be taken. Inspections by fish health professionals employed by the APB, Cefas FHI or other agencies will be recorded in the biosecurity log. The results of any shellfish health inspection will be kept. Details of all visitors will be recorded in the biosecurity log. They will be supplied with information on the biosecurity plan.

26 Shellfish movements on and off site Shellfish movements within the mollusc farming area Disposal of waste Environmental conditions All shellfish movements will be recorded in the Cefas FHI supplied movement book, or to the same standard in an electronic format. Movements of shellfish where zones within the mollusc farming area are identified will be recorded e.g. separate lays in Fishery Orders. Details of all APB waste including the source, quantity, method of disposal and date of disposal will be recorded in the biosecurity log. Relevant water quality parameters and weather conditions will be recorded in the biosecurity log when possible. A data logger will be used to record temperature on a monthly basis. 7. Contingency planning Record Unexplained mortality or a sudden increase in mortality in a batch of shellfish How it will be kept Staff to record details including the numbers of mortalities in the biosecurity log and inform the biosecurity manager. Biosecurity manager to undertake investigation and contact Cefas FHI. Contain the threat and where possible prevent it from spreading to other areas. Shellfish mortalities continuing Need to dispose of dead shellfish/shell Contact Cefas FHI to confirm the action to be taken, contain the threat and prevent the problem from spreading to other areas. Restrict access to affected stock where possible. Identify a suitable site for disposal, in accordance with the waste disposal regulations if necessary. Contact the local health authority for advice on the method of disposal. Contain the

27 mortalities in a manner which minimises the risk of infection spreading to other parts of the mollusc farming area where possible. 8. Biosecurity log book Date Inspected By Temp. Water Quality Mortalities Waste Disposal Notes 9. Visitors to the site Date Company Name Time on Time off Reason for Visit 10. Potential Diseases Disease Bonamia exitosa Perkinsus marinus Mikrocytos mackini Susceptible Species Australian mud oyster, Chilean flat oyster Pacific oyster and eastern oyster Pacific oyster, eastern oyster, Olympia flat oyster, European flat oyster

28 Mattellia refringens Binamia ostreae ostreid herpesvirus (OsHV-1µVar) Australian mud oyster, Chilean flat oyster, European flat oyster, Argentinian oyster, blue mussel. Mediterranean mussel Australian mud oyster, Chilean flat oyster, Olympia flat oyster, Asian oyster, European flat oyster Pacific oyster. We will ensure Article 43 of Council Directive 2006/88/EC measures are in place. 11. Cefas Annual Compliance Visit Recommendations (Provisional) All movement of molluscan shellfish into and out of the Several Order including movement for processing must be recorded and be available for inspection at any time. All mortalities are to be recorded and if considered significant, are to be reported to CEFAS. With regard to the import of live shellfish, Portland Oystermen S.O. Limited will use the import procedure set out by CEFAS. This also covers Imports from other UK territories such as the Isle of Man, Jersey, Guernsey, Channel Island and Northern Island. Production data will be provided annually and will be available for collection during the first site visit of the year.

29 ANNEX 2 PRE-CONSULTATION Note All consultees provided with a minimum of the following information: Introduction and background to Portland Oystermen Limited and Portland Oystermen S.O.Limited; History of several order sat the proposed Order site; Explanation of several orders and the stages of the application process; Details of proposed location, size and scope of the order, culture species, method of culture and harvest, level and types of activity that would entail (including how this would compare to past use of the site); Outline of implications for water users; Opportunity to receive written details, discuss further or ask specific questions; and Contact details for Portland Oystermen team. Date Action Outcome 24 to David Jarrard, President No objection February Shellfish Association of Great Britain to update him on plans including renewal of the Order 6 March Meeting with Richard Fabri, owner Pura Vida Watersports No objection 6 March 7 March 7 March 19 March 20 March 30 March 30 March 17 April Meeting with Nigel Bloxham, owner Crab House Café and Oyster Farm and Billy Winters Diner Discussion with Ned Wiltshire, Director Quest Underwater Holdings (and Ferrybridge Marina) Discussion with Andrew Nantes, local fisherman operating inside Portland Harbour, representing Nantes family and Portland Harbour Fishermen s spokesman. to Marine Management Organisation from Marine Management Organisation Discussion with Richard Woof, Castle Cove Sailing Club Telephone call with Alex Adrian, Crown Estate Aquaculture Officer Meeting with Bill Reeves, CEO Portland Port Group, the parent entity of Portland Harbour Authority Limited, which controls and regulates all activities within Portland Harbour (including fisheries and aquaculture) pursuant to the Portland Harbour Revision Order 1997, to discuss aquaculture within Portland Harbour and the renewal of the several order in No objection No objection No objection Outlining proposals Acknowledging proposals and recommending submission of license enquiry No objection No objection No objection

30 21 April 28 April 29 April 8 May 26 May 27 May 27 July 28 July 7 August 8 August 10 August 12 August 12 August 14 August 21 August 27 August particular. Acknowledgment Letter from Marine Management Organisation Telephone call with Tom Manning, Natural England to Tom Manning, Natural England Meeting with Neil Richardson, Southern IFCA Telephone call with Tim Hall, Natural England from Tim Hall, Natural England Telephone call with Mike Gubbins, Fish Health Inspectorate, CEFAS Meeting with Shaun Mclennan, DEFRA Meeting with Keith Howarth, Harbour Master of Weymouth Harbour Meeting with Steve Allen and Nigel Emery of Port Health Conversation with with Barry Gasson, RNSA Mooring Officers Discussion with Mike Gregory, Mooring officer for Royal Dorset Yacht Club Discussion with John Hasker, mooring officer for Portland Cruising Association Written submissions to Southern IFCA Technical Advisory Committee Meeting with Michael Bapty, Knight Frank (as managing agent of Crown Estate in Portland) Southern IFCA Technical Advisory Committee discussion regarding proposed Order renewal Confirmation that marine licenselicense not required for proposed activity unless it constitutes an obstruction or danger to navigation Request for information Referred to Tim Hall, Natural England Proposed formal submission to Technical Advisory Committee Send details of proposed site and renewal by , Reference to adjacent designations but suggestion unlikely to be pathways that would cause impacts on such sites. Also noting history of prior orders as a relevant factor NE would take into account. No objections. Requirement to register as authorised Aquaculture Production Business to operate the Order Recommendations for scope of application and parties to consult. No objection No objection No objection No objection No objection Review for quarterly meeting No objection 24 Meeting with Marcus Draeler, Wreck 2 No objection Recommendations regarding need for bio-security plan (note please see Annex 1 hereto) and management plan. Recommendations for consultation with local fishermen.

31 September Reef Project. 12 to Richard Stride, Chairman Circulation of details of October South Coast Fishermen s Council proposal for renewal of Several Order to all members. Invitation to present proposal to South Coast Fishermen s Council 20 Meeting with Russ Levett, Manager No objection October Portland Marina, referred to director Richard Reddyhoff. 22 Telephone Call with Richard Morgan, Discussion regarding various October Natural England aquaculture matters, including proposal to apply for renewal of several order at Portland Harbour site. 4 Presentation to South Coast No objections. November Fishermen s Council followed by Q&A Recommendations for session additional consultees 16 Telephone call with Nick Ford, No objection November fisherman based in Kimmeridge 18 Telephone call with Joe Miller, No objection November fisherman based in Lulworth Telephone call with Andy Alcock, No objection. November Secretary of Weymouth and Portland Licensed Fishermen s Association 26 to Richard Morgan, Natural Confirming plans to renew November England several order and requesting 2011 formal input from Natural England 17 from Richard Morgan of Natural Highlighting designated area December England. adjacent to proposed several order site and arranging further discussion 17 Telephone call with Alana Ward, Royal Discussed outline of December Yachting Association proposals and timing for application, request for information to be put in so that she could consult with local affiliated sailing clubs. 17 to Alana Ward, Royal Yachting Setting out requested details. December Association 19 Series of correspondence with Natural England to conduct January Richard Morgan of Natural England advance review of the regarding provision of discretionary management plan and January advice in respect of the porposed provide commentary 2016 Order 3 February 2016 Telephone call with Alana Ward, Royal Yachting Association Feedback on RYA consultation with members as affiliated local sailing clubs on outline proposals. No

32 objections raised. 12 Provision of discretionary advice Recommendations made and February document from Natural England incorporated into 2016 regarding the proposed Order Management Plan. Inidcative conclusion that proposals should avoid having a likely significant effect on adjacent designated sites. 13 Telephone call with Richard Morgan to Agreement on approach to February discuss advice from Natural England. incorporate recommendations 2016 into Management Plan. 19 Telephone call with Mike Gubbins of Discussion of draft February DEFRA Managemnt Plan and pre review by DEFRA 4 March April April April April April April April April April April April April & 26 May from Mike Gubbins of DEFRA Telephone call with the Paracademy, Portland Telephone call with Scimitar Diving, Portland Telephone call with Mary Harris, Old Harbour Diving, Weymouth Telephone call with Ian Taylor, Skin Deep Diving, Portland to Dorset Wildlife Trust to OTC-Windsurfing, Portland to Old Harbour Diving, Weymouth to 109 Watersports, Wyke Regis to Weymouth and Portland Kitesurfing Club Telephone conversation with Tris Best, OTC-Windsurfing, Portland Telephone conversation with Emma Rance, Dorset Wildlife Trust Phone call with Mary Harris, Old harbour Diving, Weymouth Meeting with Neil Jacobson, Crown Estate and follow up correspondence Recommendations as to areas requiring additional attention/information in the draft Management Plan No objections No objections Discussed plans, requested information in . Discussed plans, suggested doesn t see an issue but said would call back when had more time to speak. Outlining proposal and requesting an appointment to discuss Outlining proposal and requesting an appointment to discuss Providing requested information and inviting further discussion Outlining proposal and requesting an appointment to discuss Outlining proposal and requesting an appointment to discuss No objections No objections. Offer to review and comment on Management Plan. Had not reviewed information at time of call, promised to review and respond that afternoon. Highlighted concern that existence of several order

33 2 30 June July July 2016 Discussions with Frank Cox, Portland Harbour Authority Limited and Portland Port Limited Discussion with Nigel Bloxham, owner Crab House Café and Oyster Farm and Billy Winters Diner Discussion with Ben Jones, Agent for Ilchester Estates (landowner of Fleet and lessor of lease for Crab House Café Oyster Farm) might prevent future development of site but acknowledged that no such development foreseeable. Agreed not to object if a 15 year order (rather than 20 years) applied for. Confirmed that Portland Harbour Authority and Portland Port Limited would not object to several order provided (1) an undertaking provided by the applicant (in a form agreed with Bill Reeve on 30 June) in respect of the risks associated with the commercial activities of the port; and (2) health and safety protocols are observed in the operation of the order. No objections re-confirmed. No objections.

34 APPENDIX 1. Plan of extent of several order from Portland Harbour Fishery (Variation) Order 1999

35 2. Proposed extent of several order for the Portland Harbour Fishery Order 2016