Rationalisation of official control biotoxin and phytoplankton shellfish monitoring points in Belfast Lough

This consultation covers Northern Ireland only.

The key proposal is:

• to rationalise the number of official control monitoring points for phytoplankton and biotoxin monitoring in Belfast Lough and introduce representative monitoring points (RMPs).

We welcome comments from stakeholders on this proposal and on any practicalities and/or difficulties which the implementation of the proposal may bring.

A stakeholder meeting has been arranged for Tuesday 9 June from 1600 to 1800 hrs to discuss the above proposal. All stakeholders are invited to attend the meeting at FSANI offices, which will provide an opportunity to exchange views on this consultation and other shellfish issues.

Background

Regulation (EC) No. 854/2004, which came into force across all Member States on 1 January 2006, requires the Food Standards Agency, as the UK competent authority, to classify shellfish production areas and establish a monitoring programme for such areas. These areas should be periodically monitored to check:

• the microbiological quality of live bivalve molluscs
• for the presence of toxin-producing plankton in production waters (phytoplankton)
• for the presence of marine biotoxins in live bivalve molluscs

Regulation (EC) No. 854/2004 also requires FSANI to conduct a sanitary survey of classified shellfish production areas. This survey encompasses an extensive pollution assessment of the production area alongside a review of the water circulation effect on microbiological pollutants within the production area.

In complying with the above European legislation, and due to the increasing number of classified production areas in Belfast Lough, which put significant demand on the resources of FSANI and the official control testing laboratories, AFBI, on behalf of FSANI, carried out a sanitary survey of Belfast Lough in 2008. Based on the findings and recommendations of the sanitary survey, FSANI reviewed and rationalised the microbiological monitoring programme for classified shellfish production areas in Belfast Lough from April 2009.

Current position

Currently, official control monitoring samples of live bivalve molluscs for biotoxin analysis continue to be collected from all classified production areas within Belfast Lough on a monthly basis, with production areas being sampled on a rotational basis, resulting in the water body being sampled fortnightly.

Official control water samples also continue to be collected from all classified production areas within Belfast Lough and analysed for toxin producing phytoplankton on a fortnightly basis.

Proposal

Due to the reasons outlined above, FSANI now proposes to rationalise the number of official control monitoring points for phytoplankton and biotoxin monitoring in Belfast Lough and introduce RMPs for these parameters.

The proposed phytoplankton and biotoxin RMPs were determined as a result of an evaluation of historical data of the occurrence of phytoplankton and algal biotoxin episodes in Belfast Lough and information gathered, as part of the sanitary survey of Belfast Lough, on water circulatory and residence times within the Lough.

It is proposed that the following RMPs will be sampled on a fortnightly basis, commencing on 1 October 2009:

RMPs	Sampling locations Latitude(N)	Sampling locations Longitude(W)
1	54.6446	5.8809
2	54.6754	5.8835
3	54.6667	5.8857
4	54.6625	5.8819
5	54.6765	5.8593
6	54.7038	5.8274
7	54.3993	5.4812

NB: Wild cockle fishery 2 will also be monitored when commercially active. Please see map of Belfast Lough at Annexe A.

Implications

Where phytoplankton species, just above the pre-determined trigger levels, are detected in water samples from a RMP, the RMP will be re-sampled for phytoplankton and biotoxin analyses.

If there is a presence of phytoplankton species, significantly above the trigger levels, in water samples from a RMP, the RMP and associated production areas will be re-sampled for phytoplankton and biotoxin analyses.

A flesh sample from a RMP, which tests positive for biotoxins, will initiate closures on the RMP production area and associated production areas in the Lough until the associated production areas can be sampled for biotoxin analysis.

Queries and responses

As this is a complex issue, further information will be provided at the stakeholder meeting on 9 June 2009. However, if you are unable to attend the meeting but wish to discuss how this proposal will affect you specifically, please feel free to contact us.

Enquiries should be addressed to Debbie Sharpe, contact details given above.

Responses to this consultation are required by 18 August 2009.

Publication of personal data and confidentiality of responses

In accordance with the Food Standards Agency's principle of openness FSANI will hold a copy of the completed consultation. Responses will be open to public access upon request. The Agency will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

In accordance with the provisions of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, all information contained in your response may be subject to publication or disclosure. If you consider that some of the information provided in your response should not be disclosed, you should indicate the information concerned, request that it is not disclosed and explain what harm you consider would result from disclosure. The final decision on whether the information should be withheld rests with the Food Standards Agency. However, we will take into account your views when making this decision.

Any automatic confidentiality disclaimer generated by your IT system will not be considered as such a request unless you specifically include a request, with an explanation, in the main text of your response.

Further information

A list of interested parties, to whom this consultation was sent can be viewed below. Please feel free to pass this document to any other parties with an interest in the subject matter, or send us their full contact details and we will arrange for a copy to be sent to them direct.

A summary of the responses received will be published within three months of the conclusion of the consultation.

This consultation has been prepared in accordance with the Cabinet Office’s Code of Practice on Consultation, see link below.

• Belfast Lough Harvesters
• Northern Group Systems
• Newtownabbey Council
• Carrickfergus Council
• North Down Council
• NIEA
• AFBI

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk