Performance Contract

Between

The Department of Communications, Marine and Natural Resources

And

The Central & Regional Fisheries Boards

1. Parties to the Contract

This performance contract is entered into between the Department of Communications, Marine and Natural Resources (the Department/DCMNR) and the Central & Regional Fisheries Boards (C&RFBs/the Boards). The following terms and conditions apply.

2. Duration of the Contract

This contract will be for an initial (rolling) period of 3 years and is deemed to commence on July 1^st, 2006. New targets will be agreed and incorporated into the contract on an annual basis and will be subject to available funding and staffing resources.

3. Background Information

The Central & Regional Fisheries Boards were established under the Fisheries Act 1980 and the Fisheries (Amendment) Acts 1987 to 2003.

The Regional Fisheries Boards are broadly responsible for:

Protection and conservation of the inland fisheries resource in accordance with the Fisheries Acts.
Preparation of development plans for the fisheries under their management.
Promoting, marketing, developing and encouraging game, coarse and sea angling and provision of related facilities and amenities as required.
Cooperating and co-ordinating with the Central Board and/or Regional Boards to ensure the effective and efficient deployment of resources, performance of functions, drawing up of estimates and provision of services within and between the Fisheries Boards.
Promoting and encouraging the management, conservation, protection, development and improvement of fisheries which are not in their possession or occupation.

The Central Fisheries Board is responsible for:

Providing advice to the Minister on policy relating to the conservation, protection, management, development and improvement of inland fisheries
Providing, undertaking and co-ordinating, specialist and support services to or for Regional Boards
Co-ordinating and consulting with the Regional Boards on the preparation and regular review of national inland fisheries development plans
Advising the Minister on the efficient and effective performance by the Regional Boards of their functions
Administration of schemes, grants etc.
Supporting and co-ordinating of angling promotion
Development of international promotion and marketing strategies with other State agencies in relation to game, coarse and sea tourism angling.
Management, of fisheries, hatcheries or fish farms in its possession or occupation
Provision of such services for the management, conservation, protection, development, improvement or promotion of fisheries or matters relating to fisheries and research or experimental work.

In its Statement of Strategy 2005 to 2007, The Department has committed to the following goals and objectives:

To conserve the inland fisheries resource in its own right and to facilitate exploitation of the resource on an equitable and sustainable basis.
Ensure the effective conservation, primarily through the Fisheries Boards, the Loughs Agency and the Marine Institute, of inland fish habitats and stocks.
Encourage the sustainable development, through appropriate investment and support within resource constraints, of the commercial and recreational fishing resources.
Deliver effective legislative and regulatory framework and value for money management for inland fisheries sector

The parties to this contract are committed to the pursuit of these objectives and will work in partnership to support the achievement of related outputs and outcomes.

4. Performance Targets

The Boards are committed to the achievement of the following performance targets:

General

Develop, agree and implement costed and clearly defined (i) organisational change, (ii) efficient service delivery, (iii) management development and (iv) stagiaire programmes which meet the particular requirements and operating circumstances of the Boards. Report on progress towards the achievement of related objectives and key performance indicators to the Department on an annual basis.

Restructuring of the Inland Fisheries Sector

Co-operate with the Department in the Department’s developing of a detailed work programme for the restructuring of the Boards.
Assist and advise the Department in developing the Bill to establish NIFA and the National and Regional Advisory Councils.
Support and co-operate fully with the consultation process to be initiated by FGS during the year.

Fisheries Advice to the Minister

Provide timely advice and guidance in relation to the salmon management regime post 2006.
Deliver to the Department finalised policy reviews in relation to the following by October 2006:
- Brown trout
- Coarse Fish
- Carp
- Hatcheries
Support the Department and other State agencies in the development and implementation of an eel conservation and exploitation strategy
Submit a listing of priority investment projects to the Department by end June 2006 for funding in 2007
With the Department, develop a clear role in the areas of aquatic environmental protection, habitat degradation and water quality in conjunction with the Department of Environment, Heritage and Local Government by end 2006. The role will be complementary to that of D/ELG, and will include a clear accountability framework. This is contingent on the early appointment of a Director of Research and Development.
Develop a considered, costed and integrated angling tourism strategy in conjunction with Failte Ireland by November, 2006. Pursue and achieve related objectives during the period 2007 and 2008; this will be subject to securing the necessary financial and staffing resources in a timely manner.
Ensure that the number of (i) short boat and (ii) LPV patrol days is increased by a minimum of 7 per cent over and above average 2003 to 2005 levels in 2006 and by a further 5 per cent per annum during 2007 and 2008.
Undertake an internal review of trends in illegal fishing activity, develop and propose intelligence based approach to deployment of fishery protection officers by end 2006. Implement revised arrangements on a consistent basis, across all regions by July 2007.
Develop integrated strategy, policy and procedures for undertaking spot/random checks of compliance by end 2006. Achieve a 7 per cent per annum increase (over average 2003 to 2005 levels) in inspections of (i) fish dealers, (ii) restaurants, (iii) hotels/guesthouses and (iv) fishing competitions over the period 2006 to 2008.
Achieve a 7 per cent per annum increase (over average 2003 to 2005 levels) in inspections of ‘at risk’ (i) farms and (ii) industrial premises over the period 2006 to 2008.
Achieve a 5 per cent per annum increase (over average 2003 to 2005 levels) in the number of pollution infringements detected and successfully resolved.
Undertake 1000 pre planned assessment inspections of potential pollution threats in each year over the period 2006 to 2008
Undertake and write up 60 fish stock assessment surveys in the period of this performance contract.
Identify, target and rehabilitate a minimum of 52 kilometres of river/stream each year over the period 2006 to 2008.
Develop, agree and implement an integrated approach to fishery patrols (incorporating water quality sampling, pollution monitoring and illegal activity monitoring) by July 2007. Achievement of this objective will be subject to agreement with Trade Unions and staff availability.
Increase the value of non-exchequer revenues by a minimum of 5 per cent per annum from sources including e.g. fish sales, permit charges, etc. Note: licence duties are determined by the Minister.
Undertake an access audit in the context of the Disability Act 2005 by December 2006.
Educational awareness:

10 schools visited under the Something Fishy programme per, Regional Board per year.
200 youths taken coarse game and sea fishing programme, per Regional Board per year.

The foregoing represents the priority measurable performance indicators which the Central & Regional Fisheries Boards are committed to pursuing and achieving during the period of this performance contract. It must be noted however, that while it may be possible to achieve these collectively it may not possible to achieve them equally among the Regional Boards. The C&RFBs will continue to identify and pursue other strategic and operational targets/priorities as deemed appropriate by their Boards and the NFME and identified in their respective Business Plans.

Each of the Boards will continue to operate against individual Business Plans objectives and targets which will be the subject of audit by the Department over the term of this contract.

The Department is committed to the achievement of the following performance targets:

Developing, in co-operation with the Fisheries Boards a detailed work programme, with associated timelines, by the end of 2006, for the restructuring of the Boards.
Working with the Boards to progress the bringing forward of the necessary legislation to establish NIFA
Engaging with the Fisheries Boards on accommodation proposals and supporting the Boards in the securing of necessary funding.
Respond to the Boards’ programme for priority investment by the end of July or within one month of receipt of submission of agreed material whichever is the latest.
Approving the 2005 and subsequent Annual Reports and Accounts within 2 months of receipt of agreed report in order to permit timely publication.
Provide substantitive responses to the reviews of brown trout, coarse fish, carp and hatcheries within two months of receipt of same.
Provide the statutory instrument to introduce a cap on eel licences for each engine, within three months of receipt of proposals in relation to same from the NFME.
Evaluate, in consultation with the Boards, its role, if any, in relation to the ‘no net loss’ process, by July 2006.
Timely preparation of legislation, if required, to implement salmon management decisions for 2007.
Provide a response to the pike policy document, submitted by the CFB by end of August 2006.
Provide a Bye Law on the conservation of Coarse Fish on the lines of the advice tendered by the NFME

5. Flexibility & Amendment of Targets

Both parties recognise that it may become necessary to change, modify, add to or otherwise alter, agreed performance targets during the course of this contract. A necessity for amendments may be prompted by changes in e.g., legislation, government/ministerial priorities, prevailing operating circumstances and/or broader political, economic, financial or related priorities.
Where either party decides amendments become necessary, both parties commit to engage in meaningful consultations. Such consultation will be designed to quantify any increase or reduction in effort required to achieve amended targets, while simultaneously ensuring that other targets are modified to reflect total output requirements.

6. Communication & Information Sharing

Both parties commit to the promotion of proactive communications, cooperation and information sharing. Regular meetings (at least quarterly) will take place to identify and discuss both parties’ performance against targets, obstacles to the achievement of targets, support and intervention requirements, the ongoing relevance of particular targets, etc.
Both parties will be jointly responsible for proposing, agreeing and scheduling regular meetings. A meeting schedule will be agreed at the beginning of each calendar year. The schedule in respect of 2006 will be agreed in July 2006.

7. Performance Evaluations

Formal evaluations of the Boards’ and Department’s performance against specified targets will be undertaken on an annual basis.
As required, evaluations of performance will either be (i) undertaken by the Boards/Department and independently audited or (ii) undertaken by an independent third party.
The Boards and the Inland Fisheries, Marine Leisure and Research Division will be provided with a minimum of 28 days advance notice of performance evaluations.
Relevant representatives from the Inland Fisheries, Marine Leisure and Research Division and C&RFBs management teams will be invited to contribute to and inform the performance evaluation process.
Full details of the outcome of performance evaluations will be shared with the Inland Fisheries Marine Leisure and Research Division and Chief Executives of the Boards. Prior to publication, all parties will be provided with an opportunity to comment.

8. Partnership & Responsiveness

Both parties are committed to the promotion of partnership, responsiveness and mutual cooperation in their ongoing interactions.
Both parties undertake to ensure that no unavoidable delays will arise in respect of decision making, responses to correspondence, information requests or related matters.
Both parties commit to keeping each other fully appraised and updated on all key issues.
Where it is satisfied with the appropriateness of the request, business case and supporting information provided, the Department commits to support funding and/or other resource allocation applications on behalf of the Boards.
Where the Department and/or the CFB/RFBs require the cooperation or intervention of other government departments/offices/agencies which may be in a position to support the Department / C&RFBs in the achievement of strategic and/or operational priorities, both parties will intervene to secure this cooperation.

9. Governance

Both parties commit to ensuring ongoing awareness of, and timely compliance with, all of their corporate governance, reporting and related obligations.

10. Role of Boards and Department

In its oversight role, the Department commits to ensure that the Central & Regional Fisheries Boards meet their mandate, statutory obligations and specific performance targets as outlined in this document. The Chairman/CEO of each Board and the Assistant Secretary, Inland Fisheries Marine Leisure and Research Division, undertake to ensure that performance against targets is monitored on an ongoing basis and that statutory and related obligations are met.

Signed: ________________________ Secretary, NFME

Signed: ________________________ Signed: ________________________ Chairperson, NFME Assistant Secretary

Signed: ________________________ Signed: ________________________

Chairman, of the Central Secretary General

Fisheries Board on behalf of

all Fisheries Boards

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Eastern Regional Fisheries Board