The Scottish Government

THE FRESHWATER AND SALMON FISHERIES (SCOTLAND) ACT 1976

REVIEW OF THE SYSTEM OF PROTECTION ORDERS

In the Green Paper, Scotland's Freshwater Fish and Fisheries: Securing Their Future (August 2001), we undertook to review and, if necessary replace, the existing system of Protection Orders.

Under the Freshwater and Salmon Fisheries (Scotland) Act 1976 riparian owners and occupiers (tenants who by virtue of their lease have fishing rights for freshwater fish) may make proposals for Protection Orders covering complete catchment areas, lochs or systems of lochs, and rivers, in return for enhanced angling access.

This system has been criticised over the years on a number of grounds: voluntary monitoring mechanisms proved inadequate; angling access was varied over time; new owners were unaware of their obligations; permit availability was poorly advertised; and actual delivery was problematic.

We thought it sensible, against the time the Parliamentary timetable provides the necessary legislative opportunity, to confirm now that there is general agreement that the existing system should be replaced and, if so, with what. (A new system would have to reflect the rights of owners of fishing rights and the wishes of anglers, and to address the conservation status of the fish and the management of the fisheries.)

I am writing to those individuals and organisations listed in Appendix 2 to this letter. (If you consider that others not listed there should also be consulted, please let us know.)

You are invited to let us have your views on the questions above - whether in writing or in person. If you are responding on behalf of a representative group, it would be helpful if you would provide with your reply a summary of the people and organisations whose views you are representing.

In due course the responses to this letter will inform the development of new legisative proposals, which will in turn be subject to full consultation before the end of this year.

Please write to Richard Gustar by the end of June at the following address:

Scottish Executive Environment and Rural Affairs Department

Freshwater Fisheries and Aquaculture

Room 408A

Pentland House

47 Robb's Loan

Edinburgh

EH14 1TY

or e-mail him at richard.gustar@scotland.gsi.gov.uk.

The telephone and FAX numbers are, respectively, 0131 244 5245 and 0131 244 6313.

Your response will be made publicly available unless you specifically indicate that you wish it to remain confidential. Copies of this letter and the responses will be available in the Scottish Executive Library, Saughton House, Edinburgh. This letter has been posted on the Scottish Executive consultations web page at www.scotland.gov.uk/about/ERADRA/FFAME/00016932/.

JINNY HUTCHISON

Appendix 1

The legal position

Although salmon and freshwater fish are wild animals and belong to nobody until they are caught, the rights to fish are private titles. They fall into two categories:

• salmon fishing rights: private, heritable titles which can be owned separately from the land adjacent to, or through which, the waters run; and
• riparian rights to freshwater fishing: owned by the owner of the land through which the waters run.

Salmon fishing rights allow the owner to fish for salmon (which includes sea trout) and all other species of freshwater fish. Riparian rights allow the owner to fish for all freshwater fish, apart from salmon and sea trout. There is no free right to fish for freshwater fish in Scotland.

However, whereas fishing for salmon without the right or without written permission is a criminal offence, fishing for freshwater fish without right or permission is, generally, a civil offence. There are some exceptions to this general rule. Where fishing takes place in a 'stank', which is a pond or loch with no inlet or outlet to allow fish to enter or leave, fishing without permission is a criminal offence. In rivers that flow into the Solway Firth, except for the Annan, permission is required before one can fish for any salmon or freshwater fish. Where a Protection Order has been made under the provisions of the 1976 Act, fishing for trout or other freshwater fish without the right or written permission is a criminal offence.

Appendix 2

LIST OF CONSULTEES
All DSFBs
All Fisheries Trusts
All Protection Order Liaison Committees
All Scottish Local Authorities
A M Oliphant
Aberfeldy Angling Club
ACPOS
Action of Churches Together in Scotland
Alan Johnson
Alice Lambert
Allan Water Angling Improvement Association
Andrew Allan
Andrew Graham-Stewart
Andy Gray
Anglers Conservation Association
Angling For Change
Angling Foundation
Angling Trade Association
Anthony Lowrie
Association for the Preservation of Rural Scotland
Association of Inland, Navigation Authorities, C/o British Waterways
Association of Salmon Fishery Boards
Association of Scottish Stillwater Fisheries
Association of Stillwater Game Fishery Managers
Association of Waterways Cruising Clubs
Association of West Coast Fisheries Trusts
Assynt Angling Group
Atlantic Salmon Conservation Trust (Scotland)
Atlantic Salmon Trust
Ballater Angling Association
Barbel Society
Bidwells Property Consultants
Bishops Conference Scotland
British Eel Anglers Club
British Energy
British Finfish Farming Association
British Trout Association
British Waterways
Busby Angling Association
Butterstone Loch Fishings Ltd
Caithness and Sutherland Angling Group
Carlisle Angling Association
Carnie Consultancy
Carp Society
Catfish Conservation Group
Catholic Parliamentary Office
Central Scotland Anglers' Association
Charles J Wood
Chris Williams
Church of Scotland
Clyde Fishermens Association
Colin Duncan
Commercial Coarse Fisheries Association
Consultative Committee on Protection Orders
Consumers Association
Consumers in the European Community Group (UK)
Convention of Scottish Local Authorities
Country Landowners Association
Countryside and Natural Heritage Unit
Crofters Commission
Crown Estate Commission
D McInally
D W Roxborough
Dee Salmon Fishing Improvement Association
Department for Environment, Food and Rural Affairs
Dornoch & District Angling Association
Dr Alistair Inglis
Dr D Scott
Dr Jean Balfour CBE
Dumfries & Galloway Angling Association
Duncan Twigg
Dunfermilne Artisans Angling Club
Edward Mountain
Environment Agency
Eric Begbie
European Research into Consumer Affairs
Evangelical Alliance (Scotland)
Federation of Border Angling Associations
Federation of Highland Angling Clubs & Associations
Firth of Clyde Forum
Fish Conservation Centre
Fisheries (Electricity) Committee
Forestry Commission
Forth Fisheries Foundation
Forum on the Environment
Friends of the Earth
FRS Freshwater Laboratory
FRS Marine Laboratory
Gairloch Community Council
Game Conservancy Trust
Game Fisheries Ltd
Gary Clarkson
General Assembly, Church of Scotland Offices
Gordon Ingram
Gordon Macpherson
Grant MacLeod
Grayling Society
H S W Blakeney
Highland Light & Power Ltd
Highlands and Islands Enterprise
Highlands and Islands Forum
Highlands of Scotland Tourist Board
HM Customs and Excise
Hon Lord Morison
Hugh Parry
Iain Muir
Ian Gregg
Ian McConville
Ian Small
Innogy plc
Institute of Fisheries Management (Scottish Branch)
Institute of Freshwater Ecology
Institution of Water and Environmental Management (Scottish Branch)
J G Shaw
J Martin
J V Robinson
James Graham
Jean Matterson
Jeremy Inglis
John Compton MBE
John Morrison
John Scougall
Karl Altdorfer
Kenny McIntyre
Kilmaurs Angling Club
L Moore
Local Government Association
Loch Awe Improvement Association
Loch Lomond Angling Improvement Association
Lord Burton
M Mackenzie
M Thornton
Messers Rolling Rivers Publications Ltd
Methilhaven and District Angling Club
Michael McNeil
Mid Nithsdale Angling Association
National Association for Specialist Anglers
National Association of Fisheries & Angling Consultatives
National Consumers Council
National Farmers Union Scotland
National Federation of Anglers
National Federation of Consumer Groups
National Federation of Fishermen's Organisations
National Trust For Scotland
New Cumnock Angling Association
New Galloway Angling Association
Nith Fishings Improvement Association
North Atlantic Salmon Conservation Organisation
North Atlantic Salmon Fund (UK)
Orkney Fish Farmers Association
Orkney Fisheries Association
Orkney Trout Fishing Association
Owen Figgis
Paul Fishlock
Pike Anglers Alliance
Pike Anglers Club of Great Britain
Piscatorial Society
Pitlochry Angling Club
PowerGen plc
Ralston McPherson
Richard Allan
RICS in Scotland
River Annan FIA
River Clyde Foundation
River Don Brown Trout Improvement Association
River Forth Anglers Association
River Irvine Angling Improvement Association
River Kelvin Angling Association
River Tweed Commissioners
Robert Chartier
Robert Williamson OBE
Roger Hatcher MBE
Royal Society for Nature Conservation
Royal Society for the Protection of Birds (Scotland)
Royal Society of Edinburgh
Salmon and Trout Association (Scotland), C/o The National Game Angling Centre
Salmon Net Fishing Association of Scotland
Sandy Chalmers
Scottish & Southern Energy plc
Scottish Anglers National Association
Scottish Campaign for Public Angling
Scottish Canoeing Association
Scottish Carp Group
Scottish Chambers of Commerce
Scottish Churches Parliamentary Office
Scottish Coastal Forum
Scottish Crofters Union
Scottish Enterprise
Scottish Environment LINK
Scottish Environment Protection Agency
Scottish Federation for Coarse Angling
Scottish Fisheries Co-ordination Centre, C/o FRS FL
Scottish Fisherman's Organisation
Scottish Fly Fishing
Scottish Landowners Federation
Scottish Natural Heritage
Scottish Power
Scottish Society for the Preventation of Cruelty to Animals
Scottish Tourist Board
Scottish Water
Scottish Wildlife And Countryside Link
Scottish Wildlife Trust
Scottish Youth Parliament
Shetland Salmon Farmers Association
Sir Michael Wigan Bt
Skye Environmental Centre
Sophy Weatherall
Specialist Anglers Alliance
Specialist Anglers Conservation Group
Sportscotland
Steve Clerkin
Tay Access Group
Thomas McGregor
United Clyde Angling Improvement Association
United Clyde Angling Protective Association
VisitScotland
W M Shearer
Water Research Centre
Welsh Federation of Coarse Anglers
West Sutherland Fisheries Trust
Whiteadder Angling Association
Wildlife and Countryside Link
William MacIndoe
WWF Scotland
Young Scot
Youth Link Scotland