The Scottish Government

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7. Provisional Fisheries Bill

Management structure and access

Since the mid 19th Century, management of the salmon resource has been devolved to the District Salmon Fishery Boards. Boards have powers to do such acts, execute such works and incur such expenses as may appear to them expedient for the purposes of protecting or improving the fisheries within their District; increasing the number of salmon; or stocking with salmon. The Boards are funded by assessments imposed upon each salmon fishery in their Districts. At present, there are 66 salmon fishery Districts and 48 Boards have been established.

A number of fisheries for, e.g. rainbow trout, are operated as commercial enterprises, and managed by the owners. Some brown trout fisheries and some coarse fisheries may also fall into this category.

Little or nothing in the way of management structure has been developed for the vast majority of our wild trout, charr, grayling and coarse fisheries. In most cases it is difficult for riparian owners to introduce a permitting system that can establish a firm financial base. Where Protection Orders are in force, fishing for freshwater fish without legal right or a permit from the owner of the right is a criminal offence. In rivers flowing into the Solway (except the River Annan) a permit is required to fish for any fish. In these cases, it is possible to develop a process whereby some income may be obtained from permit sales, but even here the voluntary nature of the system does not lend itself to organised management.

Challenge: To develop a coherent management structure that takes account of the need to protect and develop sustainable fisheries for all salmon and freshwater fisheries, that allows as wide access to fisheries as is compatible with sustainable fisheries, and is compatible with the requirements of the Water Environment and Water Services Act.

Movement of fish

It is widely acknowledged that the indiscriminate movement of fish between water bodies may pose a number of problems. Where species are not native to the receiving waters, ecological problems related to competition for food and space may result. Where populations of the species being moved already exist, their may be genetic interactions that could be undesirable. Wherever fish are moved, there is the possibility of the transfer of diseases and parasites.

Challenge: To develop measures to regulate the transfer of fish between water bodies.

Fishing methods

In Scotland, the methods of fishing for coarse fish that are accepted throughout almost the rest of the world are unlawful. Commonly used methods such as the use of rod rests have been judged by the Courts to constitute the use of set lines.

There is concern that the use of live fish as bait, or the transport of live fish for use as dead bait, is likely to be a principal factor leading to the introduction of non-native species to some Scottish waters. There is strong support for the continued use of live fish as bait from the coarse fishing community, but the practice has little support from other angling sectors, fishery biologists and natural heritage interests.

Challenge: To develop provisions to make generally accepted coarse angling methods lawful in Scotland. To make provisions with respect to the use of live fish as bait.

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