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PART 3 - FRESHWATER FISHERIES
3.1 Gyrodactylus salaris ( GS)
Enabling Powers to eradicate GS (Question 25)
52. The Scottish Executive proposed an enabling power to allow the Scottish Ministers to eradicate GS. These powers would have serious and far reaching consequences both for the wider heritage and water user interests, which is why the Scottish Ministers would have to consider very carefully the most appropriate option.
53. All respondents to the consultation agreed that the Bill should include enabling powers to eradicate GS. Some respondents stressed the need to take into account the effects of treatment upon habitats, species and the local economy.
54. The Scottish Executive intends to implement the proposal through a number of provisions. These are detailed in the following sections on GS.
Powers to apply treatments and remove dead and moribund fish (Questions 26, 27, 28 and 29 refer)
55. The Consultation proposed that the Scottish Ministers have powers to apply chemical treatments to watercourses and freshwater fish farms for eradicating GS and to authorise, direct and if need be remove dead and moribund stock from watercourses and freshwater fish farms.
56. An overwhelming majority of respondents agreed with the proposal. There was a high degree of consensus that chemical treatments only be applied when and where it is appropriate to do so and only after consultation with the relevant stakeholders. A number of respondents indicated that compensation should be available for businesses affected by the treatment.
57. The Scottish Executive intends to implement these proposals. Such provisions would apply within designated areas, defined by Order. The Scottish Executive will also include an enabling power in the Bill that will give the Scottish Ministers the power to establish a scheme and make payments to those parties who suffer losses as a consequence of the Scottish Ministers exercising their powers in relation to all aspects of Gyrodactylus salaris in the Bill.
Standstill Notices (Question 30)
58. The Scottish Executive proposed that the Scottish Ministers have a power enabling them to place a standstill notice on all fish farms and waters to prevent the movement of live fish and eggs until the extent of the outbreak is determined. The proposals would apply to any parts of the United Kingdom, regardless of whether or not GS was present.
59. There was broad support for the proposals. However a majority of respondents from the aquaculture sector objected, expressing doubts about the impact upon business.
60. The Scottish Executive intends to implement this proposal. These provisions would apply within designated areas, defined by Order. The Scottish Executive also intends to introduce other provisions in the Bill where an area is designated under section 2 of the 1937 Diseases of Fish Act 1937 (where waters are or may become infected due to the presence of the parasite). Under these provisions the Scottish The Scottish Ministers will prohibit the taking into or out of the designated area any vehicle, equipment, material or substance unless they have been disinfected. The movement of persons and dead fish will also be regulated.
Erection of barriers and closure of fish passes (Question 31)
61. The Scottish Executive proposed that the Scottish Ministers have powers to authorise the erection of such barriers and, if required, to authorise the closure of fish passes, taking cognisance of relevant regulatory regimes.
62. A majority of respondents agreed with the proposals. However concerns were expressed about the practicalities of placing barriers across large rivers and the impacts upon biodiversity.
63. The Scottish Executive intends to implement this proposal for barriers upstream of the tidal limit.
Compulsory Access (Question 32)
64. The consultation proposed that the Scottish Ministers and their agents have powers of compulsory access where a landowner may wish to restrict access and prevent them from tackling GS.
65. An overwhelming majority of respondents agreed with the proposal.
66. The Scottish Executive intends to implement this proposal.
Clearance of fish farms (Question 33)
67. The Scottish Executive proposed that the Scottish Ministers be provided with powers to clear fish farms in order to deny the parasite a host.
68. An overwhelming majority of respondents agreed with the proposal.
69. The Scottish Executive intends to implement this proposal and require the withdrawal of all fish from the waters of the farm and the destruction of all dead fish and live infected fish.
Mandatory disinfection of recreational gear (Question 34)
70. The Scottish Executive proposed that the Bill includes powers to establish a scheme for the mandatory disinfection of recreational equipment at ports of entry in Scotland with a view to preventing the introduction of GS.
71. A majority of respondents agreed with the proposal. However many pointed out that this measure was going to be difficult to implement and enforce given that Scotland was the only part of the UK and Ireland proposing to prevent GS in this way. Some respondents stated that this was already in place in parts of Scotland.
72. The Scottish Executive does not intend to implement this proposal. Rather, the Scottish Executive intends to undertake an education and awareness campaign through the GS Contingency Plan to prevent the parasite from entering Scotland.
3.2 Amendment to rules on access
Liaison Committees (Question 35)
73. The Scottish Executive proposed to make it a requirement for Protection Order applicants to establish a liaison committee, rather than continue to rely on the current administrative arrangements.
74. It was clear from the responses to the consultation that there was a high degree of support for the proposal. However, there was some debate with regards to the membership and funding. Of those that disagreed, many preferred the current arrangements.
75. The Scottish Executive does not intend to implement this proposal. The Scottish Executive recognises these concerns and has decided that it would in fact be best to consider the future of liaison committees within the context of the wider debate about future of freshwater fisheries management in Scotland.
Advertising (Question 36 and 37 refer)
76. The Scottish Executive proposed that the 2003 Act be amended so that Protection Order applications are not required to be advertised in the Edinburgh Gazette. The Scottish Executive also asked respondents to indicate how Protection Orders should be publicised beyond the requirement in the 2003 Act that the applicant advertise in such other newspapers as the Scottish The Scottish Ministers direct.
77. A majority of respondents agreed with the proposal to remove the requirement to advertise in the Edinburgh Gazette because advertising in the Gazette was costly and was not read or readily accessible to interested parties. Those that disagreed with the proposal, disagreed because many lawyers (who represent clients) read the Edinburgh Gazette. Respondents gave a range of views on how applications for Protection Orders should be advertised. The most popular suggestions were local and national newspapers and online.
78. The Scottish Executive intends to remove the requirement for applicants and the Scottish Ministers to advertise in the Edinburgh Gazette.
Excluding fisheries from the Protection Order (Question 38)
79. To date, when a Protection Order has been made, it has covered an entire area, irrespective of whether all the riparian owners within that area want to be involved and have agreed to provide increased access. The Scottish Executive proposed to make it clear that a Protection Order can exclude certain fisheries within a catchment or part thereof.
80. A majority of respondents agreed with the proposal. There was broad agreement that there was little point enforcing a Protection Order against the wishes of a riparian owner. It was also suggested that only those who offer responsible access should benefit from the Protection Order. There was concern about the potential confusion that could be caused amongst anglers should a Protection Order become fragmented.
81. The Scottish Executive intends to implement this proposal.
Removing fisheries from the area covered by the Protection Order (Question 39)
82. The Scottish Executive proposed that the Scottish Ministers be given a power to vary a Protection Order (without a third party needing to apply for a variation) to remove fisheries.
83. A majority of respondents agreed with the proposal. Many respondents suggested that this power should only be used after full consultation with the relevant fisheries and angling organisations.
84. The Scottish Executive intends to implement this proposal so that the Scottish Ministers may vary a Protection Order as they see fit, in consultation with the original applicant for the Protection Order.
Making the existence of a Protection Order known to property buyers (Question 40)
85. The Scottish Executive proposed to explore how prospective buyers could be alerted to the existence of a Protection Order when buying property with fishing rights, whether it be private housing, commercial property or land.
86. Respondents were asked to indicate how buyers should find out about the existence of a Protection Order. A range of views were offered, the most popular suggesting that the seller should make the buyer aware before purchasing. Others suggested that the existence of a Protection Order be recorded on the title deeds.
87. The Scottish Executive welcomes these views and believes that the existing conveyancing system is sufficient to capture information about Protection Orders.
3.3 Fish Movements - Wild fish
Regulating the movement of fish into inland waters (Question 41)
88. The Scottish Executive proposed to prohibit the keeping, transportation and introduction into any inland water (unless it is a fish farm) of live fish or spawn of fish, without the authority of inspectors. The Scottish Executive also proposed to make it an offence to be found in possession of fish or spawn in circumstances which afford reasonable ground for suspecting that a person intends to introduce them into inland waters.
89. An overwhelming majority of respondents agreed with the proposal. There was support for legislation similar to s30 consent regime in England and Wales under the Salmon and Freshwater Fisheries Act (1975). There were also calls for ornamental fish to be covered by the proposals and to exempt stock enhancement programmes within the same catchment as the movement.
90. The Scottish Executive intends to implement this proposal. It proposes to make it an offence for any person to introduce intentionally any live fish or spawn of any fish into inland waters, or possess such with the intention of introduction with out prior written authority of the Scottish Ministers. The provisions will not apply to fish farms.
3.4 Miscellaneous amendments to freshwater fisheries
Definition of fishing by rod and line (Question 42 and 43 refer)
91. Current legislation appears to outlaw the setting of rods on rod rests and prohibit the use of more than one rod. In order to remove any doubt the Scottish Executive proposed that the definition of rod and line be amended. For coarse fishing the Scottish Executive proposed that no angler should be able to use more than four rods and associated rod rests but must remain in attendance. When harling/trolling from a boat for salmon or 'ferox' trout the Scottish Executive proposed that an angler be able to use a maximum of two rods held on position in the boat by appropriate rod rests.
92. A majority of respondents agreed with the proposal to permit the use of rod rests, although there was some debate about how 'in attendance' might be defined. A number of respondents suggested that the definition of harling include trolling for all species. Respondents were asked if the proposed limits on the number of rods were correct. Less than half of those that respondents agreed with the proposal, with the remainder giving a range of other views on rod numbers.
93. The Scottish Executive intends to implement the proposal on rod rests. As far as rod numbers are concerned the Scottish Executive proposes to limit freshwater fishing to no more than four rods per angler. For harling/trolling the Scottish Executive proposes that this be limited to no more than four rods per boat, regardless of fish species being targeted or the number of people in the boat.
Ban on live vertebrates as bait (Question 44)
94. The Scottish Executive proposed a complete ban on the use of live vertebrates as bait due to the potential impact on the biodiversity of water bodies through competition and predation as well as the increasing the risk of disease and parasites to existing stocks.
95. A majority of respondents agreed with the proposal. However a substantial minority of individuals objected, pointing out that most live bait users are responsible.
96. The Scottish Executive intends to implement this proposal by drawing up an SSI to prohibit the use of live vertebrates as bait throughout Scotland. The Bill will contain an enabling power enabling the Scottish Ministers to prohibit such baits and lures as they may specify by statutory instrument.
Use of Gaffs, Tailers, Pike Gags and Landing Nets (Question 45)
97. The Scottish Executive proposed to prohibit the use of tailers gaffs, pike gags and landing nets with knotted mesh because the use of them compromises the health and welfare of freshwater fish.
98. There was clear support from respondents for the proposals given the health and welfare problems stemming from the use of such devices. Some respondents called for limits to the use of monofilament gill nets.
99. The Scottish Executive intends to implement this proposal and to extend provisions in the Bill to knotted and metallic keepnets. As far as monofilament gill nets are concerned, the use of these for catching fish is already prohibited in Scotland.
Foul Hooking (Question 46)
100. The Scottish Executive proposed to amend the 2003 Act to clearly define and prohibit foul hooking.
101. There was overwhelming support for the proposals. Some respondents felt that the proposals should apply to deliberate or intentional foul hooking rather than be applied to instances where accidental foul hooking occurs.
102. The Scottish Executive intends to implement this proposal
Close Times (Question 47)
103. The Scottish Executive proposed that provision be made to allow the Scottish Ministers to make Orders defining annual and weekly close times for freshwater species either upon application to them or of their own accord.
104. There was broad support for this proposal. Respondents stressed the need for close times to take into account the requirements of the local catchment with local consultation.
105. The Scottish Executive intends to introduce provisions, consistent with provisions in the 2003 Act and allow the Scottish Ministers to make statutory instruments defining annual and weekly close times for freshwater species. Different SSIs may be made for different species.
Eradication of fish (Question 48)
106. The Consultation Paper proposed a power in the Bill to regulate attempts to manipulate the ecosystem through the unnecessary and inappropriate killing of freshwater fish.
107. Most respondents were in favour of this proposal. However there was some debate as to how such activities should be regulated. Respondents were concerned that outright prohibition was perhaps a step to far.
108. The Scottish Executive recognises that further detailed thought it required as to how such activities might be regulated. The Scottish Executive therefore intends to introduce an enabling power for the Scottish Ministers to make such regulations that they consider necessary or expedient for the conservation of freshwater fish.
Obstruction of fish (Questions 49 and 50 refer)
109. The Scottish Executive proposed to make it an offence at any time of year to deliberately set in place any device or structure that will obstruct the free passage upstream or downstream of salmon and other freshwater fish. The Scottish Executive also proposed widening the current rules covering the passage of salmon to cover all species of fish at all times of year.
110. There was general support for these proposals. However there were concerns about how these proposals might be implemented. For example, the impacts on existing structures e.g. dams and existing activities e.g. netting, scientific monitoring.
111. The Scottish Executive proposes to make it a requirement that any obstruction to the free passage of fish, such as may occur where a tree falls into a water course so that fish movement is prevented, should be removed. The Scottish Executive does not intend to apply these proposals to fish passage facilities, e.g. hydroelectric dams.
Definition of fish (Question 51)
112. The Scottish Executive proposed amending the 2003 Act so that the definition of freshwater fish include freshwater crustaceans. The change in definition was proposed to assist in the control and spread of alien species such as the North American Signal Crayfish in Scottish rivers.
113. There was broad support for the proposals.
114. The Scottish Executive does not intend to pursue this proposal through this Bill. The Scottish Executive has established a working group to address issues relating to the introduction of invasive, non-native species, including North American signal crayfish.
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