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Forum 2 Presentation - W. Miller

Slide 1:

FRESHWATER FISHERIES FORUM

  • Legislation regarding access
Slide 2:

PARTNERSHIP AGREEMENT

  • Balance between exploitation & conservation
  • Promote local management
  • Continue to promote access for anglers
  • Remove prohibitive restrictions
  • Seek enhanced access whenever public investment improves fisheries
Slide 3:

SCOTLAND'S FRESHWATER FISH AND FISHERIES - SECURING THEIR FUTURE

  • Review objectives of P.O.s
  • Aim to repeal the 1976 Act
  • Replace P.O.s with a new system
  • Balance needs of anglers and owners
  • Establish a system of Scotland-wide protection
  • "When opportunity arises"
Slide 4:

ACCESS STANDARDS 1

  • Access linked to management of sustainable fish stocks
  • Anglers must have legal right or must obtain written permission
  • "Optimum" access for all species in season
  • "Appropriate" charges to both locals and visitors
  • Permits readily available from convenient outlets (- including the internet?)
Slide 5:

ACCESS STANDARDS 2

  • Arrangements well publicised ( + internet?)
  • No unjustified restrictions on methods
  • Night fishing available
  • Closed times have to be justified
  • "Area Permits", where possible
  • Effective public consultation
  • Means of avoiding "abuses"
  • Effective "policing"
Slide 6:

POSSIBILITIES

  • Leave Act unchanged
  • Simply repeal & revert to pre-1976
  • Simply "protect" all owners
  • "Protect" owners & create "access orders"
  • Establish a Scottish Anglers' Trust
  • Build on experience of P.O.s
Slide 7:

SCOTTISH ANGLERS' TRUST

  • Corporate body established by Parliament.
  • Administers freshwater fishing rights.
  • Eligible for financial assistance from Parliament.
  • Owners who grant rights to the Trust gain "Protection" and public investment.
  • Owners who do not, must continue to rely on Civil Law only.
Slide 8:

TRUST SETS UP AREA ANGLING BOARDS CONTAINING REPRESENTATIVES OF

  • angling clubs and organisations
  • riparian owners
  • councils within the area
  • co-opted members

Slide 9:

COMPOSITION OF TRUSTS AND BOARDS

  • not less than eleven members
  • elected at AGM and eligible for re-election
  • angling organisation representatives shall form majority
Slide 10:

POWERS OF TRUST AND BOARDS

  • Administer all freshwater fishing rights in Scotland.
  • Decide on prices of permits, affiliation fees to Trust, hours and places of access, permitted and prohibited tackle, stocking and re-stocking.
  • Decide on compensation, if any, to owners and lessees.
Slide 11:

SANCTIONS FOR CONTRAVENTIONS OF REGULATIONS

  • Trust may impose a fine and demand financial compensation.
  • Trust may serve a Prohibition Order.
  • Breach of Order shall be punishable by a fine.
Slide 12

SON OF PROTECTION ORDERS

  • Link protection to access (& management)
  • Identify & incorporate current best practice
  • Set and publicise minimum standards
  • Make stronger efforts and incentives to encourage participation by owners and/or occupiers
  • Avoid/eliminate "blanket protection"
  • Remove protection as and when necessary
Slide 13:
  • New owners given opportunity to opt in/out
  • Oblige those seeking protection etc. to adopt appropriate structures & practices
  • Ensure adequate public consultation
  • Create an effective monitoring system
  • Find way of including "public" waters
Slide 14:
  • Create an effective policing system
  • Administration and funding must be transparent and accountable
  • New name - NOT "PROTECTION" Orders
Slide 15:

GRANDSON OF P.O.s

IN EACH MANAGEMENT AREA

  • create an "Order", which gives protection to all owners,
  • give owners the option of staying within the "Order"
  • Owners who wish to retain protection must adopt "standards" of access. (and Management)
Slide 16:
  • Owners who do not agree to adopt those standards or who do not respond to the invitation are deemed to withdraw.
  • The fishings of such owners will remain subject to the present system involving Civil Law only.
Slide 17:

VOTING ON ACCESS

  • OPTION 1. ANGLERS' TRUST
  • OPTION 2. SONS OF P.O.s
  • OPTION 3. GRANDSONS OF P.O.S

Page updated: Wednesday, July 13, 2005