Minutes of the 5th Meeting of the Freshwater Fisheries
Forum Steering Group held at Pentland House, Edinburgh, on
Thursday 25 November 2004.
In attendance:
Gordon Brown - SEERAD (Chairman)
David Dunkley - SEERAD
Shauna Cranney- SEERAD (Secretariat)
Andrew Wallace - Association of Salmon Fishery
Boards
Brian Davidson - Association of Salmon Fishery
Boards
George Holdsworth - Association of Scottish Stillwater
Fisheries
Seymour Monro - Atlantic Salmon Trust
Jane Davis - British Trout Association
Willie Miller - Consultative Committee on Protection
Orders
Professor Peter Maitland - Fish Conservation Centre
John Armstrong - Fisheries Research Services
Dr Alastair Stephen - Institute of Fisheries
Management
Jane Wright - Rivers and Fishery Trusts
Robert Ritchie - Salmon Net Fishing Association of
Scotland
Ronnie Picken - Scottish Anglers National Association
and Salmon and Trout Association (Scotland)
Derek Keith - Scottish Campaign for Public Angling
Colin Innes - Salmon and Trout Association
Callum Sinclair - Scottish Environment Protection
Agency
Ron Woods - Scottish Federation for Coarse Angling
David Howell - Scottish Natural Heritage
Miranda Lindsay- Scottish Rural Property and Business
Association
Craig Campbell - National Farmers Union (Scotland)
Introduction
1. The Chairman welcomed the two new members, Jane Davis
(British Trout Association) and Craig Campbell (National
Farmers Union Scotland) to the Steering Group. The
Chairman also informed the meeting that Graeme Waugh's
replacement, Manson Wright would be joining the Steering
Group for lunch. It was also reported that Miranda Lindsay
would be the permanent representative from the Scottish
Rural Property and Business Association.
2. The Chairman proposed the following changes to the
Agenda:
- The item on the Freshwater
Fisheries Forum, under Matters Arising should be moved
to item number 5 on the agenda as a separate issue;
and
- Infectious Salmon Anaemia should
be added to A.O.B.
Apologies
4. Apologies were received from Sarah Bayley (Rivers and
Fisheries Trusts).
Minutes of Previous Meeting
5. The Steering Group agreed Mr Gardiner's proposed
amendment to the previous minutes:
'Ian Calcott of SANA advised the group that he was
representing grayling interests and relayed that the
Grayling Society (through Alan Ayre) would like a close
season for grayling. Ian was asked by the Chairman to
provide the rationale behind why one was felt needed'.
Action - SEERAD to put approved minutes on the
SE website.
Matters Arising
Task Matrix
6. The Consultative Committee on Protection Orders
suggested a date should be put on each new version of the
Task Matrix. This proposal was agreed by the Steering
Group.
Action - Secretariat to insert date on each new
version of the Task Matrix
Highlands and Islands Aquaculture Forum
7. The Chairman reported back to the Group on the
Highlands and Islands Aquaculture Forum (HIAF) and informed
the meeting of the key issues that had arisen from the
forum including:
· Protection of wild stocks;
· Sea lice control; and
· Fish disease control.
Action - Chairman to continue to report back on
the work of HIAF
Bill Issues
Section 30 Equivalent for fish movements (SFFF SG
5-1)
8. David Dunkley introduced the paper on the regulation
of the movement of salmon and freshwater fish between
inland waters in Scotland. The paper provided some
objectives on this issue which can be put to the Forum in
February.
9. The Rivers and Fisheries Trusts asked if Option 2 on
the document included non-notifiable diseases, as there was
currently a problem with this issue.
Actions:
- The Association of West Coast Fisheries
Trusts to submit a paper outlining the problems
currently with non-notifiable diseases and outline
reasons for the need for new legislation on this,
and also ways in which it may be avoided.
- Steering Group to submit written comments on SFFF SG 5-1 to
Secretariat by 9 December
- Secretariat to produce a focusing paper on this
issue based on the comments received, to be circulated
to the Steering Group and then presented to the Forum.
Close Times
10. The Steering Group discussed the paper (SFFF SG 5-2)
submitted by Alan Ayre, outlining the case for having close
times for Grayling in Scotland.
11. It was reported that District Salmon Fishery Boards
(DSFBs) wished to retain the weekly close time for rod and
line fishing, and that the Grayling anglers were in favour
of close time for Grayling running from 15 March until 15
June.
12. The Chairman concluded that the best way forward for
the issue of close times was to insert an enabling
provision in the forthcoming Bill. It was also agreed that
the arguments for a specified Grayling close time as they
currently stand would need to be examined further to
determine if the dates proposed were the most
appropriate.
13. The issue of the Sunday close time was discussed
again by the Group. Many of the members were in agreement
that there was no real need for a change in the legislation
here and it was commented that it would only increase
exploitation.
Actions:
- The Chairman asked for any other comments
on this issue to be forwarded to Secretariat before
9 December. Secretariat to summarise comments
and circulate to members before the Forum.
- The Chairman asked for a volunteer from
this group to feed back conclusions and directions
on this area to the Forum. Volunteer to contact
Secretariat by 9 December.
Bill Issues
Management Structures
14. The Chairman thanked the Management Subgroup for the
producing the paper (SFFF SG 5-3) on Management Structures
options and invited Andrew Wallace to discuss the Sub
Group's findings. The Steering Group were reminded that
there were no solid conclusions regarding the preferred
option. The paper had not been discussed with the
respective organisation members and was therefore asked to
be kept as a draft paper for discussion at the moment.
15. The Chairman summarised that the Steering Group
members were broadly supportive of with the "Unitary
Structure" option, and that this aspiration required input
from both the public and private sectors. This option
would require the establishment of these "Unitary
Structures" on a nationwide basis. They would have to
cover all species, and be catchment based and big enough
to be viable, but local enough to retain identity. Some
members of the Steering Group agreed that there should be
around 20-25 of these 'Unitary Structures' in Scotland and
this number worked well with the geography of Scotland. The
Unitary Structures would aim to develop management plans
that encompasses sustainability along with accessibility.
The legal basis of the 'Unitary Structures' would be very
important and help determine how prescriptive any
legislation would be.
16. It was also estimated that the annual funding
requirement for these bodies would be about £8 million.
The Chairman asked if these thoughts could be brought to
the forum. The Chairman stated that this proposal is
possible, but complex. The concern lay with delivering
this aspiration in the time available for this Bill. The
formal consultation process would need to be ready to take
place in 9 months.
Funding
17. The discussion on funding began with the issue of
rod licensing. There was some disagreement from members of
the Steering Group on the need for rod licensing. Some
members reported opposition in Scotland to their
introduction, even if prices were set at a moderate level.
Concern was also expressed over how a rod licensing system
could be enforced. In contrast, other members indicated
that there was a lot of support for rod licensing in
Scotland. The Chairman stated that this issue would need
to be put to public consultation. A suggestion was made
that rod licensing should be looked at by external auditors
who are neutral to the subject.
18. The Chairman stated that in the short to medium term
there was no public money available to fund the
introduction of rod licensing, or for the unitary
authorities. The public sector spending review had taken
place in the summer of 2004, and the Scottish Executive
spending plans are now fixed until 2008. The Chairman
advised that where initiatives relied on an element of
public funding, it was unlikely that they could be included
in the Bill proposed for 2006, but, rather, would have to
wait for other opportunities possibly in the next
Parliament. This should not derail anything, but it would
mean a longer timescale for implementation.
19. It was suggested that as a Group, there should be
further discussion as to how to evolve a better fisheries
management situation within the legislation currently in
place. It was agreed that it may be sensible for drafting
future legislation to have trial run within the existing
legislation.
20. The Chairman asked if a slightly amended Management
Structure paper could be brought to the forum. Andrew
Wallace asked whether the Steering Group should take the
conclusions of the subgroup paper one step further and put
the suggestion to the Forum as an idea for a possible
solution. It was agreed that the Management Sub Group
would amend the paper to present to the Forum.
Action: SEERAD to send a note to Minister
regarding the funding issue Management Sub-group to amend the paper to bring to
the forum
Access
21. SEERAD reminded the Steering Group that commitment
was given after the proposal in the publication 'Scotland's
Freshwater Fish and Fisheries: Securing their future', that
the Salmon and Freshwater Fisheries Act 1976 would be
repealed and replaced with something that covers the whole
of Scotland and protects fish along with owners rights and
anglers' aspirations.
SFFF SG 5-4 (a) "Aim -To create a replacement for the
1976 Act that will increase access without compromising
sustainable fisheries"
22. Willie Miller presented his paper on Access to the
Steering Group. He explained that he and Derek Keith had
submitted separate papers as they could not reach agreement
towards the latter part of their discussions. Willie
Miller indicated that his preferred option was number 7;
'leave the ownership in the hands of the current owners,
but create an incentive to persuade the owners to
participate in a management and access agreement'. This
option would encompass the fundamental principles of the
1976 Act and would aim to get rid of the factors which
cause problems within that.
SFFF SG 5-4 (b, c, and d) (b) -"Simply repeal the 1976
Act and revert to position before 1976", (c) - "Make it a
criminal offence to fish all Scotland without legal
right/permission" and (c) - "Scottish Anglers Trust"
23. Derek Keith circulated 3 papers on access and gave
the group an outline of their content. There was some
disagreement from the group regarding some of the content
of the papers.
24. Derek Keith also suggested that a Scottish Anglers
Trust could be set up. This would be a corporate body
established by Parliament to administer freshwater fishing
rights in Scotland. This Trust would be eligible for
financial assistance. The Scottish Federation for Coarse
Angling agreed that the development of an Anglers Trust was
an interesting proposal, and pointed out that it would have
to be involved in fisheries management in both public and
private waters. The Salmon and Trout Association thought
that spending money on bureaucracy in the form of an
Anglers Trust would not be a good idea and stated that the
availability of fishing in Scotland is currently very
strong. It was also commented that there is no public
money to fund the compensation of rights which were
considered likely to be substantial.
25. In conclusion, there was agreement that problems
existed with the Freshwater and Salmon Fisheries (Scotland)
Act 1976, but not everyone agreed that it was fundamentally
flawed. It was agreed that more investigation was needed
to see where it is going wrong. It was also acknowledged
that some areas were working well.
26. The Chairman suggested that there was a need for
real evidence to justify changes to the 1976 Act. He
questioned how the Steering Group would gain that evidence
and who would collect it. SEPA suggested that as none of
the Steering Group are neutral to the process of Protection
Orders, the only way to move on this would be to have
someone neutral to carry out the assessment. The ASFB
agreed that an independent objective review was needed to
collect this evidence. It was agreed by the Group that
they should wait and read the report on Protection Orders
that Peter Maitland had written and then decide if an
independent assessment was needed.
27. The Steering Group agreed that they all wanted the
same end but differed over how to achieve it. It was
agreed that the Steering Group would have a set of
principles ready to report on for the Freshwater Fisheries
Forum on 4 February.
Actions:
- Ron Woods to circulate the paper on Protection
Orders
- Peter Maitland to circulate the review of
Protection Orders that he had prepared 5 years
ago.
- Secretariat to pull the above information
together and see how it fits
4.3 Emergency Slaughter of Stocks
28. The Chairman introduced Dave Wyman and Neil Sinclair
from the Aquaculture Health and Welfare Branch of FFA and
stated that they have a special interest in this topic as
they are responsible for organising the contingency
planning process for Gyrodactylus salaris (Gs).
29. Dave Wyman said that with regard to Gs, the powers
currently available come under the Diseases of Fish Act
1937 and 1983. This piece of legislation enables the
Department to apply controls to Fish Farms and water
systems should diseases occur. This would control the
movements of live fish and eggs and it would allow the
movement of dead fish from the river system, except in the
case of water authorities.
30. Dave Wyman also stated that there was no provision
in the current legislation for the payment of compensation,
but this may be another issue for the Bill.
31. Neil Sinclair stated that there was a workshop
organised on 16 February 2005, to discuss the Gs
contingency plan and all of the issues raised today would
also be discussed there. It was agreed that the issue of
compensation would need a lot of thought and legal
advice.
Collection of scientific Data
32. ASFB stated that this issue had over run from the
'Scotland's Freshwater Fish and Fisheries. Securing their
Future' document and asked if this issue was going to be
dealt with in the Bill process. SEERAD informed the
meeting that this issue should hopefully be dealt with
before then, as the provision already existed under other
legislation. It was agreed that there was no need to put
it in the Task Matrix as District Salmon Fishery Boards
already had powers to collect information under the Salmon
Conservation Act 2001. However it was reported that there
was a strong argument to expand it to other species for the
Bill.
Action - Secretariat to put in the Collection
of scientific data for other species in the Task
Matrix
Freshwater Fisheries Forum
33. The Chairman stated that the main issues that needed
to be put on the agenda for the Freshwater Fisheries Forum
included the following:
- Management
- Access
- Miscellaneous (including: use of
gaffs, tailers, knotted nets and pike gags; regulation
of fish movements; use of live fish as bait; annual/
weekly close times; and use of multiple rods and rod
rests)
34. It was agreed that there should be separate
presentations on Management Structures and Access and the
other issues should be combined for one presentation under
miscellaneous items. The Chairman suggested that the Forum
should be used for reporting on the aspirations discussed
at today's meeting and also to explain the timing issue. A
voting system could be used at the end of each presentation
to test for the level of support for all the issues.
Action - Volunteers for giving presentations to
come back to Secretariat
6. AOB
SFFF SG 5-5 - 'Letter regarding the use of Pike
Gags'
35. The letter regarding the ban on the use of Pike Gags
was acknowledged by the Steering Group. Scottish
Federation of Coarse Angling agreed to put a note back to
Secretariat on this matter.
Action - Scottish Federation for Coarse Angling
to put a note to Secretariat on the issue of Pike
Gags
Infectious Salmon Anaemia (ISA)
36. The Chairman reported that FFA had issued a press
release on Friday 19 November 2004 after it became evident
that there were signs of an Infectious Salmon Anaemia (ISA)
infection on a fish farm in the Western Isles. The Chairman
assured everyone that it was not an outbreak; it was just
signs of an infection. It was reported that controls had
to be put on that farm and another 7 fish farms within the
control zone.
Date and Place of Next Meeting
37. The Steering group agreed that there should be one
more meeting before the Freshwater Fisheries Forum in
February. This meeting would be to discuss the
presentations for the forum and would have a narrow
agenda.
10.00am, 17 January, Strathearn House, Perth