SFFF SG 5-1: Regulation of the movement of salmon and
freshwater fish between inland waters in Scotland
It is clear that freshwater fish species have been
extending their range in Scotland. Some of this expansion
may have come about naturally, but there is little doubt
that fish have been physically moved and introduced into
new locations. This is not a new phenomenon; it has been
going on probably for centuries. For example, fish such as
the grayling have been introduced into a number of our
rivers. Whereas this has been largely welcomed as a useful
addition to the angling resource, some introductions have
been rather less well received by ecologists.
There is extensive documentation of the introduction and
movement of new species, notably the papers that have been
produced describing the change in the fish community in
Loch Lomond. One of the species cited as posing particular
problems, the Ruffe, has now been spread further in
Scotland.
The problem is not restricted to non-native fish being
introduced, however. A number of lochs and rivers in the
Highlands now support populations of e.g. minnows that were
never present historically. These are likely to have been
taken to these waters by anglers visiting from further
south, who brought the minnows along as bait for trout
fishing. Whether the fish were used as live bait or dead
bait, live specimens have ended up in the new waters
perhaps by escape or release at the end of the fishing
trip. In other instances, bait fish, such as juvenile
perch, may have been introduced into waters already
containing this species, but the local populations may be
genetically quite distinct from the introduced specimens.
The impact of the introduction of new genetic material is
less easy to determine, but may not be beneficial.
One way of looking at the situation is to undertake a
risk-analysis and consider the application of the
Precautionary Approach. A risk-analysis might conclude that
where fish are being moved around, there will always be the
probability that some fish will be either accidentally or
deliberately released. The impacts on the local fish
community may not be immediately obvious, but they are
likely to cause change, and probably not for the better.
Application of the Precautionary Approach requires that we
should not do something if that action could cause an
irreversible change, such as permanently changing an
established ecosystem or altering the genetic make-up of
isolated populations by introducing conspecific but
unrelated individuals.
Under existing Scottish legislation, the only control on
the introduction, keeping, release or movements of fish in
Scotland are the provisions in the Import of Live Fish
(Scotland) Act 1978 in relation to the introduction,
keeping or release of fish not native to Scotland, and
those in section 24 of the Salmon Act 1986, which apply
only to salmon or salmon eggs, and then only in relation to
salmon fishery districts where a district salmon fishery
board has been established.
The situation is rather better in England and Wales,
where section 30 of the Salmon and Freshwater Fisheries Act
1975 makes it an offence if a person introduces any fish or
spawn of fish into an inland water, or has in his
possession any fish or spawn of fish intending to introduce
it into an inland water, unless he first obtains the
written consent of the Environment Agency. An exception to
this rule is where the water is or is part of a fish farm,
which, if it discharges into another inland water, does so
only through a conduit constructed or adapted for the
purpose.
While section 30 provides significantly greater
safeguards against the unregulated movement of fish than
are available in Scotland, there are still problems. EA
indicate that it is difficult to enforce; unless someone is
caught in the act, it is extremely difficult to prove that
they have introduced fish into a water body or that they
intend to do so. Further, it is not an offence to possess
the fish in tank on a lorry, even if it apparent that the
intention is to use them for stocking.
There is no intention to introduce a blanket prohibition
of the movement of fish within Scotland. There is, however,
a clear case for introducing a regulatory mechanism to
control the spread of fish. We must learn from the
experience of the EA in this respect, and introduce an
analogue of section 30 to Scottish legislation, but amended
to overcome the shortcomings identified by those charged
with enforcing the law in England and Wales.
Possible options - in addition to existing fish
health provisions:
1. Those persons, including angling clubs or
associations, who wish to introduce fish into an inland
water from another water should obtain the prior written
consent of the appropriate management body, who should
require that a risk assessment be undertaken by the
proposer.
2. Suppliers of fish should be registered and provide
appropriate certification with respect to the provenance
and health status of any fish sold for stocking.
3. Detailed movement records should be maintained by
suppliers and the management authority, and these should be
available for inspection.
4. The offence should attract appropriate penalties
(fine up to Level 4 on the standard scale (up to
£2500)?).
5. In the case of established put-and-take fisheries, a
general licence may be issued to reduce the administrative
burden on such businesses.
6. In the case of ornamental fish traders, and
aquarists, a general licence may be issued to reduce the
administrative burden on such businesses.
Guidelines should be established so
that:
1. Stocking should be permitted only where there is no
significant risk of ecological detriment to the donor
waters or receiving waters and where there is a
demonstrable environmental, economic or recreational
damage.
2. Stocking should not normally be permitted in waters
with established fish populations where it is not currently
practised and has not been in recent years - except where
this is needed to restore depleted populations or mitigate
the effects of e.g. loss of spawning habitat.
3. Where recreational pressures argue for stocking to
sustain populations or to create new fisheries, decisions
on whether to allow movements and introductions should take
account of the existing populations, carrying capacity and
the current and proposed management regime.
4. Fish should not normally be introduced into waters
outwith the natural range of the species or into new
catchments within their existing range.
5. Reintroduction of fish which are no longer present in
a catchment should be permitted only after an assessment of
the likely environmental effect of the reintroduction.
6. Where fish are to be introduced to holding
facilities, such as a fish farm or transit station,
adequate safeguards to minimise the risk of any escape of
fish should be in place before fish may be introduced.