Minutes of the 15th meeting of the Freshwater Fisheries Forum Steering Group held in held in Conference Room No.2, The Scottish Agricultural Science Agency Building. 1 Roddinglaw Road, Edinburgh EH22 9FJ on 27 February 2007
In attendance:
Gordon Brown - SEERAD (Chairman)
Richard Slaski - SEERAD
Manson Wright - SEERAD
Christine McGregor - SEERAD
Donna Easterlow - SEERAD
Andy Dailly - SEERAD
Mabel McDowall - SEERAD (Secretariat)
Hugh Campbell Adamson - Association of Salmon Fishery Boards
Brian Davidson - Association of Salmon Fishery Boards
Jonathan Swift - Association of Scottish Stillwater Fisheries
Roger Brook - Rivers and Fisheries Trusts of Scotland
Sarah Bayley - Rivers and Fisheries Trusts of Scotland
Neil McKerrow - Atlantic Salmon Trust
Willie Miller - Consultative Committee on Protection Orders
Peter Maitland - Fish Conservation Centre
John Armstrong - Fisheries Research Services
Trevor Hastings - Fisheries Research Services
Alastair Stephen - Institute of Fisheries Management
Craig Campbell - NFU Scotland
George Holdsworth - Salmon and Trout Association
Willie Shearer - Salmon Net Fishing Association of Scotland
Bob Ritchie - Salmon Net Fishing Association of Scotland
Walter Davidson - Salmon Net Fishing Association of Scotland
Ronnie Picken - Scottish Anglers National Association
John Hood - Scottish Disabled Anglers Association
Ron Woods - Scottish Federation for Coarse Angling
Colin Bean - Scottish Natural Heritage
Mark Bilsby - Dee District Salmon Fishery Board
Ian Scott - Dee District Salmon Fishery Board
Ian Robertson - Scottish National Angling Programme
1. Introduction
The Chairman welcomed the Steering Group (SG) members and introduced John Hood from the Scottish Disabled Angling Association, Mark Bilsby and Ian Scott from the Dee District Salmon Fishery Board, Trevor Hastings new Director from the Fisheries Research Service, Hugh Campbell Adamson from the Association of Salmon Fishery Boards, Neil McKerrow from the Atlantic Salmon Trust, Walter Davidson from Salmon Net Fishing Association of Scotland and Andy Dailly from SEERAD. He also mentioned that Ian Robertson from the Scottish National Angling Programme (SNAP) would be joining the group later in the day.
2. Apologies:
Andrew Wallace - Association of Salmon Fishery Boards, Seymour Monro - Atlantic Salmon Trust, Callum Sinclair - Scottish Environmental Protection Agency, Miranda Lindsay - Scottish Rural Property and Business Association. Also Arthur Griffiths, Stuart Baxter and David Dunkley from SEERAD
With regard to Regulating the Introduction of Fish in Inland Waters the Chairman advised that a paper outlining options for consideration would be presented and discussed at the next meeting, probably April.
3. Minutes of the Previous Meeting
Minutes have been agreed electronically and posted on the web site.
4. Matters Arising
4.1 Economic Value of Salmon Netting
As agreed at the previous meeting the subject was discussed in the Economic Sub Group and would also be discussed under item 6 on the agenda
4.2 Angling in Tidal Waters
The group were informed that there is a public right of fishing, in aid of which the shore may be used by the public. This is a right of fishing for white fish, for trout and by implication other freshwater fish, but not for salmon or sea trout.
The landward limit of this right is the high water mark of ordinary spring tides (MHWS). What is meant by a tidal river is that section of a river lying below MHWS. A river is not "tidal" in the relevant sense merely because the level of the fresh water in its channel varies with the state of the tide. It appears that what is meant by a tidal river is a stretch of water which, while identifiable as a river, could also properly be regarded as part of the sea - it contains salt water (at least at high tide), and the width of its channel varies with the state of the tide. A river with a distinct narrow channel, containing fresh water, and where no part of the channel becomes exposed at low tide, will not be a tidal river merely because its level varies with the tide.
For the public right to exist, the river must be both tidal and navigable. It seems, that navigable means not merely that the river is capable of allowing navigation, but that it is actually used for this purpose.
It follows that the existence of the public right will in many cases be a matter of uncertainty. Large estuaries, such as the Forth and Clyde, are clearly public navigable rivers; others may not be, depending upon the existence or otherwise of a recent history of navigation. It would generally be unwise to assume that there is a public right to fish in a stretch of river merely because it lies below the level of MHWS.
Assuming that he could get there, a member of the public exercising the public right to fish would be entitled to stand on the bed of a public navigable river (or the exposed portion at low tide) while exercising that right.
However, the existence of a public right to fish in particular waters does not confer any right of access at common law. In theory someone may have the right to fish in certain waters but not the right to get there.
The Land Reform (Scotland) Act 2003 does not give any person the right to be on private land while fishing, or to fish while crossing private land. This much is clear from sections 2(1) and (2) and 9(c). So even if a river were both tidal and navigable, and thus subject to a public right to fish, nothing in the 2003 Act permits someone to fish while standing or walking along the bank.
What is less certain is whether the 2003 Act would give someone the right to cross private land, carrying his fishing equipment, in order to exercise a public right of fishing while standing in a public navigable river. Reading sections 2(2)(a)(i) and 9(c) together, we see that the Act says that a person purporting to exercise access rights who, at the same time, engages in hunting, shooting or fishing is to be taken as not exercising those rights responsibly. The difficulty arises in construing "at the same time". The question therefore is whether someone who crosses land for the sole purpose of reaching a place where he would have a right to fish engaging in fishing at the same time as he crosses the land?
The question of whether the 2003 Act allows access to be taken over private land in order to stand and fish in a public river is a question between the fisherman and the landowner and will ultimately be for the Courts to decide. The answer to the question is one of pure statutory interpretation, which will ultimately be for the courts to resolve. If landowners or anglers are concerned about particular cases, they should seek their own legal advice.
5. Gs Update
The Chairman advised that the recent test of the contingency plan had been a really valuable exercise with 45-50 participants taking part over the two days. A number of useful lessons had been learned and issues identified that required for further consideration. The contingency plan will now be updated to take account of these issues. The Chairman also advised that he would like to undertake a 'field test' at some point in the future.
The feeling of the group was that the exercise had been a very interesting, worthwhile, but also alarming experience. It had highlighted the importance of careful preparation and the need for plans to be put into action as quickly as possible should the parasite ever be found in Scotland. The exercise had also highlighted the need to convey information quickly to the general public, anglers and other water users. It was suggested that it would be useful if plans were drawn up on a catchment by catchment basis so that they could be implemented quickly, possibly along the lines of the exercise being undertaken by the River Dee.
The Chairman advised that a public awareness campaign had been organised and this would be launched at both national level, fronted by Jack Charlton, and at three regional events on Monday 5th March 2007. New posters and leaflets have been produced and these would be distributed in large numbers to organisations for circulation to members.
He also advised that consideration would be given to conducting local briefings to raise awareness of the problem.
Action - SEERAD to consider conducting local briefings
6.1 Deeside Project
The Chairman introduced Mark Bilsby and Ian Scott from the River Dee District Salmon Fishery Board (DSFB) who gave an interesting presentation on the work that is being undertaken by both the DSFB and the River Dee Trust regarding Freshwater Fisheries Management & Development on the River Dee.
The Deeside Project will centre around five core activities which are as follows:
· Provide an evolutionary pathway to a new Local Fishery Management Structure for the Dee Catchment
· Improve information provision on access to fisheries
· Improve fishery infrastructure
· Train personnel
· Encourage new participants into angling.
The project also aims to:
· Develop the provision of good fishing experiences that will attract people back, and stimulate them to recommend the 'product' to their friends
· Promote good accommodation experiences that will attract people back, and stimulate them to recommend the 'product' to their friends
· Debunk of the myth that fishing is 'elitist' - much of the fishing on the Dee is cheaper than going to watch a football match or playing a round of golf
· Attract new participants to the sport, particularly the young, women and disabled who may not have previously considered angling as an accessible sport
· Ensure that fishing guides and ghillies are adequately trained, not just in relation to fishing (including teaching novices), but in relation to inter-personal skills, first aid, working with disabled anglers.
The presentation was followed by a short question and answer session. The group then agreed the Dee Project should be supported and used to "pilot" and "test" ideas for more integrated local management. It was agreed that Mark and Ian would produce a project paper and forward to the Secretary for circulation to the SG and also keep the group updated on how the project was progressing.
Action Mark Bilsby /Ian Scott to produce a project paper and forward to the Secretary for circulation to SG members
The Chairman suggested it might be a good idea to look at carrying out a similar pilot project in a totally different area of the country. Members were asked to think about this and the proposal would be discussed at a future meeting.
Action - Members to consider the above proposal for discussion at the next meeting
The group were advised that the Dee Joint Management Group would be happy to have an SG member sit on the Dee Joint Management Group should there be any volunteers.
Action -SG members to consider whether they would like to volunteer to sit on the Management Group
The group were also advised that the IFM was working closely with LANTRA to help the industry to identify appropriate training. On-line competency training is available and it was suggested that this could prove to be a useful tool for the Dee to trial.
6. Framework Plan.
The group were thanked for all their hard work to date and provided with an overview on progress so far. The draft document, although fairly advanced, still requires work, the addition of certain annexes and all references to be checked. At the moment there are still some 50 priorities for action, which it was agreed was too many, therefore work will have to be done to reduce the number. The Chairman advised that the group would need to examine the PFA's closely to enable them to identify, prioritise and address the most important ones first. Other less important PFA's could be addressed through time.
He also advised that he was conscious of the fact that SG members were voluntary and that it may be an idea for SEERAD to look at funding a facilitator to deliver projects or provide a resource to help support lead organisations in the delivery of priorities for action.
He thanked members for the constructive comments that had already been received and invited them to make further comments as the group worked through the document. Comments have not been recorded in the minutes, but have been collated and passed to Richard Slaski for incorporation into the plan. Richard will liaise with members, as necessary, and produce an updated draft for discussion at the meeting at the end of April.
With regard to research it was suggested that there needed to be more co-ordination between private and public bodies to discuss research priorities, possibly along the same lines as SARF which works very well. The Chairman advised that it should be possible to reflect research priorities in the framework plan.
Action - Members to reflect on research priorities and prioritise before the next meeting
The Chairman intimated that he hoped that it would be possible to launch the final draft document at the Forum in September with the full public consultation taking place after that.
The importance of making sure that organisations had sufficient time to consult with members, before the Forum, was highlighted. It was recognised that it would be essential to get members on board before the document is launched and SG representatives should be communicating with their members over the summer.
It was also suggested that it would be useful to produce a briefing document to ensure that members of the public did not misinterpret the contents of the plan.
The Chairman agreed that he thought this was a good idea and asked the Consultant Richard Slaski to work on a draft for SG's consideration.
Action - SEERAD/Richard Slaski to consider producing a briefing document
6.2 Scottish National Angling Programme (SNAP)
The Chairman introduced Ian Robertson from SNAP who gave a brief overview of the project supported by a very informative DVD.
The aim of the programme is to offer people of all backgrounds and abilities opportunities to participate in the sport of angling, thereby improving their quality of life.
It aims to do this by:
- Inducting newcomers to the sport and use angling to improve their quality of life and connect people of all back grounds and ages actively with their environment.
- Offer opportunities for personal and career development through lifelong learning, skills acquisition and a healthy lifestyle.
- Provide a safe forum for young people to get access to angling at a reasonable price and learn about the sport.
- Divert people away from abuse, anti social behaviour and crime.
It is made up of four complementary projects which are as follows:
- Setting up the Scottish Youth Angling Association
- Induction of a new generation of Anglers
- Access to certificated courses in angling and related subjects
- Social inclusion project
The overall objective is that all four projects become self-sustaining after three years, at which point SNAP may no longer be needed.
After watching the DVD there was a short Question and answer session.
One of the main points to come out of the discussions was the fact that the project, at the moment, was only funded for one year which ended in September 2007 and that there was an urgent need to raise further funds to keep the project going for the proposed three years. The Chairman asked if they were receiving any public funding and agreed to pass on a list of useful contacts to SNAP. He also passed on an invitation to attend future SG meetings, if relevant.
Action - Secretary to pass list of contacts to Ian Robertson
Update - list passed to Ian Robertson - item cleared
A.O.B
7.1 SE Netting Policy - Handout provided
Strathy Netting Station - The Chairman was asked if there was any move to keep the netting station at Strathy open for research purposes. He advised that SEERAD would be prepared to consider any proposals should they be submitted.
7.2 Invitation to Environment and Rural Development Committee to send representative to the SG
It was agreed that SEERAD would ask the new Minister to write to the Environment and Rural Development Committee after the election.
7.3 Date for the Forum
It was agreed that due to the forthcoming election that mid/late September would be a more suitable time to hold the Forum. - Update 23 March 2007
Action - Secretary to investigate suitable dates
Update - The National Piping Centre has been booked for Wednesday 25 September 2007
8 Date of next meeting
It was agreed that the next meeting would be held at SASA on 30 April. Dates for future meetings were agreed for 23 October and 11 December.
Update - Due to the unavailability of the conference rooms at SASA on 30 April the meeting has been re-arranged for Wednesday 2 May 2007
The group were advised that Craig Campbell the representative from NFU Scotland was retiring at the end of April; therefore this would be his last meeting. The Chairman took the opportunity to thank him for all his input to the Group and wished him well for the future. These sentiments were echoed by the rest of the group.
Action Craig to advise who will be taking over as the NFU Scotland representative
Update - details have been passed to the Secretary - item cleared