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2.1 SERAD and SNH are committed to the conservation of wild freshwater fish as part of the natural heritage and as the basis of fisheries managed in accordance with the Precautionary Approach as agreed by the Council of the North Atlantic Salmon Conservation Organisation (NASCO) (see Box 2). In order to achieve these objectives, rational management must aim to maintain self-sustaining populations of native fish within their natural distribution, and to protect their natural genetic integrity and diversity. In certain areas, this will involve the re-establishment of populations of native fish species. This chapter describes the mechanisms currently in place and the initiatives being developed to address the conservation issues.
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Box 2. The NASCO Agreement on Adoption of the Precautionary Approach to the Conservation, Management and Exploitation of Salmon The signatories to the NASCO Convention have agreed that they: "should be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures". The Agreement also states that: "the Precautionary Approach requires, inter alia: consideration of the needs of future generations and avoidance of changes that are not potentially reversible; prior identification of undesirable outcomes and of measures that will avoid them or correct them; initiation of corrective measures without delay, and that these should achieve their purpose promptly; priority to be given to conserving the productive capacity of the resource where the likely impact of the resource use is uncertain; and appropriate placement of the burden of proof by adhering to the above requirements". |
2.2 The most important conservation concerns with respect to fish are:
i. Protecting important sites and populations;
ii. Managing freshwater quality for fish;
iii. Protecting individual species;
iv. The predatory effects of protected species; and
v. Problems associated with the introduction and transfer of non-native species.
Points i to iii are discussed in this chapter, while points iv and v are considered in Chapter 3.
Site Protection and Management
2.3 Part of the strategy to ensure the survival of particularly important Scottish wild fish populations and communities involves the protection of key water bodies, and the maintenance and enhancement of their water quality. Protection of water bodies is the responsibility of SNH, through its duties under the Wildlife and Countryside Act 1981. This Act provides for the designation of Sites of Special Scientific Interest (SSSIs), for purposes which include the protection of fish populations. For sites notified as SSSIs, owners, managers and statutory agencies are required to provide prior notice to SNH of their intention to undertake or approve management which may affect the site's interest. Where appropriate, management agreements are available to owners and managers of SSSIs in order to secure the action necessary to maintain the nature conservation interest of their fish populations. Box 3 lists examples of SSSIs and other designated conservation sites where freshwater fish are a key feature of interest. Maintenance and improvement of water quality are the statutory responsibilities of the Scottish Environment Protection Agency (SEPA), which is tasked with policing measures taken to give effect to the Fresh Waters for Fish Directive (78/659/EEC) in Scotland.
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Box 3. Examples of Scottish waters where freshwater fish are protected by a conservation designation River Spey SSSI and proposed SAC - relatively strong Atlantic salmon population, little affected by stocking; sea lamprey, Arctic charr (L Insh - river-spawning, unusually for Britain). River Endrick SSSI and proposed SAC - river and brook lampreys - including the breeding and nursery grounds for the highly unusual population of river lampreys, which migrates to Loch Lomond to feed (see below) rather than to the sea. Loch Lomond SSSI - diverse freshwater fish community, including feeding area for the R Endrick river lampreys, many of which prey on a large powan population - itself of UK importance. Loch Druidibeg SSSI - 'spine-deficient' stickleback population. Loch Eck SSSI: original post-glacial freshwater fish community (powan, Arctic charr, salmon, trout, eels and sticklebacks). Loch Doon SSSI - until recent establishments of refuge populations, last remaining Scottish population of Arctic charr south of the Highland Boundary Fault. Lower River Cree SSSI - important spawning site for sparling, a UK rarity. Loch of Girlsta SSSI - most northerly known British population of Arctic charr. River Tweed SSSI: species-rich freshwater fish community of 19 species, albeit 9 are not considered to be native to Scotland. (Waters designated for other reasons, such as inclusion in a large upland site, may provide incidental protection to freshwater fish - e.g. Arctic charr in Inverpolly and Cairngorms SSSIs). |
2.4 The EU Habitats Directive (92/43/EEC) lists certain types of natural habitats and certain species, including a number of fish, for which special conservation measures are necessary. It requires member states to establish protected sites, called 'Special Areas of Conservation' (SACs), in a network known as 'Natura 2000', with the aim of maintaining or restoring these habitats and the habitats of critical species.
2.5 The Directive also requires certain general measures to be introduced for the protection of listed animal species, including measures to ensure that any exploitation of salmon or lampreys is compatible with their 'favourable conservation status'. It prohibits the use of indiscriminate means of capture or killing which might cause serious disturbance to populations of these fish. Where necessary, EU Member States must also endeavour to use planning and development policies that encourage the management of rivers and other continuous landscape features as corridors for migration, dispersal and genetic exchange.
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2.6 In Scotland, two sites have been proposed for fish species listed by the Habitats Directive, namely the River Spey for Atlantic salmon and sea lamprey, and Endrick Water for river and brook lampreys. Three other riverine sites, the Rivers Kerry, Borgie and Moidart, have been proposed for the freshwater pearl mussel, which has a parasitic larval stage hosted by salmonids in fresh water. Where a site is designated because of some other aspect of its conservation interest, it may provide incidental protection to freshwater fish. For example, the Durness trout lochs will be protected through their designation as a calcium-rich habitat. As a result of recent discussions with the European Commission, it is likely that more sites for freshwater habitats and species, including fish and pearl mussel, will be proposed for SAC designation in Scotland. |
| Brook lamprey |
2.7 The Directive's implementing regulations assign the lead site-protection role to SNH, with other competent authorities such as SEPA, District Salmon Fishery Boards (DSFBs) and Local Authorities contributing through the operation of their own legislation. Government policy is to use SSSIs as the basis for the SAC designation, with further safeguards added to strengthen the site's protection in accordance with the Directive's requirements. Catchment management strategies will be prepared for riverine SACs, and SERAD and SNH will be working closely with other competent authorities and local communities, including fishery and angling interests, in developing them. European 'LIFE Nature' funding has been secured to assist in this process.
2.8 Difficulties can arise in the SSSI approach to rivers because of the need to consider the wider influences of the catchment, and the diversity of riparian and fishing ownership. A limited number of rivers have been designated as SSSIs, mainly in order to fulfil the requirements of the Natura network. Management statements are under development for all SSSIs. Legislative changes proposed by the Scottish Executive will increase the protection of SSSIs and improve support for their conservation management. These proposals will increase the flexibility of the designation, which may help to make it more effective where it has been used in relation to the Natura rivers and their catchments.
2.9 SNH is at present considering a number of alternatives to the SSSI system that might make nature conservation in fresh waters less bureaucratic, more collaborative, and with a stronger catchment emphasis to provide links to areas outside those of core conservation value. The anticipated EU Water Framework Directive could have an important role to play.
Wider Habitat Protection
2.10 As has already been pointed out, a number of human and natural factors may affect freshwater fish populations. High habitat quality is essential if Scotland's fish and fisheries are to be protected adequately, and this should be the objective throughout Scotland's fresh waters, not just where there are protected sites or species. Threats to fish habitat quality can include pollution, loss of habitat structure and diversity, and modification of natural water flow regimes (see Chapter 4). The effects on fish populations can include impaired migration; altered fertility; less productive spawning, nursery and adult habitat; and loss of shelter.
2.11 The Fresh Water for Fish Directive (78/659/EEC) was adopted in 1978. The aim of the Directive is to protect freshwater fish by the application of water quality standards. Member States are required to designate appropriate waters within their territory and to put specific measures in place to maintain and improve the quality of their designated waters. In Scotland some 36,500km of rivers (almost 72% of the total length) are designated under the Directive, of which over 98% comply with the mandatory water quality standards. There are 113 waters designated for salmonid protection and two for cyprinids.
2.12 The Report* of the Scottish Salmon Strategy Task Force (SSSTF) published in 1997 identified a need for a better co-ordination of various mechanisms such as grant aid and incentive schemes, codes of practice, and regulation, to give a greater impetus to habitat protection. In recent years, a number of initiatives have been mounted to tackle these problems. Some are targeted at freshwater fish and led by fishery interests, but can demonstrate wider benefits. Others have wider objectives, and whilst they may not necessarily be led by fisheries interests, they are still of benefit to them and to fish populations. These initiatives are often characterised by partnerships working at the local level with a catchment perspective. Such initiatives, emerging in particular from the activities of Fisheries Trusts, Farming and Wildlife Advisory Groups, and Local Biodiversity Action Plans, are required throughout the country to guarantee a secure future for Scotland's precious native fish fauna.
Measures for protecting fish species
2.13 It may not always be practicable or desirable to designate SSSIs wherever species of conservation interest are found. However for certain rare, endangered or vulnerable species, a different protection mechanism is available under the Wildlife and Countryside Act 1981 (as amended). This can create an offence of intentionally killing, injuring or taking species from the wild, or disturbing them or their habitat. Through the Joint Nature Conservation Committee, the statutory conservation agencies in Great Britain submit a five-yearly report to Ministers on species considered to merit this protection. Fish such as sturgeon, powan, allis and twaite shad and the vendace are protected on the basis of that advice. However, these measures can be difficult to enforce, and such statutory provision has often been introduced too late. In addition, a variety of influences are responsible for the rare status of these species, some of which, such as pollution, over-fishing and construction works, might be controlled better by other legislation.
2.14 Nonetheless, protection under the 1981 Act does draw attention to the need for special attention to be given to species under threat. For example, SNH and others have developed 'Species Action Plans' as part of the UK's commitment to its international biodiversity obligations. Through these plans, and other work, SNH has sought in recent years to establish self-sustaining 'refuge' populations of rare or endangered fish species or populations. In the case of the vendace and Arctic charr in southern Scotland, this has involved re-establishing populations in areas where local extinctions have occurred in the past.
2.15 SNH seeks to work closely with fishing interests to promote wider awareness of the presence of protected species and populations, and their importance in the Scottish fish fauna. By doing so, and identifying these species' conservation needs, their future may be made more secure.
Conservation mechanisms for protecting the freshwater fish fauna of Scotland include legislation to protect the species themselves, and to protect water bodies and habitats. Domestic and European legislation provide measures to regulate activities which might directly or indirectly affect fish. Initiatives are being developed to promote greater awareness of the need for conservation.
* Report of the Scottish Salmon Strategy Task Force. SOAEFD, 1997
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