6.1 Access to both net and angling fisheries is largely controlled by the proprietors, who include, for example, The Crown Estate, private individuals, companies, local authorities and angling clubs/associations. This chapter describes briefly the ownership of fishing rights and examines the scope for making more fishing opportunities available.
Fishing rights
6.2 Laws relating to fishing in Scotland are ancient, with the earliest known of those made to regulate fishing for salmon dating back to the 15th Century. Annex B gives a list of the primary and subordinate legislation pertaining to salmon and freshwater fish in Scotland. The regulations, as they apply to salmon and freshwater fisheries, are described more fully in Annex C. A major difficulty in enforcement of the law arises from the piecemeal nature of the large number of Acts and regulations. This difficulty is being addressed by a current programme to consolidate the existing salmon and freshwater fisheries legislation.
6.3 Fishing rights are private and it is not the fish but the right to fish for them that is owned. Salmon fishing rights are heritable titles, which may be held with or separate from any land, and carry with them the inferior right to fish for trout and other freshwater fish. This right must not be exercised in a way that will interfere with the rights of the riparian owner. The rights to fish for freshwater fish belong to the owner of the land that is adjacent to the water. It is a criminal offence to fish for salmon without the legal right or without written permission from the owner of the right. In the case of fishing for trout and other freshwater fish, the general rule is that fishing without permission is a civil rather than a criminal offence. Exceptions to this rule are to be found in legislation applying to some of the rivers entering the Solway Firth and where Protection Orders (POs) have been made under the Freshwater and Salmon Fisheries (Scotland) Act 1976.
6.4 Under the 1976 Act, Scottish Ministers may make POs. These Orders may only be made where owners or occupiers of freshwater fishing rights apply for protection of their rights in return for increased availability of fishing opportunities. In determining whether a PO should be made, the conservation of any species of fish in the area to be covered must be considered. Where a PO has been made, it is an offence to fish for freshwater fish, including brown trout, without permission. Thirteen such POs are currently in force (see map). There has been concern voiced in some quarters that POs may have been used to reduce access to fishing. As a result, a consultation exercise was undertaken in 1997. In the main, respondents thought that the PO system worked well, although concern was expressed about the availability of fishings in some areas and also that access to fishing had decreased in some areas once the POs had been made permanent.
map graphic
6.5 A Task Force was established to examine the procedures for applying for a PO and to ensure adequate monitoring of the system once an Order was in force. The Task Force proposed amendments to the application system and recommended that effective Liaison Committees be set up in each PO area to administer and monitor the system. It made a number of further recommendations: adoption of an holistic approach to the management of freshwater fisheries, attention to be paid to the problems that arise as a result of the blanket protection afforded by a PO, and more flexibility to enable sensitive responses to changes in waters and their fish populations. It highlighted problems that have been identified on some occasions when ownership of fisheries has changed.
6.6 There are some, of course, who will not accept the need for POs, feeling that they pose a restriction on free access to fishing in fresh waters. However, there has never been a free right in law to fish for freshwater fish in Scotland.
The rationale and scope for wider access
6.7The availability of angling can be increased if the level of awareness of angling opportunities in the general public is increased. Two elements of this deserve particular consideration.
6.8 Firstly, in many areas not all of the permits that are available are taken up, suggesting that the existing fishing opportunities are not fully utilised. However, a cause for concern among many anglers is that it is often difficult to know how and where permits may be obtained. There have been complaints that permits may be available only from a limited number of outlets and at limited times. This has often led to the impression that access to fishing is limited, whereas it may be that existing mechanisms for issuing permits are inadequate. In some places, there is comprehensive information indicating where permits may be obtained. For example, an annual guide published by the Scottish Borders Tourist Board, "The Comprehensive Guide to Scottish Borders Angling" provides full details of the types of fishing available in the Tweed catchment, how and where to obtain permits and guidance on national and local fishing regulations. The Tweed Foundation runs a telephone information system called "Tweedline" which provides information on a range of subjects including catches and prospects, river heights and salmon fishing availability. A number of other schemes also exist, or are being developed, elsewhere in Scotland, to provide information on how and where permits may be obtained, although the introduction of such schemes is not as widespread as it perhaps should be. The Internet is increasingly used to provide information to prospective anglers on the availability of fishing in a number of areas, and this may be especially valuable to anglers from abroad.
6.9 Secondly, there is scope for opening up access to fishing in areas that are not currently fished. However, in some rivers, lochs and lochans, particularly in the Highlands, it is questionable how much more fishing pressure could be sustained. Many of these waters are cold for much of the year and poor in nutrients. As a result, populations of freshwater fish may comprise small, slow-growing, relatively old fish. Such populations may be very sensitive to any further increase in levels of exploitation.
6.10 The fishery base could be diversified through the development of new fisheries. This may not only attract anglers who specialise in fishing for particular species of coarse fish, but may also provide opportunities for salmon and trout anglers to widen their fishing experiences, perhaps reducing fishing pressure on game fish.
6.11 Whilst there may be some interest in making salmon fishing more widely available, the fact that salmon stocks are currently under considerable pressure means that now is not the time to increase exploitation. The reported catch of salmon by all methods for the 1998 fishing season, the lowest on record at 278 tonnes, continued a long-term downward trend in catches that started in the mid 1970s. Early indications are that the catch for 1999 will be lower still. Scientific advice from ICES in 1999 was that stocks of multi-sea-winter salmon in the Southern European stock complex, to which Scottish salmon belong, were now outside safe biological limits. The catch advice given was that extreme caution should be exercised, especially in those fisheries that exploit a mixture of stocks from a number of different rivers. In the case of grilse (maturing one-sea-winter salmon), ICES advised that as stocks were now at or near safe biological limits, caution should be exercised, especially in mixed-stock fisheries.
6.12 One of the consequences of increasing the availability of fishing opportunities, whatever the target species, is that exploitation levels may rise. Where fishing is to be increased, managers must be confident of the ability of fish stocks to withstand increased exploitation. Somewhat paradoxically, where access to fishing is increased, regulations may be needed to control the levels of mortality directly or indirectly attributable to fishing. For example, there are no weekly close times for trout and coarse fish in Scotland and no annual close times for coarse fish. In some areas, especially where fish are slow-growing, it may be necessary to consider the introduction of close times or sanctuary areas.
6.13 It may be possible to increase angling opportunities where catch and release is adopted, although this still encounters some resistance. Some anglers oppose it on principle, claiming that they would rather go elsewhere than be forced to practise catch and release. Strangely, a number choose to visit fisheries in countries such as Russia, where total or partial catch and release may also be required. Other anglers have expressed concern about what to do with fish that have been injured during the catching process. Despite these views, support for catch and release is rising in Scotland with 20% of all salmon caught by rod and line in 1998 having been released. A survey by the ASFB confirmed that DSFBs are increasingly advocating its adoption. In 1999, bye-laws were introduced in England and Wales to require the release of all rod caught salmon taken before 16 June, to ban the use of natural bait for salmon before 1 June and to delay the start of all net fisheries for salmon until 1 June.
| catch and release photo |
6.14 Guidance on the practice of catch and release is available in notes produced by NASCO and the Atlantic Salmon Trust (AST). SERAD's Fisheries Research Services have produced a video, sponsored by the Environment Agency, the AST, the S&TA, The Atlantic Salmon Conservation Trust (Scotland) and endorsed by SANA, ASFB, NASCO, Ulster Angling Federation and the Salmon Research Agency of Ireland. 6.15 A number of fisheries in both rivers and lochs are stocked with brown trout, often supplied by fish farmers. Some angling clubs also operate their own hatcheries. Such fisheries may provide useful fishing opportunities without necessarily increasing pressure on wild stocks. However concerns have been expressed in some cases that stocked fish, usually because of their numbers and size, compete with wild fish to the latter's detriment. There are also concerns that stocking may attract predators, such as cormorants, which may feed on both stocked and wild fish. |
| Catch and release |
6.16 The number of fisheries for rainbow trout has increased markedly in recent years and more could be developed, particularly in ponds created for the purpose. These fisheries can serve a useful function by providing new angling opportunities without increasing exploitation of wild fish stocks. They provide many young people with their first angling experience.
6.17 Coarse fishing interests believe that there is scope for further development of their sport in Scotland, particularly in the Central Belt area. This region is relatively easy to reach for anglers from elsewhere in the UK. It contains lochs, ponds and canals capable of supporting populations of coarse fish whereas lochs in the Highlands may not provide suitable environments for species of coarse fish favoured by anglers.
6.18 A major consideration in developing coarse fishing and put-and-take fisheries in Scotland must be the impact of introductions of fish that are not native to Scotland. These may be introduced either as quarry for anglers or, as has been the case in the past, as fish brought in as live bait and discarded at the end of the fishing trip. The introduction of non-native fish as quarry may be less of a problem where they are stocked into waters from which they cannot escape. However, problems have arisen where fish have been moved on from such waters, and there may still be concerns about the possible spread of diseases and parasites.
Land reform and access
6.19 Anglers are not the only recreational users of Scotland's water resources. The banks of rivers, streams and lochs are also popular places with, for example, birdwatchers and people who merely want to walk in the countryside. In general, there is little conflict with anglers, although problems may occasionally arise between anglers and those whose activities require access to the water itself, such as rafters, canoeists and powerboat users.
6.20 The Scottish Executive plans to bring forward legislation to establish a right of access to the countryside for informal recreation and passage. However, this right will not extend to a right to fish. This will remain a private property right, held either as part of riparian ownership, or separately as salmon fishing rights.
6.21 The new access rights will be governed by requirements upon visitors to act responsibly according to the Scottish Outdoor Access Code, developed by SNH in conjunction with the Access Forum. The legislation will make provision for temporary limitations on the right of access on grounds of nature conservation and land management.
| canoeing photo |
The rights to fish for salmon and freshwater fish in Scotland are privately owned. Fisheries are managed by the owners of those rights operating within the legislative framework. Fishing for salmon without right or written permission is a criminal offence. Fishing for freshwater fish, including trout, without right or written permission is generally a civil offence, except in some of the rivers flowing into the Solway, and where Protection Orders have been made. In these cases, fishing for freshwater fish without a permit is a criminal offence. There is a demand for increased availability to angling, but satisfying this demand must be within the context of maintaining sustainable fisheries. The wider adoption of practices such as catch and release may provide more fishing opportunities without increasing the numbers of fish killed. This approach is to be encouraged. Broadening angling opportunities by developing more put-and-take and coarse fisheries may help to relieve pressure on some of the game fisheries. However, it is essential that all fisheries are managed in a way that does not pose threats to native fish from escapes or the inadvertent introduction of diseases or parasites. Access to angling can be increased not only by opening up new fisheries, but also by ensuring that existing angling opportunities are brought to the attention of the public. Codes of conduct are required to ensure responsible behaviour on the part of all stakeholders. |
| Canoeing © Lorne Gill/SNH |