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Marine and Coastal Access Bill proposals: Migratory and Freshwater fisheries
The Government will use the Marine and Coastal Access Bill to modernise the powers available for the management of migratory and freshwater fish stocks. This is to ensure the future sustainability of fisheries and so that their regulation reflects the value of fishing to the rural economy in England and Wales.
The Marine and Coastal Access Bill reforms current legislation which is inflexible and ill-equipped to deal with present and future challenges facing fisheries managers. The major challenge is that stocks of some migratory and freshwater fish, particularly salmon and eels, are seriously depleted in inland waters in England and Wales.
The changes introduced in the Bill are:
Power for the Environment Agency to make emergency byelaws (Bill clause 215)
The Environment Agency cannot introduce measures quickly in emergency situations: byelaws typically take one year to be made and confirmed. We are proposing that the Agency should be able to make emergency byelaws to tackle problems such as those caused by serious drought, collapse in numbers of returning fish, high temperatures (leading to de-oxygenation of the water) or water pollution. There will be no formal consultation on emergency byelaws, but Ministers will be obliged to revoke or amend them when they are no longer necessary to protect fisheries.
Licences and authorisations (Bill clauses 207 & 209)
Licences will be available only for fishing by rod and line and certain other methods specified by Ministers. These methods will, in general, be less intensive ways of fishing. Currently, we are planning for the following to be licensed:
- for salmon and trout – compass nets, haaf nets, draft hand and trammel/whammel nets, wade nets, coracle nets, T and J nets, drift nets, gill nets and seine nets;
- for eels – fyke nets, dip nets pots, baskets and criggs; and
- fisheries currently undertaken under Certificates of Privilege or statutory entitlement.
Those who wish to fish by a method for which a licence is not available will need to apply to the Environment Agency for an authorisation. The Agency will then assess those fisheries for their effects on both fish stocks and the aquatic environment before granting an authorisation. The Agency will not grant an authorisation if the method causes significant levels of exploitation or harm; or they may choose to place restrictions on the authorisation, such as the times and methods of operation. Currently, we intend that fishers will need to apply for authorisations for the following methods:
- Crayfish traps, eel racks, eel traps, coops, electric fishing and stake nets; and
- Fisheries undertaken for scientific or management purposes (such as those during a close season that would otherwise be illegal).
Reform of law on introduction of live fish (Bill clause 222)
The introduction of fish, whether native or alien, into inland waters can pose a risk to local and national biodiversity through predation, competition or damage to habitats. To complement a recently introduced European regulation controlling the use of alien (non-native) species in aquaculture, we intend to introduce a new scheme that will regulate the keeping, release and removal of native species of live fish (together with certain non-native kinds of fish which are not regulated through European Community law).
The key provision shall be an authorisation scheme; each authorisation would be a detailed consolidated consent setting out what species may be kept, stocked, or removed at a particular site. Not only will biodiversity be better protected, but the long-term consenting framework will lead to significant reductions in the current regulatory burdens placed on both industry and the Environment Agency. By introducing the scheme alongside European legislation, potential disruption and confusion arising from a piecemeal approach will be avoided.
The proposed measures aim to steer away from dealing with native and non-native species in separate schemes. However, the conditions imposed through the authorisations will vary in proportion to the risk posed by particular species or activities. Controls on most native species are expected to be minimal.
We will consult on the details of the scheme before the introduction of secondary legislation in spring 2010.
Powers to tackle fish theft (Bill clause 218 & Schedule 16 paragraph 8)
Whilst the custom in England and Wales is for the catch and release of coarse fish it is not actually a legal requirement on rivers. We will remove the current right for fishery owners, and anyone with their permission, to remove freshwater fish by rod and line: this undermines any catch and release byelaws the Agency may introduce to address fish theft. We will also raise the penalty for fish theft from £200 in the day and £1,000 at night to the statutory maximum (£5,000) no matter when the offence was committed.
Reform of law on close time byelaws (Bill clause 214)
The Environment Agency has the power to set close seasons for salmon, trout, and freshwater fish. However, the 1975 Act contains a number of restrictions on the setting of close times.
We propose to remove the restriction that close time periods must be of a minimum length because this unnecessarily constrains the Agency’s ability to set appropriate close seasons based on the best available evidence.
Fishing for eels is limited through close times, but these exist mainly to protect salmon and freshwater fish. We therefore propose that the Agency should be able to introduce eel close times specifically to benefit of eels, independently of any other close times.
Effort limitation (Bill clause 208)
The Environment Agency is able to limit effort in fisheries (other than by rod and line) targeting salmon and trout through Net Limitation Orders (NLOs), which limit the number of licences that may be issued each year for a maximum ten year period.
We propose to extend this power to cover eel fisheries to contribute to European measures to address the dangerously low level of the eel stock, and to other fisheries so that the Agency can control effort properly. These powers will not be extended to rod and line fisheries. We believe catch and release requirements and close times are the most effective ways of reducing fish mortality in angling fisheries.
We also propose to empower the Environment Agency to make NLOs to protect the marine and aquatic environment when fisheries have a significant impact. Whilst byelaws can provide a level of protection, there may be circumstances when limiting a fishery is the only viable option.
A public enquiry is automatically triggered if there is a single objection from a (relevant) existing licence holder, even if the licence holder fishes only on a part-time or occasional basis. This adds significantly to the cost and time taken to reduce effort. Also, NLOs may not be confirmed if any person, who had held a relevant licence during the previous year and whose livelihood depends on fishing, will be excluded from the fishery.
The relative importance of commercial over recreational fisheries has declined since the introduction of NLOs, and these now give too much emphasis to commercial fisheries rather than conservation of biodiversity. We therefore propose to allow Ministers to decide when a public enquiry should be held, and to remove the bar on making NLOs in certain circumstances.
Compensation (Bill clauses 208 & 217)
We consider that the current obligation to pay compensations has, in the past, discouraged the Environment Agency from proposing a byelaw or an NLO necessary for the conservation of fish stocks. We therefore propose that the current obligation to pay compensation in certain circumstances should be removed and replaced with a power for the Environment Agency to consider paying. There may be circumstances in which compensation of fishery owners for the effects of a byelaw or an NLO might be justifiable, but we consider that compensation should not be paid in those situations when increases in stocks will ultimately benefit fishery owners.
Controls on fisheries undertaken under Certificates of Privilege or statutory entitlement (Bill clauses 207)
Some fixed nets and traps have been fished under privileged status since at least the 19th century. This privileged status has prevented the Agency from taking coherent action to control fishing pressure in rivers where stocks are depleted. The Environment Agency will be given the power to impose conditions on the use of these nets and traps. These conditions might limit how many fish are taken, or specify the fishing gear.
Provisions for illegal instruments (Bill clause 205)
We propose to make clear that a licence to fish by rod and line does not also give an individual the right to use a gaff or tailer. Their use can critically injure fish, making it unlikely that they will survive release, so contradicting catch and release principles and adding to the pressure on stocks.
Ministers will also have the power to prohibit the use of other such implements equipment that might be developed which has the potential to critically injure fish.
The need for Government intervention in migratory and freshwater fisheries was confirmed by a review of legislation relating to the management of salmon and freshwater fisheries published in 2000 and in a further short review in 2006.
It is clear that, without Government intervention, fish stocks will continue to decline. The conservation, management and regulation of inland fisheries needs sufficient rigour and flexibility to contribute to both the recovery and enhancement of fisheries and adapt to future challenges. The Marine Bill will provide the flexibility for our inland fisheries to thrive in the 21st century.
Migratory and Freshwater Fisheries are covered in:
- Part 7, chapter 3 and Schedule 16 of the Marine and Coastal Access Bill
- Throughout the accompanying Impact Assessment
If you have any questions, please contact: freshwater.fish@defra.gsi.gov.uk
Where did these proposals come from? – The Salmon & Freshwater Fisheries Review
The Salmon and Freshwater Review Group was set up by the Government in 1998 to review the existing policies and legislation in England and Wales on the management and conservation of salmon, trout, eels and freshwater fish and to make recommendations for their better management. The Review group was established as much of the salmon and freshwater fisheries legislation is old, some even dating back to the 1870s. Indeed the significant legislation in this area is enshrined in the Salmon and Freshwater Fisheries Act 1975 and the last substantive review was the Bledisloe Report in 1961.
The Salmon and Freshwater Fisheries Review (PDF 2.2 MB) Report was published on 9 March 2000. As part of the review the Group considered the conservation of all fish that spend all or part of their lives in freshwater and of the ecosystems in which they live. The Report therefore considered not just the management of fisheries but the various factors that may affect fish and their environment. The Group also considered the economic and social aspects of fisheries, and concluded that it was important that fisheries were not treated in isolation from their environmental context and that fisheries management should be integrated with general catchment management.
During the course of the review over 700 interested parties submitted comments; the vast majority of whom welcomed the report. Over 350 individuals/organisations submitted written evidence to the Review Group and 30 of these gave oral evidence. In addition 105 people gave evidence at regional meetings.
The formal Government Response (PDF 420 KB) was published in February 2001. The Government accepted a number of the reports recommendations either fully or in part. Defra and the Environment Agency will be responsible for implementing, in England, those recommendations relating to fisheries, funding and relevant institutional/administrative arrangements. Defra also has responsibilities for many of the recommendations on habitats and Research & Development. Where responsibility for recommendations lie with the Welsh Assembly Government, other Government departments or agencies it will be for them to consider and implement as appropriate.
Page last modified: 13 November 2008
Page published: 17 January 2005