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Agenda item 3 is our third evidence-taking session on the Aquaculture and Fisheries (Scotland) Bill. Today, we will hear from two panels of witnesses on different elements of part 2 of the bill. Panel 1 will concentrate on the state of wild salmon and sea trout stocks and conservation measures; the second panel will focus on the details of part 2.
It may be worth giving a bit of background on how we measure trends with regard to salmon and sea trout. By their nature, fish are extremely difficult to count but we have some facilities in Scotland where we have fish counters that can detect individual fish moving across them. On the River North Esk, for example, a carefully validated counter monitors the number of adult salmon and sea trout coming up the river. We can therefore get quite an accurate picture from that site, which we call an index site. That feeds into work in the International Council for the Exploration of the Sea, where a number of index sites from around the North Atlantic are compiled to get a precise idea of changes in fish coming into the river.
We would generally concur with John Armstrong’s analysis of how we catch and how we measure the healthiness of the catch, and with the qualifications that he has given around those points.
It is important to remember that the Scottish salmon population is among the most diverse within the species range. That is particularly important from a fisheries perspective, because adult fish are returning to Scottish rivers throughout the year.
Good morning, gentlemen. Dr Armstrong mentioned the 2011 sea trout catch. I read an article recently that stated bluntly that the sea trout catch on the east coast of Scotland in 2011 was the highest since records began and that the sea trout catch on the west coast of Scotland was the lowest since records began. Can you confirm whether that is the case? If it is, will you speculate on why that is?
The matter is a little bit more complicated than that. There are regional differences in sea trout trends on the east coast. The Tweed, for example, had a really good year, but I think that the Moray Firth had its second-poorest catch on record. Therefore, there are factors that vary between regions which are affecting sea trout. On the west coast in general, catches remain at a low level if we consider the historical records, but they are quite healthy in the Hebrides.
I want to tie that up. At the end of the article, there is speculation that the basic reason is that there is a preponderance of fish farms on the west coast, but they do not exist on the east coast. What you have just said blows a few holes in that particular argument.
Many factors affect the survival of sea trout at sea, and trying to tease out different factors simply from catch statistics will always be very difficult, given the complexity of the situation. I return to what I mentioned earlier. Changes in the fishing effort, for example, will affect catches. One can go so far with catch data, but only so far.
Thank you. That is useful.
Good morning, gentlemen. I understand what Dr Armstrong has just said about there being many factors, and I would dearly love to understand those factors a bit more. I am concerned that, at the end of today’s evidence session, as at the end of other evidence sessions, lots of people might have told us that there are lots of issues and factors, but nobody will have told us on the record which of those are the most important. I respectfully put my question to you gentlemen, as you know far more about fish than I will ever know about them.
It is important to know a little bit about the ecology of the animal. Essentially, sea trout are just brown trout that go to sea. They spend the marine phase of their life in estuarine and coastal areas; they are not particularly wide ranging.
Sometimes we get hung up on what fishery management is about. In general, fishery management is environmental management. Colin Bean’s reflections on the options that a sea trout has in its life cycle are pertinent here. Where I am from—the Solway—the sea trout populations used to be rather healthier than they are at the moment. As Colin described, in general sea trout remain local to their natal rivers to a greater extent than salmon, which migrate to the Atlantic. That means that the area of search for problems to do with sea trout is often much more local. All the sea trout projects that Colin mentioned have targeted a range of improvement measures, which relate mostly to the physical environment in the river and the control of pollution, agricultural practice and so on in the catchments. The premise is that if we support and better manage the environment in which the fish live, they will do rather better.
Mention has been made of data and how it is collected. Data is obtained from rod and net catches and from counters. Rod and net catch data relies on people going out to fish, which may vary according to all sorts of things, such as the weather—mind you, most fishermen seem to go out when it is really wet. I am aware that the south of Scotland has quite a few counters, but how well covered is Scotland with counters? In my view, they might provide more accurate data on salmon and trout numbers.
There are few well-validated counters in Scotland, particularly in strategic locations. There is a big opportunity for fisheries management to increase that network. Once we have counters with absolute data, we can start to calibrate some of our other data sources, such as catch data. There is big potential for increasing the numbers of counters to improve our understanding of fish stocks.
Do you feel that we are not covered enough to get decent data from counters alone in Scotland?
At present, we are probably not.
To clarify that further, where there are counters and rod catching data, do those correlate well together?
The data correlate, but there is a lot of unexplained variation, too. The local variation is often quite important. For example, there might not be a simple linear correlation between counts and rod catches. If a particular fishery is starting to perform very well, a lot more people will fish on it than would otherwise be the case, and the effort increases. Such effects are quite important with regard to using the rod catch data in a broader context by calibrating it more effectively.
We move on to the state of the rivers, and favourable conditions and so on.
Good morning, gentlemen. We read that nine out of the 11 rivers that are designated as special areas of conservation in relation to salmon stocks are classified as unfavourable-recovering. It would be helpful if you could define that categorisation, explain what lies behind the stocks being in that condition and advise us of the presence of any salmon farms in those particular river systems.
That is probably a question for me. There are actually 17 SACs for salmon, not 11. We go through a process called site condition monitoring, which requires us to report to Europe on the condition of sites. For Atlantic salmon, we look at a number of different indicators in those sites. One such indicator is the production of juveniles, while others relate to the number of returning adults and water quality and quantity.
One presumes that you will learn lessons from that fresh and more substantive data and that best practice will be implemented on the two sites that are lagging behind.
Absolutely. We want best practice at all sites, regardless of whether they are in favourable or unfavourable condition. There are always improvements to be made. We are moving down that road with colleagues and other agencies. For example, through SEPA’s habitat restoration programmes, the removal of in-stream barriers and the opening up of areas that have not been accessible to spawning for many years mean that such areas are becoming more accessible. Improvements in water quality are being made through the water framework directive, too.
I pretty much agree with Dr Bean. A key point is the more inclusive engagement in what fisheries management is all about and whose responsibility that is. Sometimes in the past that has been a rather polarised issue, with salmon being seen as the sole responsibility of the district salmon fishery board. With things such as the water framework directive, there is a broader recognition of the range of mechanisms by which the environmental management—and therefore the effects on fisheries—can be improved. Dr Bean mentioned the removal of barriers to fish passage in which fisheries trusts and district salmon fishery boards are engaged in partnership with SEPA. That achieves objectives not only for the water framework directive, but for fisheries.
Quite a number of the 17 areas are in my constituency. Will you remind the committee how many of those are on the east, north and west coasts?
When we selected SACs in the late 1990s, the first three rivers were selected to maximise the largest populations in the Scottish suite. That encompassed the Tweed, the Tay and the Spey, which accounted for about 31 per cent of the total.
The Dee.
The Dee—thank you. There are a few on the west coast, however, including in the Western Isles and Wester Ross, as well as in the central belt, such as the Endrick, and further south in the Solway, such as the Bladnoch.
I am interested in why Helmsdale and the Strath of Kildonan are not among them.
The list predates me—but I am still a young lad. Not every site could be selected as an SAC; there had to be some rationale, and the criteria for selecting SACs are clearly set out in annex 3 of the habitats directive. Using the criteria of population size and density, conservation of habitat, isolation and range, and the global assessment, those were the sites that were selected. They were not selected simply by SNH at the time; there was a wider consultation. There are plenty of rivers that are equally as good as some of the SACs in that suite, but they are not included.
Thank you. That leads us to questions on the conservation of wild salmon and sea trout.
Good morning, gentlemen. We touched on conservation a little when Mr Sinclair mentioned the voluntary methods that are being used. Is all that could be done being done to manage the impact of rod-and-line fisheries? For example, why not make catch and release mandatory in all rivers or set longer close seasons for rod-and-line fishing, especially in the spring? What evidence is available of how many salmon survive being caught and released?
I do not know where to start. No one would ever say that we are doing all that we could on all occasions. I agree with the premise of the question. We could always do more.
In relation to salmon, we are referring to spring fish, whose stocks have been weaker and the number of catches of which has been lower than it has been historically. They have bucked the trend.
I do not know whether you answered fully the question whether there are any figures on the number of fish that survive after being released. I take it that there are no figures.
Such a question was asked in the mid-1990s, when catch and release applied to about 1 per cent of fish that were caught. As Callum Sinclair said, we have moved up to rates of 91 per cent for spring fish and about 73 per cent overall.
Would it be fair to say that you would support a longer close season for rod-and-line fishing? Would you support 100 per cent catch and release being made mandatory?
I think that we have to look at close seasons because, for example, climate change may mean that fish are on spawning areas at later times of the year than they would have been previously. Some salmon seasons start very early in the year, in January, when fish are still in the redds, so there may well be a case for amending the start and end of seasons. There is a good biological reason for doing that in some circumstances.
Perhaps I might clarify for Ms McDougall that we do not support a general change in the close season across the board, but if evidence identifies that a change is required and justified, clearly we should always have that option available if we are serious about conservation and better management.
Is it possible that catch and release gives an inflated perception of abundance, with fish being caught multiple times? How could multiple catching of the same fish by rod and line be recorded? Would any legislative change be needed to introduce such a practice?
My understanding is that rod catch statistics are widely used as a best indicator of what might be happening in fisheries. The problem is that fish that are captured and released might be captured again, which could inflate the rod catch. We are aware of that, and an adjustment can be made with some assumptions. It is important to understand that only a small percentage of those fish that come into a river are actually captured. Typically, throughout the year perhaps 10 per cent of salmon coming into a river might be captured by rods. For spring fish, the proportion is a bit higher and might be up at 20 per cent. If a fish is captured and released, it still has a one in 10 chance of being captured again, so the level of inflation is actually rather low. We have made adjustments to our trend figures to account for that inflation, but they do not make a difference to the general trends that we report.
So we already have that adjustment in the figures.
We can do that.
You can do that, or you already do that?
We do not routinely make an adjustment in the reported rod catch figures, but such adjustments are made in the information that we look at with ICES that feeds into the North Atlantic Salmon Conservation Organization.
Does the panel support the Royal Society of Edinburgh’s suggestion that there should be mandatory reporting of rod-and-line fishing effort for salmon and sea trout? You may give yes or no answers, if you like.
Yes.
Yes, if someone could come up with an effective way of assessing rod catch effort. The Marine Scotland science statements that I have read seem to confirm that no satisfactory practical means has been devised to obtain meaningful information. If someone could come up with a way in which we could have meaningful and useful information, I would say yes.
I can hardly give a yes or no answer after Callum Sinclair’s comment. It depends, I am afraid, on what sort of effort is being measured and how useful the information would be. If we spent a lot of money collecting data on effort that do not really help, we might be better putting in some counters or getting alternative information.
The bill proposes new powers for ministers to be able to change annual close times. Seemingly, ministers have not been able to do that in the past. Do the witnesses have any examples of rivers that would have benefited from ministers having the power to change annual close times in the past?
The only experience that we have of that is when district salmon fishery boards have requested it themselves, rather than the Government or ministers suggesting it. We know that some rivers, such as the Tay and the Dee, have looked to amend the start and close times of their seasons simply for the biological reasons that I explained earlier. I do not know whether anyone else has an answer.
You do not have to answer.
I do not think that we have any specific rivers in mind, which I think was Mr Hume’s question. If there is an evidence base for such an intervention, it would need to be very strong because of the potential consequences for the management system and how it is sustained.
Looking forward, I think that it would be sensible to be cautious. Spring stocks have been in serious decline and we need to be able to take action if there is clear evidence that it is necessary.
At present, it would be for the fishery boards to decide whether to change annual close times at the local level. Is that the existing mechanism?
The existing mechanism is that boards can apply to change annual close times, but Scottish ministers cannot impose a change. John Armstrong’s point is sensible and correct in that we do not have a crystal ball and there might well be situations in future in which ministers might want to be able to do that purely for conservation reasons.
Alex Fergusson wants to ask about the release of salmon for restocking.
I think that I am right to say that the power over the release of salmon for restocking largely lies with district salmon fishery boards but Scottish ministers have the right to issue the necessary regulations when there is no district salmon fishery board. The bill proposes to change that and give ministers the right to introduce regulations to authorise the release of salmon for restocking. What is wrong with the present system, if you think that it needs to be changed?
That is probably a question for me because we look after the SACs. District salmon fishery boards are the regulator, if you like, for their own stocking activities. That does not preclude them from applying to Scottish ministers to collect brood stock out of season. Obviously, the brood stock is needed to supply the hatcheries for restocking.
Thank you very much for that explanation. Coming from the south-west, I am aware of a situation in which the district salmon fishery board, as per your point, works very closely with the Galloway Fisheries Trust but conflict has arisen with an angling association which, with the blessing of the district salmon fishery board, is carrying out its own restocking programme. I think that what I am asking is whether you can restock too much—can you put too many fish back into a river?
Absolutely. I would hate to give members the impression that SNH is anti-stocking—it certainly is not. I think that we would all agree that stocking is a legitimate fisheries management tool that can be used in certain circumstances. If someone wanted to stock fish above a man-made barrier where natural spawning could not occur, such a move would be justifiable if fish had been lost through, for example, a pollution or other natural event. As I have said, we support stocking as a management tool, but district salmon fishery boards and others quite often look at stocking as the first tool in the box when they should really be trying to address the environmental issues that have led to the reduction in recruitment to stocks by, for example, removing a fish barrier or through some other habitat management prescription.
I am sorry to interrupt but, from what you have said, I imagine that the link between the district salmon fishery board and the trust, where it exists, is quite important.
It is extremely important.
As the representative of the 25 fishery trusts—and as someone who, as they say, lives in the parish—I know well the example that Mr Fergusson has highlighted. As Colin Bean has pointed out, stocking is very much seen as a first stop when it should be further down the line of fishery management prescriptions. I often describe it as selling hope to optimists. People who want to have more fish think that putting more fish in the river will give them that but they miss various basic start points. The fish that they use to stock the river came from it in the first place; they are not new fish.
I did not mean to highlight an example in my own parish alone. I take it that it is not unique and that such problems exist more widely in Scotland.
They may well do. However, the key issue is how we better inform stocking activity if it is to take place and how we better regulate its extent. There is certainly room for improvement in regulatory practice, in where and how advice is given to those who make regulatory decisions and in how visible those decisions are.
Is there any difference between the process or practice in releases that are authorised by the Scottish Government—which would be the case with all releases in future if the bill is enacted—and releases that are authorised by district salmon fishery boards?
We are assured that any release that Marine Scotland authorises will be done on the basis of the best scientific advice. That is fine.
I want to carry on the questioning about the different populations and their DNA. Earlier, we spoke about spring salmon and later salmon. Is there a genetic difference that explains when they come back or is there some other factor?
We believe that there is a genetic difference. There are different life history types, of course. There are fish that go to sea for a year and come back and there are fish that spend more than one year at sea and come back. They may also come back at different times of the year. There is a belief that the multi-sea winter fish, which are known as spring fish, tend to spawn higher up in the catchments and are spatially separated from other stock components. That is a very simplistic way of putting it. Our gaining of understanding of the genetics is an on-going science.
Some experiments have been conducted at the fisheries laboratory on the River Tay; fish have been stripped from upper and lower tributaries and the offspring have been reared in a middle tributary. When those fish grow up, they retain characteristics that are associated with where they came from. Those that came originally from the upper tributaries leave earlier as smolts than those from the lower tributaries. Similarly, they come back at different times. In effect, the fish in the upper tributaries are programmed to leave earlier so that they will arrive at the sea at about the same time, which is quite remarkable. If everything is mixed up in a hatchery, all that beautiful evolution goes back to square 1.
We have two or three more important questions to ask you, and we face something of a time limit. The next question—question 9—concerns mixed-stock fisheries and the impacts thereon of netting. Does Alex Fergusson wish to take that question?
I beg your pardon, convener. I am sure that I do—if I can find it.
It depends on how a mixed-stock fishery is defined. The nearer a fishery is to a river, the less mixed-stock it is likely to be, but it is possible to have mixed-stock fisheries even within a river. For example, we know that some fish that go into the River Conon stay there during the summer and then leave it in the autumn to go and spawn in the Alness and other rivers. In a sense, those fish will be exploited by the rod fishery in the River Conon. I am sure that there are lots of other rivers that are similar but, in general, the further a fishery is from a river, the more mixed-stock it is likely to be.
I like to think that I know a little about river fishing, but I know nothing about netting. To avoid netting having an impact on mixed fisheries, is it possible to move the netting operation closer to the mouth of a river to make it more specific, or is that not how things work?
I would be surprised if we have enough data to answer that with any confidence. As fish look for their home river, it seems that they explore various other rivers on the way back, so there is probably a bit of a highway going up and down the coast, with lots of fish from different rivers moving along it.
So, there is not a simple answer to the question.
I do not think that there is.
That would have been a lot to hope for.
I imagine that there are as many mixed-stock fisheries as you wish to count. It depends on the level to which you want to define the exploitation. There are mixed-stock fisheries within rivers. Colin Bean mentioned the populations in some of the major systems, such as the Tweed and Ettrick Water, which is famous for its spring fish. Ronald Campbell would argue that that major catchment in the Tweed sustains the whole spring fishery of the system.
Should district salmon fishery boards have a pre-emptive right to buy netting rights?
I do not know the answer to that.
Does nobody else have a comment?
Right. Next question.
I would welcome the panel’s view on the suggestion that net fisheries should be managed through days at sea under the auspices of inshore fisheries groups rather than by district salmon fishery boards. I am particularly interested in exploring the practical implications of such a move. For example, could the action of nets be appropriately monitored under such a set-up?
It is not an area that I have given a lot of thought to, to be honest. I suppose that you can see how coastal nets almost fit on the edge of two different systems—there is certainly that aspect. The nets and rods are exploiting the same species, which must have a consequence for management systems, but in rather different terrains. I cannot give a better answer than that.
The key point for us is that the nets are exploiting the same resource, so we need to find a way collectively to manage that resource. We would be concerned if different exploiters of a resource were to be dealt with in different places. We understand, and I am sure that the committee will be familiar with, some of the tensions in the dynamic between netting and angling operations or their proprietors. That tension in itself is unfortunate. A solution to the tension must be found that does not split management of the resource. In essence, they are catching the same fish so it would be unfortunate if we had two separate cycles of consideration of how we manage the system. My preference would be to retain the management in the same place.
How could those tensions be resolved?
That is a rather more difficult question. I am not sure what the answer is. At the end of the day, a lot of it is down to personalities and people. Given that people sometimes adopt positions that become entrenched and immoveable, we have to find a way to bring evidence to the table on the issues that we have talked about regarding mixed-stock fisheries. The key to factually driven and informed management decisions is evidence on the extent to which exploitation is happening and on where the fish are coming from and going back to.
In order to resolve those tensions, should there be a mediation mechanism? Is there among the netsmen a sense that they pay dues to the fishery board to fund it—in their view—to harass them? I appreciate that there are difficulties, but if we retain the current arrangement, how will we resolve such disputes?
I am not sure. In the consultation, we supported the idea of a mediation process, which might resolve such disputes. Clearly, the tensions are such that each side would believe that it has a justified position, so we need to find a way to crack that. Just saying “Well, carry on as you are, gentlemen” cannot be the answer. We certainly supported the proposition that there should be some sort of resolution process, but I think that the proposal has not been taken forward.
If there is an impasse between personalities, there may be a need for conflict resolution and mediation, but that has to be informed by the science. That comes back to John Armstrong’s point, which I think Callum Sinclair agrees with, about the need for a better understanding of what stocks are being exploited. The more important point here is probably the science, which should really drive the mediation.
The next question, on the effects of climate change, follows directly on from that.
Good morning to you all. On one of our committee trips, we saw a major programme of planting to provide shade to control water temperature. Dr Bean stressed earlier that none of us has a crystal ball, but can any of the panel comment on the possible effects of climate change on salmon and freshwater fisheries? How might the law need to change in response to climate change? Do you have any specific ideas about how the bill could be climate proofed? Possible changes in salmon spawning patterns have already been highlighted.
It is quite clear that climate change is a reality. In the worst-case climate change scenario of a rise of 3°C, we would need to look at how we manage fish across the board—not just Atlantic salmon. We have a number of species in Scotland that are essentially Arctic species—such as Arctic char and powan, which is an iconic species—that are more at home in the Arctic or in Europe’s northern climes. We need to consider not just the impact on salmon but on species of high conservation value across the board.
The current situation of higher mortality at sea is probably one of the early signs of climate change. The ability to take appropriate conservation measures where necessary is precisely what is required to combat the effects of climate change. We have touched on maintaining the genetic composition of stocks. It is important that we enable animals to evolve at a pace that allows them to keep up. Therefore, it is important that we look at stocking practices to ensure that we do not mess up the potential for that. Some of the proposals are precisely to deal with that sort of issue.
I concur that it is difficult to provide specific legislation on what to do about climate change, because it requires Wizard of Oz or Harry Potter-esque foresight to see what is going to happen next. The key point is that, as the committee perhaps saw when you visited the Dee, some practical protective measures are rather less sophisticated than might be imagined—for example, planting some trees.
Is it the case that some salmon fishery boards have in the past cut down trees near river banks?
That is possibly the case, although I could not point to any specific instances. Certainly under the old forestry practice, trees would have been planted right up to the water’s edge. There can, of course, be too much shade. The sort of planting that Ms Beamish talked about is deciduous woodland, which produces dappled shade. Another product of that type of woodland is that leaf litter goes into the stream, is broken down and eventually ends up as food for fish. There is a difference between commercial forestry and planting for habitat enhancement.
I was really alluding to another aspect, but I think that Callum Sinclair is going to come on to that.
I do not know whether I am. I might, if I get lucky.
I will not press you on that.
Good morning, gentlemen. The public like animals—we are a nation of dog lovers and cat lovers. We are also a nation of seal lovers. Will you comment on the reports that more than 240 seals have been shot outside fish farms? Fish farmers dislike seals—I am sure that they regard seals as being like the fox outside the coop. What effects do seal scarers have on seals, whales, dolphins and other animals?
There has been concern that inappropriate seal scarers can damage the hearing of cetaceans and even of seals. If a seal is made deaf, that does not solve the problem; it just no longer hears the seal scarer. Seal scarers emit a loud noise.
Should the use of such apparatus and devices be regulated?
Such devices should certainly be regulated if they impact on seal welfare in terms of deafness and so on. There is a case for ensuring that the tools that are used to deter seals are fit for purpose—that they ensure that seals go nowhere near fish farms but do not create a seal-welfare issue.
It is worth adding that, in the past decade, a lot of research—again funded by the Scottish Government—has looked at the relationship between wild fisheries and seals. That has been done more on the east coast than in aquaculture. The research has established that a very small proportion of the overall seal population tends to use rivers. The major conflict between seals and fisheries seems to relate to those individuals.
Should the Scottish ministers have the power to issue licences for killing seals?
Ministers have that power.
Should that continue?
That is for ministers to decide.
For clarity, what is the total population of the two types of seal that we have in Scotland?
I am sorry; I do not have that information in front of me, but I could provide it.
You could find it for us.
Yes—absolutely.
That information would be useful to our deliberations.
I welcome our second panel on the Aquaculture and Fisheries (Scotland) Bill, who are Simon McKelvey, director, Cromarty Firth Fishery Trust and Cromarty Firth Fishery Board; George Pullar, vice-chair, Salmon Net Fishing Association of Scotland; Ron Woods, policy officer, Scottish Federation for Coarse Angling; and Craig Campbell, chair, migratory fish committee, Scottish Anglers National Association.
It would be useful to review some of the output from that freshwater strategy working group and perhaps reconvene some of that working party, because that information could be informative.
What in particular would be informative?
One issue that was discussed was structures for fisheries management. At the time, we all agreed that, if we were to design such a structure for Scotland, we would not start where we were, but we have what we have. There was a move towards a unitary body that could cope with all freshwater species and not just salmon. In some areas, where a district salmon fishery board and a fishery trust work closely together, we are getting closer to that. Examples of where that works well include the Dee and the Tweed. There are examples of how fishery management in Scotland is evolving to be much more fit for purpose than it used to be, and it would be good to encourage that process.
Our view—we represent netsmen—is that management is broken and that things must change to bring the management into the 21st century.
I will explore that further.
I share the view that there is a need to review the structures. I was involved in various working groups subsequent to the salmon strategy task force review, none of which came up with an ideal solution, although all of them kicked about the issues and came up with proposals. There would be considerable benefit in doing further work.
What is the SANA view?
I concur with Mr Woods that it seems extraordinary that it is many years since the steering group of the freshwater fisheries forum met. It seems reasonable to take the issues forward through that medium in the first instance. One aspect of the fact that things are being put off to further work that I find disheartening relates to the specific proposals on dispute resolution and mediation.
My question is directed mainly at Mr Pullar, although I invite the other witnesses to contribute. What would be the advantages of managing net fisheries through a days at sea approach under the inshore fisheries groups? In practical terms, how would that happen? How could the work of the netsmen be monitored efficiently and appropriately?
Compliance officers already have authority to monitor us, as do the bailiffs in the fisheries district. Therefore, I do not think that compliance would be an issue under a days at sea approach. The operational aspect of days at sea is an important issue for us. We should be able to work round the weather and we should not have to go to sea just because the calendar says that we should.
Does anybody else want to contribute?
I agree that there can be problems with checking leaders and bringing in fish over the close time. However, the close time exists for a good purpose and has an important biological role. As the previous panel discussed, the separate populations of fish return back to river systems around the country—and even within river systems—at different times of the year. Having a close time allows some escapement throughout the season. If the close time were done away with, there could be heavy exploitation of some rare stocks that might not withstand that exploitation.
There is an in-built inefficiency in the salmon nets that are still on the go. The drift nets were closed down in Scotland in the 1960s, and I believe that the English are going the same way. It is a completely different type of fishery with an in-built inefficiency. The Government scientists did some research—in the 1970s, I think—that showed that the salmon avoid the nets with no problem whatever. There are now very few salmon nets in Scotland, so the conservation benefits are not the same as they used to be.
Claudia Beamish will explore that matter a little more.
I want to pursue a bit further the close time for fishing. As a complete layperson who has made only two fact-finding visits, I would like you to explain for the committee whether, rather than have a situation in which there are issues about getting the opportunity to take the nets out, there would be sense in having a section within each season—although I know that your season for spring fishing is closed, anyway—that you fished for a certain number of days, which it would be up to you to report. Or would that not be viable?
I do not think that that would be viable. We could stop in the third week of July—or any time—but who is to say that the weather would be bad or good then? We cannot predict what the weather will do. The forecasts are good, but they can be wrong, and sometimes completely wrong. We should just work on the basis of the environmental situation.
We will take that on board as evidence. We must move on to the subject of governance and I will bring in Angus MacDonald.
Thank you, convener.
I fully welcome the proposal for district fishery board meetings to be conducted with much more of a public element. In our region, we have tried to do that to a large extent. All the minutes—of not only the board meetings but the management committee meetings—are published online and are available to anyone.
Boards should be more accountable, open and transparent. In my experience, boards are run like cabals. A group on the board runs the show and other board members do not even know what is happening.
Does anyone else have a view?
I would like to make it quite clear that George Pullar’s experience is of a policy that is inimical to netting to the point of wanting it removed altogether. That is not the policy of the Scottish Anglers National Association. You can draw a clear blue line between us and the Salmon and Trout Association.
There are many rivers and many experiences. Does Ron Woods want to say something?
There is something that I would like to say if you will indulge me, convener, but I am not sure that it bears directly on the question.
I just want to pick up on Mr Pullar’s comments about vested interests. We received a submission from Beauly DSFB, which believes that it would be impractical to prevent members of the board who have financial interests in a matter from participating in decisions since
It is very important for people to know about DSFB members’ financial interests if they are affecting the management of the board. Everyone has a vested interest to some degree because everyone wants to catch the same fish. There are also financial interests. As I said, our chairman wears two hats. It is important that people know that such members have an interest, which does not necessarily have to be financial.
I should note that the ASFB’s code of good governance contains a section on this issue that makes it clear that any board member with a financial interest in a decision should make it known.
Picking up on a point that you made, Mr Pullar, I recall that when we visited Usan Salmon Fisheries you said that you would prefer management of the fishery to be transferred from the DSFB to a Scottish Government inshore fisheries group. Can you say a bit more about that?
Yes. This comes back to my earlier comment that the people who are currently managing the asset are those who are trying to put us out of business. For example, we found out yesterday that we have been fortunate in being awarded protected geographical indication status for Scottish wild salmon, which is a great accreditation for the industry. However, the ASFB and fishery boards all objected to the move. They are supposed to be representing us, and we give them revenue every year for that representation. We in Montrose are paying £5,350 per annum to people who are lobbying to put us out of business.
The ASFB has also expressed concern about the provisions for dealing with complaints. Are those provisions proportionate and would a statutory arbitration process help in that respect?
There has to be somewhere for netsmen to go to complain. As far as I can see, fishery boards are answerable to no one apart from the proprietors who voted them in in the first place. Given that no one governs them at the moment, it is important that the bill contains something to ensure that they are answerable.
An awful lot of these problems seem to relate directly to the problems that George Pullar faces in his own area, and I just do not think that the same is the case at a national level. I am not sure that we will get good legislation by dealing with an issue that has arisen in one area instead of dealing with the situation in the whole country.
Jim Hume has some questions on governance.
Thank you, convener. I will ask my questions in a slightly different order.
Why not? Bamboozle us.
I just think that it will allow my line of questioning to flow more naturally from Angus MacDonald’s questions.
I will say how we do that in our region.
It is already common practice for anglers to be co-opted on to district salmon fishery boards. I have had no complaints about that process.
I would have to differ on this. I recognise that the fishery management planning initiative that Simon McKelvey described is a positive step. However, I may be incorrect, but I do not recall the Scottish Federation for Coarse Angling, as the national governing body, or any of our individual member clubs having been consulted on fishery management plans in any of their areas. I may not be fully informed on that.
Could you check whether the SFCA has been consulted?
I will.
You could let us know in writing.
Yes.
I want to explore the SFCA’s views on the existing legislation. Are there any changes to the law that you would like to see implemented in the bill?
I have to say that I do not think that the bill does anything for coarse fishing or coarse fish. We raised a number of issues in our response to the consultation, none of which has been taken up in the bill, as yet. It is possible that they will be taken up in the next round of consideration of freshwater fishing management issues, although in our view there is actually a need for legislative change.
I would be interested to hear the panel’s views on how district salmon fishery boards should be funded. There has been a suggestion that they should be funded from retained catch, which might not please everyone.
We might have to consider the funding of fishery management in the round, rather than just boards. There is more to fishery management than just what the boards do when they exercise their statutory powers.
From a netsman’s point of view, I think that the funding that we give to the fishery board should be given to the Scottish Government, which could allocate it where it thought it would produce the most benefit.
In our submission, we have said that we are satisfied with the current method of funding district salmon fishery boards. We did that in the context of some rather odd replies to the Government’s consultation and the perceived unintended effect of part 5 of the bill of creating rod licensing. Since then, you have had a letter from Mr Cowan, which has been published, and we are satisfied that this is not a hazard.
Dick Lyle has a question about carcass tagging.
Several witnesses have supported the introduction of a carcass tagging scheme but stated that the details of the scheme should be included in the bill rather than introduced through secondary legislation. Those groups also want the scheme to involve numbered and recorded tags.
I fully support a carcass tagging scheme, which needs to be backed up by numbered and recorded tags. I agree that it should be for nets and for rods. To that end, within the Cromarty Firth region, we introduced a rod and line carcass tagging scheme last year. Initially, there was quite a bit of opposition from local angling clubs but, after one year of the trial, we have overall support from the angling clubs. One club has seen a doubling in the number of fish that are returned by the end of the season.
I see that George Pullar has some tags. I hope that he is not trying to tag me.
I promise that it is not electronic tagging. [Laughter.]
Many people have tried to stop me in the past, but I do not think that you are up to that.
I have given you the carcass tags that we use—we are in the third year of operating a pilot project in conjunction with the Scottish Government. We are absolutely delighted with the tags because they provide traceability, although that does not go right to the end user because, as soon as a fish’s head is cut off, that is the end of the traceability.
That is excellent. I am glad that you brought along the tags. What about the possibility of putting a barcode on tags? Do you know what I am talking about?
Yes—as in Tesco.
Yes—as in Asda, Tesco or whatever. I am sure that the information that is on the tag could wash off.
No—it does not. I think that the tags came from a company in Malaysia. They are security tags—they are basically unbreakable. Anything can be cut, and I suppose that the Chinese could copy anything if they wanted to, but the tags are the most secure that we could find. We put a lot of thought into getting them. They look relatively simple, but they are certainly effective.
The tags are certainly impressive.
Do you have a problem with numbered tagging or are you comfortable with it?
I am not comfortable with numbered tagging. It is unnecessary and it would be more work for netsmen. We have limited time to do anything during the season—we are running about and we are very busy. Numbered tags would be unnecessary.
In what way would numbered tagging be burdensome? What would it add to your work?
If records and logbooks had to be kept, that would take more time. We are dealing with salmon—it is a fish. I know of no other fish, apart from perhaps the odd sea bass, that has to be tagged. Going down the road of numbered tags would be over the top and unnecessary, because traceability back to where we are fishing is already available.
As an angler, I have experience of tagging because I have been a holder of a permit from Stirling Council. Tagging has been done, it works and none of us has found any great problem with it.
Let us move on—
Convener, may I just say one thing very briefly? Our catch details are verified, so there is no question about underdeclaring, as some people might try to make out.
We must move on to the issues of fish sampling, close times and conservation measures, on which there is quite a bit of evidence and which we have already partly discussed.
No.
No, but we feel that it is important to have evidence.
Should those powers apply to all fisheries, including net fishing and hatcheries?
Yes.
Yes, I would say so.
We have no interest in net fishing or hatcheries, so I have no locus to answer that.
Okay. Are the new powers for ministers over conservation measures, close times and the monitoring requirements for district salmon fishery boards necessary and proportionate?
I believe that they are. One quirk in the administration of salmon and sea trout fisheries in Scotland is that we have some missing links, because we have rivers without district salmon fishery boards. It is essential that the powers exist so that, in loco parentis, the Government can act like a district salmon fishery board. As was mentioned in the earlier evidence session today, ministers can currently act on the variation of close times only at the request of a district salmon fishery board. If there is no body that can make such a request, there is a problem.
I suggest that the powers should be used following consultation with the district salmon fishery board, because that local knowledge is very important when decisions are being arrived at.
Alex Fergusson has a further question on the issue.
This question also came up in the earlier evidence session, but I am interested to know your views too. Should district salmon fishery boards have a pre-emptive right to buy salmon netting rights? I probably have a fair idea of what some of your answers will be.
I would say absolutely not. Giving people a pre-emptive right would take us back to the dark ages. It might be fair enough in the case of crofting communities—perhaps I should not go down that road—but not with salmon netting.
That is a wise withdrawal, if I may say so.
I think that in some circumstances such a right would be justified. We are aware of netting stations that are used only as a front to launder fish. In some areas of Scotland, netting stations where, to the best of everyone’s knowledge, there is no boat or anything else are putting in returns.
Sorry, can you just repeat what you said there? I did not understand.
We have been given information that fish are going on to the market from some small netting stations that, to the best of everyone’s knowledge, have not been used for a number of years. I am sure that we could provide more information on that.
Surely tagging would take care of that.
Yes, a carcass tagging scheme would deal with that, too.
I did not ask this question earlier, but I should ask it now. Can we assure the success of special areas of conservation under the habitats directive if there are no powers for the Government to intervene by itself, rather than just at the behest of or in consultation with salmon fishery boards?
It really depends on the ways in which SACs might fail, as a number of remedial actions might need to be taken. Close times are one issue that might need to be looked at. The bigger management issues are probably outside the legislation’s scope.
That is helpful.
I think I was due to ask that question, but I am happy that we have covered it already.
If you are happy with that, we will move on.
The witnesses probably heard the previous panel’s comments on the management of fish stock introductions to rivers. The same question applies: should that be in the hands of ministers or is the current system okay?
I agree that the whole system could be improved and that there needs to be more consultation between Government and fishery trusts. Sound evidence and biological information need to be involved in any stocking or introduction programme.
Angus MacDonald has a question about charging.
It is more a point of clarification. SANA had some concerns regarding rod licensing in relation to section 50, which is on charging. Have those concerns been allayed? The Cabinet Secretary for Rural Affairs and the Environment announced last night that
Our concern did not arise from the initial consultation. When we read the initial consultation, we did not think that rod licensing was a possibility, but some of the other people who read it made that interpretation and liked it. We felt obliged to counter it, and the reassurances that we have had—particularly in the letter that you have received—have completely reassured us.
If anyone has any final points to make, they must be very brief.
I want to make just one very brief point about salmon fishery board governance. Until the beginning of 2011, it was part of the ASFB’s constitution to invite a member of the Salmon Net Fishing Association to be on its council. Since then, it has changed its constitution and removed that invitation. It invites the Atlantic Salmon Trust and the Salmon and Trout Association, so quite clearly it is nothing more than an angling lobby group now, as opposed to a group that represents all interests. I say “quite clearly” because it has removed the invitation to us from its constitution.
I missed out Ron Woods when he wanted to say something at one point.
I cannot recall that. Sorry.
Good. I am glad.
However, I want to say that we do not share SANA’s outright aversion to rod licensing. That is not to say that we favour rod licensing, but we believe that more money needs to be invested in fisheries management for freshwater species. We believe that it is not unreasonable that some of that money should be raised from anglers, although—I would say this, of course—we believe that some more public money would be useful. We think that how that money is raised should be a completely open question and that rod licensing should not be removed from the options at the outset. It is not necessarily the case that we favour it or would wish it to happen, but we do not share the deep-rooted aversion that SANA expresses.
Thank you very much.
No, I do not. I wish to raise an entirely different matter.
That would be very helpful indeed.
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