ALL WALES FISHING BYELAWS INQUIRY

1. ALL WALES FISHING BYELAWS INQUIRY Campaign for the Protection of Welsh Fisheries Presentation by Chris White

2. About the Campaign for the Protection of Welsh Fisheries • CPWF is a self funded voluntary organisation who have the support of approximately 20,000 anglers from all disciplines i.e. coarse/game/sea anglers cross Wales. • CPWF was formed due to high levels of poaching and the lack of enforcement officers on the river Clwyd and now works closely with Rivers Trusts on conservation • With the help of Mark Isherwood AM presentations were made at the SENNEDD resulting in EA(W) recognising CPWF and working closely with local fisheries officers • Since the formation of NRW the links and co-operation between CPWF and NRW have been broken

3. NASCO draft Implementation Plan 2019 to 2024 prepared by the EA and NRW section 2.7 states the following (Page 4) • The primary management objective is to ensure the conservation or restoration of the stock(s).   When new management measures are considered, socio-economic factors may be taken into account to influence the nature and balance of controls affecting different stakeholder groups and the rate of stock recovery that is planned (See Decision Structure (Annex 2)). • Consideration is also given, inter alia, to: • whether a proposed measure will have an unreasonable effect on someone’s livelihood (e.g. net fishing) or the value of their property (e.g. fishing rights); this may mean that it is necessary to reduce the impact of a conservation measure, for example by planning the recovery of the stock over a longer period; • whether one group of stakeholders will be unreasonably affected relative to another; where reductions in exploitation are required, the effects on netsmen and anglers should be equitable; • the effect of controls on the viability of commercial and recreational fisheries; for example, C&R controls will generally have a greater economic effect on commercial than recreational fisheries;

4. Test for proportionality • Proportionality in the context of UK Administrative Law requires: • the legislative objective is sufficiently important to justify limiting a fundamental right, • the measures designed to meet the legislative objective are rationally connected to it, and • the means used to impair the right are no more than is necessary to accomplish the objective. In proposing legislation which removes a fundamental right the above conditions must be met. Whilst (a) and (b) above are satisfied in the NRW proposed Byelaws there is considerable doubt about that the objective of reversing the decline in migratory fish stocks will be achieved by implementing the proposed Byelaws. This is recognised in the CEFAS paper presented by Ian Russell ref: NRW_4 in section 5.8 he says: “NRW note that the current levels of exploitation are not the primary cause of the current low abundance and that the proposed measures will thus result in relatively modest increases in spawner numbers, although accumulated benefits would be expected over time. …..” After 20 years of compulsory catch and release (C&R) until 16 June there has been little or no accumulated benefit for spring salmon. Extending C&R will achieve no measurable effect in turning around the decline in migratory fish stocks. The present voluntary controls according to NRW sees a pan Wales C&R figure of 86% with several rivers exceeding 90% by voluntary C&R

5. Failure of NRW to address the root cause of the decline in migratory fish Prior to the formation of NRW over the past 20 plus years the previous agencies (WNWDA/NRA/EA/EA(W)) responsible for the maintenance, improvement and development of fisheries have failed to address the decline in migratory fish stocks. With each change of agency name successive management changes has seen a reduction in both staff and funding for fisheries work. The Technical case used by NRW to support their byelaw proposals focuses purely on angler exploitation and ignores the root cause of the decline in migratory fish stocks. In river losses from egg to smolt are a primary cause of the decline as to few smolts are reaching the sea. Increasing the spawning stock by less than 2% will make little or no difference to the decline. We have produced a simplified diagram which demonstrates where the major losses occur, nothing in the NRW proposals address these.

6. From egg to sea and back 5,000 Salmon Spawning (50% hens) 95% Post smolt mortality at sea Rod mortality based 10% survival of released fish 4,426 Salmon survive to spawn 98.5% Juvenile mortality from egg to smolt due to diffuse pollution and predation Producing 10,000,000 eggs 4,507 Salmon survive to spawn with 100% C&R 10% In-River Mortality of rod caught fish (460) 10% In-River Mortality of rod caught fish (506) 25% Smolting Mortality Circa 99.5% In river losses 81 additional salmon spawn with 100% C& R Due to In-River Losses there is only a 1.5% survival rate from egg to smolts reaching the sea. 10% (506) caught by anglers at 80% C&R 4,658 to spawn 10% (506) caught by anglers at 100% C&R 5,063 to spawn Producing 150,000 Smolts 98.5% Juvenile Mortality 10% (562) die from natural causes leaving 5063 to spawn 95% Marine losses to predators (avian/fish/mammals) disease/sea lice from salmon farms, climatic factors and bye-catch 25% Losses to predators during smolt migration Circa 95% Marine Losses In-river mortality due to disease and stress this is a natural occurrence in all rivers Producing 5,625 returning adults 112,500 Smolts reach the sea

7. Objections to the NRW technical case (Pages 9 to 24) The model used to derive a stock-recruitment curve for each river assumes that juvenile production is at a ‘pristine’ level for that river type (i.e. is not affected by adverse water quality, degraded physical habitat, etc.). CPWF analysis of the accuracy of NRW 5 year forward stock status “predictions” of Welsh rivers in the four years from 2013 to 2016 shows that there has been a high level of inaccuracy, with only : 2013 - 41% correct, 2014 - 41% correct, 2015 - 27% correct, 2016 - 18% correct. From the draft NASCO Implementation Plan for the period 2019 – 2024 There are plans to review the current methodology for assessing salmon stocks, as well as the associated compliance scheme and decision structure, and to consider the need for possible improvements (see Section 2.8). The aim is to undertake this within the next three years; this Plan will be updated at that time, as necessary, to reflect changes.

8. From the draft NASCO Implementation Plan for the period 2019 – 2024 (Page 22)

9. Options for sustainable management (Page 25) could the objective be achieved in any other way, short of a byelaw? From 2010 anglers have progressively adopted voluntary Catch and Release Improvement in voluntary C&R on the River Dee from 2010 to 2017 NRW Acknowledges that pan Wales 86% of all salmon are returned voluntarily. Angling clubs and riparian owners are far better placed to impose restrictions on anglers – restrictions which they can and do enforce

10. Socio Economic Considerations (Page 25) Every river in Wales is Unique. There is a no ‘one size fits all solution’. The exemplar referred to by NRW is the River Wye and is not typical of the smaller spate rivers of North Wales. Bait fishing methods or spinning are the only practical way of fishing these small spate rivers

11. Evidence in support of our concerns (Page 26) In nature there are natural variances in the return of adult salmon depending on marine conditions. However, the graphs show a steep decline from around 1994 which was not transient i.e. there has been no recovery as happened in 1984 and the decline was not river specific. This has resulted in a lower mean average of rod catch returns from 1994 onwards in Welsh rivers. Ten years after the Irish drift net fishery was closed we are now seeing an upturn in the numbers of MWS salmon returning to our rivers.

12. Variability in numbers of salmon caught On North Wales rivers 1975 to2007 (Page 27) Is the decline from 1998 due to the Irish drift nets taking salmon destined for Welsh rivers? Could the present increase in multi sea winter salmon reflect a recovery since the Irish drift nets stopped working?

14. Adult migration in unmodified river estuaries • In the lower estuary: • Largely passive tidally directed movements occur • Residency varies from one tidal cycle to many weeks • Fish may hold station at suitable locations in the estuary • There is little effect on movement from fluctuations in river flow • In the upper estuary: • Active movement against the prevailing flow • Movement is largely independent of the tidal cycle • Movement is related to river flow • Adult migration in modified river estuaries • The majority of fish hold station below the barrage for extended periods • Many fish hold station in or near the plume from the fish pass • Increased exposure to seal predation occurs below the barrage • Migration across the barrage occurs during over-topping tides • The fish pass is infrequently used • Largely random movements occur in the impoundment above the barrage

15. Smolt migration in unmodified river estuaries • Movement is indicative of a nocturnal selective ebb tide transport pattern of migration • Movement involves passive seawards migration in the upper water columns • Migration in the lower estuary and coastal waters switches to active swimming, often against prevailing currents • Relatively rapid movement occurs under the cover of darkness • Migration into the marine environment occurs during a narrow ‘window of opportunity’ • Smolt migration in modified river estuaries • Fish exhibit increased residency within the lagoon (2 – 20 days) • Undirected movements and exploratory behaviour predominates in the impoundment • Increased exposure to avian predators during daylight hours occurs within impoundments • Difficulty in negotiating the barrage is apparent • Late entry into the marine environment is probable

16. Study Conclusions • The fish pass incorporated into the barrage was infrequently used • The barrage can act as a physical barrier to the movement of adults and smolts through the estuary and expose them for long periods of predation pressure • The barrage restricts passive tidal transport of adults and smolts • Both adults and smolts can be subjected to increased residency in the upper estuary, which exposes them to increased levels of contaminates that accumulate in the impoundment • The barrage reduces or removes related cues used by adult Atlantic salmon • Adults and smolts may be subjected to increased physiological stress when residing within the impoundment. In smolts this may reduce marine survival, and in adults this may reduce their fitness to spawn

17. Background to the use of the river classification model (Page 29) The river classification model was based on the transportation of a model developed for the river Bush in Northern Ireland, details of which can be found in an EA R&D Technical Report W65 with the title: The Transportation of the Maximum Gain Salmon Spawning Target from the River Bush (N.I) to England and Wales. Since the introduction of this river classification model we are not aware that the model has been validated for use on all rivers. • The model was developed on the river Bush in Northern Ireland • The developer of the model questioned whether this was transportable • The EA commissioned a report on the transportability of the methodology • Proposals to introduce a more accurate model which is transportable

18. Do catch and release and method restrictions work (Page 31) Fish which are not removed from the water stand a better chance of survival to spawning. Those who practice voluntary C&R rarely remove fish from the water. Introducing compulsory C&R may not increase the survival of fish caught due to poor handling. Modern worm fishing techniques does not necessarily result in deep hooking

19. Causes for the decline in salmon numbers (Page 33) There is no single cause for the decline in migratory fish The survival from egg through to smolt is estimated by Dr Graham Harris to be 0.4% (99.6% losses in the wild) this is based upon pristine water conditions. • The following are some of the major causes: • Poor water quality (acidification/hyporheic effects) • Barriers to migration • Agricultural pollution • Avian predation • Marine survival

20. Typical upland stream affected by hyporheic flow CC&GRT Electro fishing with Dr Nigel Milner

21. Effects of agricultural pollution (Page 35) Effect of Siltation on Salmon eggs

22. Effects of avian predation (Page 35)

23. 12 Goosanders on the Conwy

24. Tweed Foundation Effect of avian predation YouTube video – Ron Campbell

26. Effects of mammalian predation (Page 36)

27. Existing Byelaws (Page 36)

28. Enforcement of proposed legislation (Page 37) NRW has stated that, if legislation is introduced, anglers ‘will do the right thing’ but this is a bit like saying drivers will observe speed limits, some do but many don’t as there is little chance of being caught. Angling clubs/associations and riparian owners have far more control on the members who fish their waters. It is far easier to police rules and regulations for these organisations as they can ban anglers from their waters if they break the rules. This is a far greater deterrent than using the heavy hand of the law as the chances of being caught by an enforcement officer breaching the proposed byelaws is very small.

29. Restoration stocking (NRW introduced this) NRW claims that hatcheries are harmful due to dilution of the genetic pool. Many Welsh rivers have been stocked with eggs taken from other rivers, on the Dee eggs from the Rhine, Tweed and Frazer river in Canada. Following the outbreak of UDN in the 1970’s the river was also stocked with a verity of eggs from various Scottish rivers. For more than 50 years the Conwy was stocked with eggs from the Thurso in order to support commercial netting stations on the river. Conwy Valley Fisheries & Conservation Association (representing angling clubs and riparian owners on the Conwy) ran a small scale restocking scheme until stocking was banned by NRW. Initially up to 30% of the rod caught fish were identified from our stock ponds, this decreased as the off spring returned increasing the wild fish stock. The following slide is a salmon from the Llugwy smolt pond leading Pont-y-pair falls in the centre of Betws y Coed (Photograph courtesy of Wayne Shakell)

30. Afon Llugwy Salmon leaping Pont y Pair falls Betws y Coed