Proposed conservation measures to introduce
a licensing system for killing wild salmon in
Scotland
Strategic Environmental Assessment
Environmental Report
April 2015


Proposed Ban on Killing Wild Salmon Except Under Licence:
Screening and Scoping Report
Environmental Assessment Team
Planning and Architecture Division
Directorate for Local Government and Communities
Scottish Government
2
Table of Contents
1
Introduction ..................................................................................1
1.1 The Proposals
1.2 Strategic Environmental Assessment
1.3 Purpose and Structure of this Report
2
Proposed Conservation Measures to Introduce a Licensing
System for Killing Wild Salmon in Scotland ..............................2
2.1 Background
2.2 The Proposed Conservation Measures
3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
4
4.1
4.2
4.3
4.4
5
1
1
1
2
2
Approach To The Assessment ....................................................5
Purpose of the Assessment
Scope of the Proposed Conservation Measures to be Assessed
Scope of the Assessment
Assessment Methodology
Reasonable Alternatives
Assessment framework
Identifying monitoring proposals
5
5
5
7
7
7
8
Environmental Baseline: Policy Framework ..............................9
Introduction
Biodiversity, flora and fauna
Water
Material assets
9
9
9
9
Environmental Baseline: Biodiversity, Flora and Fauna .........10
5.1 Atlantic Salmon
10
Environmental Baseline......................................................................................... 10
Life Cycle ....................................................................................................... 10
Habitat requirements ...................................................................................... 13
Timing ............................................................................................................ 13
Migration Patterns .......................................................................................... 13
Abundance and Population Trends ..................................................................... 15
Monitoring ...................................................................................................... 15
North Atlantic (Southern European stock) ...................................................... 16
Scotland ......................................................................................................... 17
Salmon Rivers ................................................................................................ 23
Protected Status..................................................................................................... 23
Special Areas of Conservation.............................................................................. 24
Existing Environmental Problems ........................................................................ 28
Introduction .................................................................................................... 28
Exploitation by marine, coastal and freshwater fisheries ................................... 28
Mixed stock fisheries ...................................................................................... 30
Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland
Environmental Report
Climate Change ............................................................................................ 31
Availability of Food ......................................................................................... 32
Bycatch .......................................................................................................... 32
Inadequate water quality ................................................................................ 32
Physical degradation of spawning and nursery habitat .................................. 33
Reductions in flow .......................................................................................... 33
Physical barriers to migration ......................................................................... 35
Introduction of non-native invasive species .................................................... 37
Effects of aquaculture .................................................................................... 37
Future Pressures: Offshore energy ................................................................ 39
Future Pressures: Re-introduction of Eurasian beaver to Scotland................ 39
5.2 Freshwater pearl mussels
39
5.3 Other species
40
6
7
Environmental Baseline: Water ................................................. 42
Environmental Baseline: Material Assets.................................46
Introduction ............................................................................................................ 46
Salmon Fishing Rights .......................................................................................... 46
Methods of Salmon Fishing................................................................................... 46
Net Fisheries .................................................................................................. 47
Rod and Line Fisheries .................................................................................. 49
Economic value of salmon fishing........................................................................ 49
Cultural Heritage Values ........................................................................................ 51
8
Results of the SEA .....................................................................52
8.1
8.2
8.3
8.4
9
10
11
12
Biodiversity, flora and fauna
Water
Material Assets
Cumulative Effects
52
52
53
53
Next Steps .................................................................................. 54
Glossary...................................................................................... 55
References .................................................................................. 56
Appendix I: Environmental Protection Objectives ................... 59
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1
Introduction
1.1
The Proposals
1.1.1
Scottish Ministers are currently consulting on proposed conservation
measures to introduce a licensing system for killing wild salmon in Scotland.
1.2
Strategic Environmental Assessment
1.2.1
The Environmental Assessment (Scotland) Act 2005 (“the Act”) requires that
public plans, programmes and strategies be assessed for their potential
effects on the environment. SEA is the process used to fulfill this
requirement, and includes consultation with the public and organisations with
responsibility for the environment. The work to deliver the proposed
conservation measures falls under Section 5(4) of the Act.
1.2.2
Screening of the proposed conservation measures was undertaken in
December 2014, and Marine Scotland determined, as the Responsible
Authority, that the proposal has the potential to give rise to significant
environmental effects. In consequence, it was determined that SEA would
be undertaken. A scoping exercise was also carried out in December 2014.
1.3
Purpose and Structure of this Report
1.3.1
The purpose of this Environmental Report is to set out the results of the
SEA. The views of the public and the Consultation Authorities on the
findings of this report are now sought.
1.3.2
The remainder of this report is structured as follows:

Following this introductory section (Section 1), Section 2 introduces the
proposed conservation measures, including their legislative and policy
context.

Section 3 sets out the approach to the assessment and methods used.

Section 4 provides overview information on the policy framework relevant
to the environmental baseline

Section 5 describes the baseline environment for biodiversity, including a
description of existing pressures. Baseline environmental information,
including existing pressures, for water and material assets is provided in
Sections 6 and 7 respectively.

Section 8 sets out the results of the SEA.

Section 9 provides information about the next steps.

The glossary and references are included in Sections 10 and 11.

Supporting information is provided in Appendix 1.
1.3.3
The Non-Technical Summary is published as a separate document.
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2
Proposed Conservation Measures to
Introduce a Licensing System for Killing Wild
Salmon in Scotland
2.1
Background
2.1.1
The report of the independent Review of Wild Fisheries (WFR)1 , published
in October 2014, makes 53 wide-ranging recommendations for change to the
management system for wild fisheries in Scotland. The Scottish
Government has committed in One Scotland – the Government’s
Programme for Scotland 2014-152 to consult in Spring 2015 on broad policy
options for a new fisheries management system followed by further
consultation on a draft wild fisheries bill before the end of the Parliamentary
session.
2.1.2
Atlantic salmon is an Annex II and Annex V species under Council Directive
92/43/EEC (the Habitats Directive). The WFR report recommended that, in
advance of consideration of the broader reform agenda for wild fisheries,
Scottish Ministers take immediate action to conserve wild Atlantic salmon
(Salmo salar) by introducing, as soon as practicable, a ban on killing except
under licence, accompanying regulations on fishing equipment and the use
of carcass tagging as a tool to ensure compliance with the licensing regime.
2.1.3
A consultation document was published on 6 February 20152, seeking views
on this proposed package of conservation measures. Wider issues on the
policy and future management framework for wild fisheries will be
considered in the forthcoming consultation to be published in spring 2015.
2.1.4
The proposed conservation measures will apply to Scotland, which for
fishery management purposes includes both the Scottish and English parts
of the River Tweed. The measures will not apply to the Upper Border Esk,
which is managed by the Environment Agency. The measures will be
delivered by secondary legislation, i.e. Scottish Statutory Instruments under
the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003
and Orders under the Scotland Act 1998 (River Tweed) Order 2006.
2.2
The Proposed Conservation Measures
2.2.1
The proposed conservation measures comprise:

Prohibiting the taking of wild salmon – by any method – except under
licence from Scottish Ministers. This would take the form of a
conservation measure under Section 38 of the Salmon & Freshwater
Fisheries (Consolidation) (Scotland) Act 2003 and Article 54 of The
Scotland Act 1998 (River Tweed) Order 2006.
1
Thin et al (2014); Recommendation 34.
Available at http://www.gov.scot/Consultations/Current and
http://www.gov.scot/Topics/marine/Salmon-Trout-Coarse
2
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

Specifying the equipment which would be prohibited when fishing by rod
and line. This would take the form of conservation measures under
Section 38 of the 2003 Act and Article 54 of the Tweed Order.
Making a carcass tagging scheme in support of the licensing system.
This would take the form of Regulations under Section 21A of the 2003
Act and the new Article 43a of the Tweed Order.
2.2.2
Key facts about the proposed conservation measures are summarised in
Table 1.
2.2.3
The policy context for the proposed conservation measures is illustrated in
Figure 1. This policy context includes:

European and international legislation/conventions that set out
obligations for the management of salmon fisheries;

the Scottish policy framework, comprising both legislation and policy, that
applies to freshwater fisheries in Scotland;

other Scottish Government policies and/or activities that have relevance
for freshwater fisheries; and

evidence that supports the policy framework.
Table 1. Key Facts About the Proposed Conservation Measures
Responsible Authority
Title
Purpose
Drivers
Subject
Period covered
Frequency of updates
Area covered
Nature/ content
Are there proposed
objectives?
Are copies attached?
Date
Contact
1 April 2015
Scottish Ministers
Proposed Conservation Measures to Introduce a Licensing
System for Killing Wild Salmon in Scotland
Salmon conservation
Wild Fisheries Review; Habitats Directive
Salmon conservation
2016 onwards
As required
Scotland, including cross-border management area of the River
Tweed (i.e. coastline between Cockburnspath and Holy Island).
Upper Border Esk is excluded.
The proposed conservation measures would prohibit the killing of
wild salmon by any method except under licence; introduce
carcass tagging as an enforcement tool; and prohibit the use of
certain baits and lures in catch and release salmon fisheries.
Yes – see consultation document
No
March 2015
Amanda Chisholm, Environmental Assessment Team
2H South
Victoria Quay, Edinburgh EH6 6QQ
tel. 0131 244 7806
email: amanda.chisholm@scotland.gsi.gov.uk
Jeff Gibbons, Marine Scotland
1B North
Victoria Quay, Edinburgh EH6 6QQ
tel: 0131 244 6066
email: jeff.gibbons@scotland.gsi.gov.uk
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Proposed Conservation Measures: Policy Context
Aquaculture & Fisheries
(Scotland) Act 2013
The Scotland Act 1998 (River
Tweed) Order 2006
The Scotland Act 1998 (Border
Rivers) Order 1999
Marine Scotland Science
Report 3/14 “Status of
Scottish Salmon and Sea
Trout Stocks 2013” (2014)
A Strategic Framework for
Scottish Freshwater Fisheries
(2008)
National Marine Plan
Salmon and Freshwater
Fisheries (Consolidation)
(Scotland) Act 2003
Conservation of Salmon
(Annual Close Time and Catch
and Release)(Scotland)
Regulations 2014
Proposed Ban on Killing Wild
Salmon Except Under Licence
SG policy agendas/activities: Land
Reform; Biodiversity Strategy; River
Basin Management Planning
Directive 2000/60/EC
Water Framework Directive
Directive 2008/56/EC
Marine Strategy Framework
Directive 1992/43/EEC
Habitats Directive
Convention for the
Conservation of Salmon in
the North Atlantic Ocean
(NASCO)
Wild Fisheries Review (2014)
Report of the Scottish Mixed Stock
Salmon Fisheries Working Group
1 April 2015
(2010)
One Scotland: The
Government’s Programme for
Scotland
2014-15
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Approach To The Assessment
3.1
Purpose of the Assessment
3.1.1
The SEA’s purpose is to assess the potential environmental effects of the
proposed conservation measures. It is not intended to assess the measures’
scientific or conservation effectiveness. A Business and Regulatory Impact
Assessment (BRIA) will be undertaken to assess socio-economic impacts,
and will support the laying of the SSIs before the Scottish Parliament.
3.2
Scope of the Proposed Conservation Measures to be
Assessed
3.2.1
The SEA has assessed the proposed conservation measures.
3.2.2
The proposed measures would apply to all salmon fisheries undertaken in
Scotland and in the English component of the River Tweed. They would not
apply to the Upper Border Esk which is managed by the Environment
Agency. The measures would apply to fishing for salmon by both rod and
line and by net.
3.2.3
The intention is that the licensing system and associated regulations
regarding carcass tagging and baits and lures would come into force in time
for the start of the 2016 salmon fishing season.
3.3
Scope of the Assessment
3.3.1
The proposed measures would apply to activities in Scottish inland waters
and out to 12 nautical miles. This has set the geographic scope of the
assessment. For the purposes of this SEA and in accordance with salmon
fishery management legislation, the area of England within the governance
of the River Tweed Commissioners will be treated as if it is in Scotland.
3.3.2
An initial review of the environmental topics set out in Schedule 3 of the
Environmental Assessment (Scotland) Act 2005 suggested that potential
effects would be focused on: biodiversity, flora and fauna; the ecological
status of water bodies; and material assets, in terms of salmon fishing (both
nets and angling).
3.3.3
The scoping report sought advice as to whether cultural heritage should be
included in the SEA. In their scoping response, Historic Scotland noted that
they were content that the historic environment be scoped out of the SEA.
3.3.4
The resulting scope of the environmental topics used in the SEA, considered
in light of the consultation responses, is provided in Table 3.1. The
ecological status of water bodies is included under “biodiversity”; the
rationale is provided in Table 3.1. In their scoping response, SEPA noted
that they were content with this approach.
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Table 3.1
Scoping In / Out of SEA Topics
SEA Topic
Biodiversity,
flora and fauna
In/out
In
Population
and
Human health
Out
Soil and
Geology
Out
Out
Water quality,
Out
resources,
ecological status
In
Air
and
Climatic factors
Out
Material assets:
salmon fishing
In
Cultural heritage
Out
Landscape/
seascape
Out
Reasons for inclusion / exclusion
The measures are proposed to support the conservation of
Atlantic salmon; they are likely to directly affect Atlantic salmon
and may indirectly affect other species. This topic is scoped into
the SEA.
The proposed measures would not result in changes to air,
noise, water quality, or land quality (contamination) and thus
would not affect human health. They would not result in e.g.
significant increases and/or decreases in human population
numbers, changes to in- or out-migration, etc. These topics are
scoped out of the SEA.
The proposed measures would not result in increased waste or
contaminated discharges to soil, and would not affect the quality
of existing soil and/or geological features. These topics are
scoped out of the SEA.
The proposed measures would not result in increased discharges
to the aquatic environment, nor would they require increased/
decreased water consumption. These topics are scoped out.
The proposed measures are likely to affect the ecological status
of water bodies, through their potential benefit to Atlantic salmon
populations. Ecological status is therefore scoped into the SEA.
This topic is assessed and reported under “biodiversity”, in the
interests of proportionality.
The proposed measures would not result in increased/
decreased atmospheric emissions, increased/ decreased
emissions of greenhouse gases, or the provision of adaptive
measures. These topics are scoped out of the SEA.
Salmon fishing, both netting and angling, rely on the quality and
resources of the natural environment, and are therefore scoped
into the SEA.
Other uses of / activities in the aquatic environment are unlikely
to be affected by the proposed measures, as they do not rely on
salmon populations, and are scoped out.
Salmon fishing is recognised as an historic activity in Scotland3.
Relevant historic environment features, both scheduled
monuments and listed buildings, include fish traps, ponds,
stations, smoking houses and wrecks of fishing boats. The
proposed measures would not affect such features, as it would
not require infrastructure and/or activities that could affect their
site and/or setting. This topic is scoped out of the SEA.
Any effects on salmon fishing, a traditional activity in Scotland,
are assessed and reported under “material assets”.
The proposed measures would not affect landscape and/or
seascape, as they would not require infrastructure and/or
activities that could improve or detract from these resources.
These topics are scoped out of the SEA.
3
for example, see SNH web pages on Atlantic salmon at http://www.snh.org.uk/publications/online/NaturallyScottish/riverrunners/atlanticsalmon.asp
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3.3.5
The quality and resources of the natural environment are material assets on
which the salmon fishing industry, both netting and angling, relies. Material
assets are therefore scoped into the SEA. The cultural heritage issues
associated with salmon fishing are also discussed under “material assets”;
historic environment assets such as listed buildings have been scoped out
(paragraph 3.3.3).
3.4
Assessment Methodology
3.4.1
The proposed measures have been assessed using the SEA objectives set
out in Table 3.2. These were developed on the basis of the initial review of
the existing environment and the environmental protection objectives
(Section 4; Appendix I).
3.5
Reasonable Alternatives
3.5.1
The SEA has assessed the reasonable alternatives identified through the
process of developing the proposed measures.
3.5.2
No alternatives have been identified as mitigation measures.
Table 3.2
SEA Objectives
SEA Topics
Biodiversity,
flora and
fauna; Water
Material
Assets
Will the proposed conservation measures …

safeguard aquatic ecosystems, including species and habitats,
and their interactions?

maintain or work towards good ecological status?

maintain the environmental quality and resources which support
economic activities?
3.6
Assessment framework
3.6.1
The results of the assessment are reported in Section 8 as a summarised
narrative. The reporting of the results has been structured by environmental
factor and the SEA objectives. The narrative includes, as appropriate:

the results of the appraisal of the proposed measures;

the results of the assessment of potential cumulative effects ; and

proposed mitigation and residual effects, where appropriate.
3.6.2
The effects have been assessed using the categories set out in Table 3.3.
3.6.3
The scoping report proposed to use the assessment matrix set out in Table
3.4. However, given the nature of the effects, it has proved more
proportionate to use the summarised narrative described in paragraph 3.6.1.
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Table 3.3
Assessment Categories
Work against SA objectives
Neutral/ no change
Mixed effects
Promote SA objectives
Uncertain
Table 3.4
Assessment Matrix
Environmental Topics
Water quality
Material assets
Proposed
measure
Biodiversity, flora
& fauna

positive and/or adverse effects

potential mitigation and/or
enhancement


positive and/or adverse effects
potential mitigation and/or
enhancement
3.7
Identifying monitoring proposals
3.7.1
Monitoring proposals will focus on the significant environmental effects
identified in Section 8. Where possible, existing data sources and indicators
will be linked with relevant indicators, to minimise resourcing requirements
for additional data collection.
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4
Environmental Baseline: Policy Framework
4.1
Introduction
4.1.1
The Environmental Assessment (Scotland) Act 2005 requires responsible
authorities to identify the broader policy context and the environmental
protection objectives relevant to the plan, programme or strategy that is
being assessed. The policy context for the development of the proposed
measures is described in Section 2; this section sets out broader
environmental policy. It is this environmental policy that underlies the
environmental protection objectives detailed in Appendix 1.
4.1.2
The focus of this section is on the environmental protection objectives
relevant to the environmental topics that have been scoped into the SEA.
4.2
Biodiversity, flora and fauna
4.2.1
The international context sets the framework for the conservation, protection
and sustainable use of biodiversity, flora and fauna. In relation to the
terrestrial, coastal and marine environments, this includes (but is not limited
to) planning for sustainable fisheries and mariculture, the protection of
migratory species, including Atlantic salmon, protection of coastal wetland
habitats, and management of invasive non-native species.
4.2.2
There is strong emphasis on an ecosystems approach to managing and
restoring terrestrial, coastal and marine environments. Protected sites as
part of the Natura 2000 network also form a key component of the protection
of fauna and flora. European and Scottish policy reflect the objectives of an
ecosystems approach. Building resilience to climate change is also a crosscutting theme.
4.3
Water
4.3.1
There are numerous provisions for the protection of the water environment at
an international, European and national level. There is a strong positive
framework for improving both water quality and ecological status in rivers
and coastal areas.
4.4
Material assets
4.4.1
River and coastal systems, as well as the wider marine environment, support
wild salmon fisheries, as well as finfish and shellfish aquaculture. Managing
freshwater fisheries is a complex area which interacts with the biodiversity,
flora and fauna policy framework. Conservation and the precautionary
principle are the main elements behind the international policy framework.
4.4.2
Within Scotland, salmon and freshwater fishing practices are also regulated
through a combination of spatial, temporal and gear restrictions with the
objective of protecting stocks. Aquaculture is also a highly regulated area
reflecting the key issues of sea lice and escapes of farmed fish.
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5
Environmental Baseline: Biodiversity, Flora
and Fauna
5.1
Atlantic Salmon4
Environmental Baseline
Life Cycle5
5.1.1
Atlantic salmon (Salmo salar) is an anadromous species, i.e. fish that live in
fresh water as juveniles and migrate to sea before returning to spawn in
fresh water as adults. Atlantic salmon are widely distributed in and spawn in
rivers and streams throughout Scotland (Figure 5.1).
5.1.2
The lifecycle of Atlantic salmon is illustrated in Figure 5.2. Eggs are laid and
fertilised in redds (one or a cluster of nests in the river bed) between midOctober and late February; they remain in the redds until they hatch in early
spring. Once hatched, the juveniles (“alevins”) remain in the river gravels for
four-six weeks, living on the contents of their yolk sacs. As these become
depleted, fish emerge into the water column (as “fry”) where they learn to
feed. As they develop they become known as “parr”. Some male parr
spawn and die having completed their life cycle in fresh water. Other parr
(including some males that have spawned previously) and nearly all females
grow to about 10cm in length and then undergo a range of morphological
and physiological changes to become “smolts”.
5.1.3
The amount of time spent in rivers varies, depending on water temperature
and food supply. In general, one-year old smolts are more common in
Scotland’s southern rivers. In Scotland’s northern rivers, smolts may be as
old as five years.
5.1.4
It is as smolts that they move down rivers, to enter the sea in April, May and
June. From here they migrate to the northern oceans where they grow
relatively quickly.
5.1.5
Individuals remain at sea for differing periods before returning to the Scottish
coast. Some spend one winter at sea, mature to the spawning stage, and
then return (“grilse”). Others spend more than one winter at sea, sometimes
as many as four (“multi-sea winter” salmon).
5.1.6
On their return to the coast, most salmon enter their natal rivers and it is
here that they spawn. (Homing is not 100% : some enter non-natal rivers 6).
After spawning, most salmon die but some return to sea as “kelts” where
they regain condition and return to spawn again.
This section is based on information provided on: Marine Scotland’s website on “Salmon Biology
and Life Cycle” Available at: http://www.scotland.gov.uk/Topics/marine/marineenvironment/species/fish/freshwater/salmon; SNH website: salmon: http://www.snh.gov.uk/aboutscotlands-nature/species/fish/freshwater-fish/salmon/; Crawley (2010); OSPAR (2010)
5 information from SNH website; Atlantic Salmon Trust http://www.atlanticsalmontrust.org/learningzone/index.html; Robertson (2013); Marine Scotland website
6 OSPAR (2010), p.6.
4
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Distribution of Atlantic salmon in Scottish rivers7
7
Source: Malcolm et al (2010), p 3.
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Atlantic salmon life cycle 8 9
post-smolts (from April/
May until 1 sea winter)
adult salmon (after
1 sea winter)
grilse: 1 sea winter
return May-September
feeding
migration
multi-sea winter salmon:
2-3-4 sea winters
return throughout the year
enter the sea
April/May
MARINE
FRESH
WATER
parr reach 12-24 cm  smolts
parr grow for up to 4 years
after ~ 1 year,
fry reach 5-8 cm  parr
alevins emerge from riverbed gravels
4-6 weeks after hatching
8
9
some survive
spawning and return
to sea to spawn
again
eggs hatch in early spring
spawning from mid-October to late February
after NASCO (http://www.nasco.int/atlanticsalmon.html); illustration credited to Atlantic Salmon Trust and Robin Ade
Information taken from Atlantic Salmon Trust (http://www.atlanticsalmontrust.org/learning-zone/index.html), SNH website and Robertson (2013).
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Habitat requirements10
5.1.7
The following freshwater habitat is required to support productive salmon
populations:

clean well-oxygenated river gravels for spawning;

rivers with good water quality, coarse boulder / cobble / pebble substrates
for fry and parr;

abundant supply of invertebrate prey from the river, augmented by that
from surrounding terrestrial habitats; and

unimpeded access to and from the sea.
5.1.8
Marine habitat required to support salmon populations comprises: nutrientrich, cold water habitat supporting abundant plankton, especially krill, squid
and small fish (e.g. sandeels, sprats, anchovies).
Timing
5.1.9
Spawning can occur from mid-October to late February, depending on the
individual river (Robertson, 2013, p. 308). However, salmon enter rivers
throughout the year. Some will enter fresh water up to 12 months prior to
spawning (Crawley, 2010, p. 15).
5.1.10 Salmon generally home to the areas where they reared in fresh water and as
a consequence they form geographically localised breeding groups that may
evolve biological characteristics that are adapted to their specific local
environment. The timing of salmon “runs”, i.e. when they enter fresh water,
is one such characteristic and is a continuum, with salmon entering Scottish
rivers throughout the year. Of particular note are spring salmon, which are
multi sea winter fish entering rivers during the spring months. Returns of
salmon during the spring months are currently at historically low levels.
During the later part of the year both multi and one sea winter fish will be
entering rivers. Scottish salmon stocks are generally categorised in terms of
spring, summer and autumn stocks.
5.1.11 Run timing may vary from year to year. However, it appears that earlier upriver migration tends to be associated with spawning at higher altitudes11.
5.1.12 Although a small number of west coast rivers produce early-running MSW
salmon, the majority of the fish returning to these rivers are grilse. In many
of the smaller west coast rivers, the timing of entry may be constrained by
river flows – entry may be more restricted to periods when river discharge is
sufficient to permit entry and ascent.12
Migration Patterns
5.1.13 Relatively little is known about the migration pathways of salmon, both of
post-smolts on their feeding migration to the ocean and those of adult
salmon returning to their home rivers in Scotland. The information available
focuses on, firstly, migration in the ocean and, secondly, on migration along
coasts and up rivers. Little is known about the phase of migration between
locating the home land mass and entering rivers (Malcolm et al, 2010, p. 4)
10
Rivers and Fisheries Trusts of Scotland (2014), p. 12.
Marine Scotland Science (2014a), p.1.
12 NASCO (2006), p. 2.
11
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although recent work (Godfrey et al, 2014) has elucidated the depth
distributions of salmon tagged with satellite transmitters.
5.1.14 Tagged Scottish salmon have been observed fisheries as far east as the
Faroe Islands and as far west as Labrador (e.g. the Davis Strait)13. It is
known that post-smolts and adult salmon either pass through or make use of
areas around West Greenland, East Greenland and the Faroe Islands
(Malcolm et al, 2010, p. 11). (Evidence to date indicates that the Norwegian
coast is not an important location for Scottish salmon.) It is possible that
Scottish salmon head for Faroe and then West Greenland, via East
Greenland (Figure 5.3):

In the waters around the Faroe Islands, both 1SW and MSW salmon are
present, depending on the area and the time of year.

The waters around East Greenland contain MSW salmon at some times.

Evidence suggests that some MSW fish use the area around West
Greenland for feeding. (NASCO evidence is that salmon from southern
European stocks are primarily (>90%) 1SW non-maturing salmon
destined to mature as either 2SW or 3SW salmon.14)
Little is known about the migratory behaviour and feeding locations of fish
that return to Scotland at the 1SW (grilse stage).
5.1.15 Malcolm et al (2010, p.12) consider that, in light of this information, both
grilse and MSW fish return to the Scottish coasts from predominantly
northerly and westerly directions. They then move along the coast to reach
their natal rivers.
5.1.16 Recent research on swimming depths (Godfrey et al, 2014) shows that
salmon tend to use the full extent of the water column available. Individual
behaviour varies considerably. Salmon were observed to use the first five or
ten metres below the surface most of the time, but also went to depths
greater than 20 metres (6-9% of the time) or performed deep dives (13-118
m below the surface). Depths used differed depending on the time of day: in
general, salmon swam 0.5 m deeper at night.
13
14
http://www.gov.scot/Topics/marine/marine-environment/species/fish/freshwater/salmon
NASCO. May 2014. Report of the ICES Advisory Committee. CNL(14)8. p. 20.
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Generalised marine migration patterns of Atlantic salmon in the
North Atlantic (derived largely from tag recoveries by fisheries)15
Abundance and Population Trends 16
Monitoring
5.1.17 The abundance of Atlantic salmon stocks in Scotland is generally estimated
using reported catch data, in conjunction with data from fish counters and
fish traps. Reported catch data includes that submitted by both net and rod
fisheries; national collection of this type of data began in 1952.
5.1.18 Marine Scotland Science operates three fish counters across Scotland:

one on the North Esk, at Logie on the main-stem river, which has been in
operation since 1981;

one on the North Esk at Westwater, on a major tributary of the river,
which has been in operation since 1991; and

one on the River Helmsdale (in collaboration with the Helmsdale District
Salmon Fisheries Board), which has been in operation since 2001.
5.1.19 Marine Scotland Science operates two fish traps on upper tributaries of the
Aberdeenshire Dee – the Girnock and Baddoch Burns.
5.1.20 Each of these methods has different strengths and weaknesses as indices of
stock abundance17:

Rod catch data provide broad geographic coverage and a long-term
perspective of numbers of returning adult salmon, but not a direct
measure of abundance nor the level at which returning numbers affect
freshwater production of smolts. The data can be affected by the amount
15
Source: Atlantic Salmon Federation website, http://www.oldsalmon.ca/media.php.
This section is based on information from NASCO (2006).
17 Marine Scotland Science (2014) pp. 9-10.
16
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

of effort, river flow18 and fishing efficiency, and also by catch and release
(see paragraph 5.1.52).
Counters provide a catch-independent method of assessing adult returns
and, potentially, a direct measure of abundance of returning adults.
However, counters do not currently provide broad spatial coverage and
cannot be used on their own to derive spawning targets, since this
process requires additional biological data and sampling support.
Scotland is currently working towards the planning of a strategic fish
counter network19.
Fixed traps are also a useful catch-independent metric of adult returns
and in some circumstances can be used to place returner numbers in the
context of those required to maintain freshwater salmon production at a
particular critical level. However, fixed traps are expensive to operate
and thus cannot provide the large scale geographic coverage required for
a comprehensive assessment of stock status across Scotland.
5.1.21 Because of these particular strengths and weakness, an overall assessment
using all data sources is stronger than any individual indicator alone.
5.1.22 The suitability of genetic stock identification is being assessed as a tool to
identify population structuring within and between rivers, as well as to assess
stock/population composition of catches in the mixed stock fisheries20.
5.1.23 Recent modelling by Marine Scotland (Smith et al, 2014) shows that catch
and release inflates the reported rod catch data, and that this effect
increases over time (1994-2013). However, the general trends remain the
same.
North Atlantic (Southern European stock) 21
5.1.24 Data on the abundance of salmon in the North Atlantic shows that prefisheries abundance (PFA) 22 has declined significantly since 1970,
particularly in the southern European stock group (Table 5.1, Figure 5.4).
Table 5.1
Decline in PFA since 197023
Stock group
Northern Europe
(Russia; Finland; Norway; west coast of
Sweden; northeast regions of Iceland)
Southern Europe
(UK; Ireland; France; southwest regions of
Iceland)
North America
% decline in PFA
Maturing 1SW
Non-maturing 1SW
49
54
66
81
40
88
18
Marine Scotland (2010b)
Marine Scotland (2014) p. 3.
20 Marine Scotland (2014) p. 4.
21 This section is based on information taken from NASCO (2006).
22 i.e. abundance of salmon at sea before any fisheries
23 Source: Windsor et al (2012), p.1.
19
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Estimated PFA and spawner escapement 24
5.1.25 Since the mid-1990s, the non-maturing 1SW stock (i.e. MSW) has been at
risk of suffering reduced reproductive capacity in roughly half of the
assessment years. The maturing 1SW stock was not assessed as being at
such risk until 2009 25. Factors contributing to this decline are discussed in
Section 5.2.
Scotland
5.1.26 Figure 5.5 shows the trends in home water exploitation. In terms of
distribution of catch, the net fisheries took the majority of the catch between
1952 and 1980. By the late 1980s, the total catch was split approximately
evenly among the three methods, and thereafter the rod and line fishery has
taken the largest proportion of the (reduced) catch.
5.1.27 Rod catch data is used as a proxy for returning adult numbers . Figures for
the reported rod catch of salmon in Scottish rivers show an overall increase
in rod catch over the period 1952-2013 (Figure 5.6), although the catch in
2013 was the lowest reported catch since 2003. This may be taken as
evidence of an increase in the numbers of fish entering fresh water and,
given the high levels of reported catch and release (80%), escaping to
spawn. However, the status of stocks on smaller geographical scales (e.g.
among or within catchments) may differ both from each other and from
overall assessments of abundance.
24
25
Source: NASCO (2014a). Extract from p. 67.
NASCO (2014a), p. 61.
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Annual reported catch of salmon (caught and retained) in
Scotland, 1952-2008, by method26
5.1.28 Reported catch and effort have declined in the net fisheries, and remain at
historically low levels (Figure 5.7 and Figure 5.8). In 2013, fishing effort in
the fixed engine fisheries was the sixth lowest since 1952, when records
began. In the net and coble fisheries, effort was the lowest since 1952.
5.1.29 In light of the overall decline in marine survival in the northeast Atlantic, this
increase in rod catch is considered to be primarily the result of catch
reductions in both distant marine (Greenland, Faroes) and coastal fisheries,
both fixed engine and net and coble. This has allowed a greater proportion
of fish to enter rivers – hence increased rod fisheries and spawner
escapement.
5.1.30 The rod catch data27 indicates variation in abundance among the stock
components (Figure 5.9), by both region and run time (spring, summer and
autumn):

Spring stocks have been in decline since 1952. Numbers appear to have
stabilised in the last two decades, although at an historically low level.
Figure 5.10 summarises recent trends by district.

Summer and autumn stocks have increased (Figure 5.11 and Figure 5.12
respectively).
5.1.31 Detailed seasonal analysis of the 17 SAC rivers also suggests that there has
been a decline in spring salmon in the majority of these rivers since 1952
(see paragraph 5.1.43).
26
27
Source: Crawley (2010), p. 33.
Marine Scotland Science (2014a)
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Total rod catch in Scottish rivers
28
Fixed engine fishery 28
Net and coble fishery 28
28
Marine Scotland Science (2014b)
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5.1.32 The observed long-term decline in stocks, including spring stocks, suggested
by trends in rod catch data is paralleled by the limited local catchindependent data obtained from fish traps on Deeside. While this data
shows that adult returns appear to have stabilised in recent years, they are,
on occasion, still below the level required to maintain maximum production of
emigrant fish. The wider applicability of these findings for spring fish
tributaries elsewhere in Scotland is not currently known. The general belief
is that the spring run of MSW salmon gives the most concern (Crawley 2010,
p. 33).
Trends in catch by stock component (rod and line)
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Trends in the reported catches of spring salmon29
Note:
The map (right) illustrates the results of the rod
catch tool for spring salmon by statistical district.
Orange indicates a decline, blue an increase,
grey no trend and white insufficient catches to run
the tool.
Trends in the reported catches of summer salmon30
Note:
The map (right) illustrates the results of the rod
catch tool for spring salmon by statistical district.
Orange indicates a decline, blue an increase,
grey no trend and white insufficient catches to
run the tool.
29
30
Source: Marine Scotland Science (2014a), p. 4.
Source: Marine Scotland Science (2014a), p. 4.
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Trends in reported catches of autumn salmon31
Note:
The map (right) illustrates the results of the rod
catch tool for spring salmon by statistical district.
Orange indicates a decline, blue an increase,
grey no trend and white insufficient catches to
run the tool.
31
Source: Marine Scotland Science (2014a), p. 5.
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Salmon Rivers
5.1.33 The NASCO Salmon Rivers Database (2011)32 shows that there are 398
rivers supporting salmon populations within Scotland (Figure 5.1). Most of
these rivers regularly support salmon, but many are small and consequently
the salmon stocks of these rivers are very small and support minimal
catches, particularly on the west coast and the islands33. The database
reports that, of these:

341 river systems are categorised as “not threatened with loss”.

15 river systems are categorised as ”threatened with loss”, comprising
four on Arran, one on Lewis, ten on Scotland’s west coast (of which two
are on the Clyde coast), and one on the north-west coast.

Twelve river systems are categorised as “restored”, comprising seven on
Scotland’s east coast, two in the west of Scotland (Clyde coast), one in
the Solway Firth, and two on the north-west coast.

One river system on the Clyde Coast is categorised as “maintained”.

Nine river systems are categorised as “lost”, comprising four on Arran,
three in the west of Scotland (Clyde coast) and two on the north west
coast.
5.1.34 The status of a further 20 river systems located on the Clyde Coast, West
and north-west Scotland, Outer Hebrides and Moray Firth is classified as
“unknown”.
Protected Status
5.1.35 Atlantic salmon are protected at both international and European level. The
Convention for the Conservation of Salmon in the North Atlantic Ocean
(1982) established the North Atlantic Salmon Conservation Organization
(NASCO), which seeks to promote the conservation, restoration,
enhancement and rational management of salmon stocks through
international consultation and cooperation, taking into account the best
scientific evidence available. An objective for the management of salmon
fisheries is to provide diversity and abundance of salmon stocks, maintaining
both their productivity and diversity; achievement of this objective includes
application of the precautionary principle.34 For example, the fishing of
salmon is prohibited in most parts of the North Atlantic beyond 12 nautical
miles from the coast. The European Commission is a contracting party to
the convention on behalf of Member States.
5.1.36 Atlantic salmon are now included on the OSPAR list of threatened and/or
declining habitats and species35, in all the areas where it occurs (OSPAR
regions I, II, III and IV). This includes the varying states of the numerous
different stocks, which have to be taken into account.
32
NASCO Rivers Database Report UK- Scotland (2011); database available at
http://www.nasco.int/RiversDatabase.aspx
33 Marine Scotland (2014a), p. 2.
34 NASCO (2014a), p. 3.
35 OSPAR List of Threatened and/or Declining Habitats and Species 2008-6. Available from
http://www.ospar.org/content/content.asp?menu=00730302240000_000000_000000
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5.1.37 The Convention on the Conservation of European Wildlife and Natural
Habitats (1979) (the Bern Convention) regulates the exploitation of the
animal species identified in Appendix III to the convention. Atlantic salmon
are listed in Appendix III, in fresh water only. The UK government ratified
the convention in 1982. At a European level, the Habitats Directive36
implements the Bern Convention; Atlantic salmon (in fresh water only) are
listed in Annexes II37 and V38 of the Directive.
5.1.38 The UK population of Atlantic salmon is also important in a European
context. There are 33 Special Areas of Conservation (SACs) for Atlantic
salmon in the UK, of which 17 are in Scotland (Figure 5.13). Of those in
Scotland, 11 have been designated with salmon listed as a primary
qualifying interest (Table 5.2). These SACs apply to fresh water only;
estuarine and marine sites are therefore excluded.
5.1.39 Atlantic salmon are a priority marine feature, in terms of the marine
component of their lifecycle, in Scottish territorial waters (SNH/JNCC/Marine
Scotland, 2014). Atlantic salmon (the MSW component) 39 is identified as a
priority species in the UK Biodiversity Action Plan, following the review of
priority species and habitats in 200740.
Special Areas of Conservation
5.1.40 Assessments are conducted on the 17 SAC rivers for the purposes of Site
Condition Monitoring under the EU Habitats Directive, comprising
assessment of the status of juvenile salmon populations at a number of sites
and consideration of the trends in rod catch in three notional seasonal run
timing components. The status of juvenile salmonid populations also
contributes to the assessments of fish populations as indicators of Good
Ecological Status under the Water Framework Directive (WFD)41.
5.1.41 The condition of each SAC is assessed in regard to its favourable
conservation status, in comparison to its condition in the year of designation.
Both the juvenile and adult stages of Atlantic salmon are assessed, and the
results are combined to provide an overall assessment. Both the juvenile
and adult assessments must achieve favourable status to allow an overall
favourable status for the site.
5.1.42 The condition of Atlantic salmon SACs at the time of designation (2005) was,
overall, assessed as “unfavourable – recovering” (15 of the 17 SACs) (Table
5.2). Site condition was re-assessed in 2011 and new overall site condition
assessments were proposed (Table 5.2), which would result in eight of the
17 SACs being in favourable condition overall. These proposals are
currently under review by SNH.
36
Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna
Annex II of the Habitats Directive identifies animal and plant species of community interest whose
conservation requires the designation of Special Areas of Conservation.
38 Annex V of the Habitats Directive identifies animal and plant species of community interest whose
taking in the wild and exploitation may be subject to management measures.
39 SNH (2013) Atlantic salmon [online] Available at: http://www.snh.gov.uk/about-scotlandsnature/species/fish/freshwater-fish/salmon/ (accessed 18/12/2014)
40 http://jncc.defra.gov.uk/page-5164
41 Marine Scotland (2014a). p.2.
37
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5.1.43 Long-term rod catch trends of Atlantic salmon in salmon fishery districts
pertinent to SAC rivers were analysed for different stock components: spring
(January to May), summer (June to August) and autumn (September to
December). The results42 show that:

spring stock catches overall are declining (94%);

summer stock catches are mainly increasing (72%), but catches are also
declining in some rivers (19%) or stable (19%); and

autumn stocks catches are mainly increasing (82%), but catches are
declining in some rivers (6%) or stable (12%).
5.1.44 It is worth noting that the trends for the SAC rivers noted in the preceding
paragraph do not necessarily apply to all rivers in Scotland and/or to their
seasonal stock components (Crawley, 2010 p6).
5.1.45 In the latest round of reporting on conservation status to the EU, Scottish
Natural Heritage was able to give a favourable assessment for the
conservation status of Atlantic salmon in Scotland for each of the reference
parameters i.e. range, population, habitat and future prospects. For range
and population, the short and long term trends are increasing whilst for
habitat, the short term trend is stable and the long term trend is increasing .
42
Crawley (2010), p. 35 and Annex 3.
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Locations of SACs designated for Atlantic Salmon43
43
Source: Malcolm et al (2010), p.4.
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Table 5.2
SAC Site Condition Assessments for Atlantic salmon
SAC
Berriedale and
Langwell Waters
Endrick Water
Langavat
Little Gruinard
North Harris
River Bladnoch
River Borgie
River Dee
River Moriston*
River Naver
River Oykel
River South Esk
River Spey
River Tay
River Teith
River Thurso
River Tweed
qualifying
feature44
2005
status
yes
U-R
yes *
yes
yes
yes*
yes
yes *
yes
yes *
yes
yes *
yes
yes
yes
yes *
yes
yes
U-R
U-R
U-R
U-R
U-R
U-R
F-M
U-R
U-R
U-R
U-R
U-R
F-M
U-R
U-R
U-R
Proposed overall site
condition assessment 2011
juvenile adult
overall
status
F
F
F
U
U
F
F
F
F
F
U
F
F
F
F
F
U
U
F
U
F
F
F
U
F
F
F
F
F
U
U
F
F
F
F
U-R
U-R
F
F
U-R
F
F
U-R
F
F
U-R
U-R
F
U-R
U-R
F
* - qualifying feature but not a primary reason for site selection
Key
F
F-M
44
favourable
favourable – maintained
U
U-R
unfavourable
unfavourable - recovering
JNCC http://jncc.defra.gov.uk/ProtectedSites/SACselection/species.asp?FeatureIntCode=s1106
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Existing Environmental Problems
Introduction
5.1.47 The Environmental Assessment (Scotland) Act 2005 requires a description
of any existing environmental problems relevant to the proposed
conservation measures. This includes, in particular, environmental problems
relating to any areas of a particular environmental importance, such as areas
designated pursuant to the Birds and/or Habitats Directives (Schedule 3,
paragraph 4). The purpose of this section is to set out the existing and
future pressures on biodiversity, flora and fauna (Atlantic salmon; freshwater
pearl mussel).
5.1.48 Atlantic salmon are subject to pressures, both natural and human-related, at
different times in their life cycle. These are considered to contribute to the
decline of salmon populations (discussed in paragraphs 5.1.24 to 5.1.32).
The key factor in this decline is considered to be marine mortality (e.g.
Windsor et al, 2010). Marine survival indices in the North Atlantic have
improved in some index stocks in recent years, but survival indices remain
relatively low.
5.1.49 There is a wide range of factors which, in combination, might affect
production of salmon in fresh water and subsequent survival at sea. These
are discussed in the following paragraphs and include (Figure 5.14):

exploitation by marine, coastal and freshwater fisheries

climate change

availability of food

by-catch of salmon in marine fisheries

inadequate water quality

physical degradation of spawning and nursery habitat

physical barriers to migration

introduction of non-native invasive species, including non-native salmon
stocks

effects of aquaculture

predation
Exploitation by marine, coastal and freshwater fisheries
5.1.50 All salmon fisheries have the potential to adversely affect spawning stocks
(Crawley, 2010, p.5). In Scotland, salmon fisheries fall into one of three
broad categories :

fixed engine fisheries operate in coastal areas (bag nets, stake nets and
jumper nets operate in small numbers throughout Scotland; poke nets
and haaf nets are restricted to the Solway Region).

Net and coble fisheries are now generally restricted to estuaries and the
lower reaches of rivers.

Rod and line fisheries generally take place within river systems, although
there is angling for sea trout in the sea, notably in the Northern Isles.
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Potential risks for Atlantic salmon
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5.1.51 NASCO sets quotas for the salmon catch at East and West Greenland and
around the Faroe Islands, which influences the numbers that return to their
natal rivers. It is worth noting that no fishery has been pursued at the Faroes
since 2001, or at East Greenland since 1997. Catches at West Greenland
averaged 24 tonnes annually between 2003 and 2012(NASCO 2014a, Table
10.1.5.1).
5.1.52 The use of catch and release by rod and line anglers averaged 80% in 2013.
However, catch and release practices may result in the accidental killing of
wild fish. In consequence, guidelines have been developed by Scottish wild
fisheries organisations and their counterparts south of the border (2013) 45 as
well as by NASCO.
5.1.53 NASCO notes that “…Atlantic salmon which have been caught by anglers,
handled and then released must survive without a substantial reduction in
fitness”. Both sets of guidelines recommend the following type of gear:
artificial flies; small, barbless hooks; if necessary, a large landing net made
from non-abrasive netting and with small mesh. Treble hooks, gaffs and
tailers should not be used. They also recommend how the fish should be
handled, e.g. fish intended for release should not be exposed to air, but kept
in the water at all times.
Mixed stock fisheries
5.1.54 Mixed stock fisheries (MSF) are fisheries that exploit a significant number of
salmon from two or more river stocks46. MSF are considered by all
interested northern hemisphere countries to present particular difficulties for
management and species conservation(Crawley 2010, pp. 5 and 13):
“Without knowing how many fish come from which rivers it is not possible to
know the impact of the catch on individual catchments or to apply targeted
conservation measures in the fisheries to protect individual catchments.“
“These fisheries can be damaging because they have the potential to
intercept any salmon … in their vicinity, regardless of where those fish are
heading or the strength of the population in their natal rivers”
5.1.55 For practical purposes, a MSF could be defined as one operating outwith
estuary limits or one operating within a large estuary where exploitation of
stocks from two or more rivers entering the estuary would be possible.
Thus, a MSF might be a fixed engine, net and coble or a rod and line fishery,
depending on its location. Fisheries inside estuary limits may be MSFs;
those located outside estuaries are almost certainly MSFs47.
5.1.56 Fish tagging studies have been conducted to ascertain the extent of MSF in
Scottish fisheries. The results show that all three fisheries can and do catch
fish to a greater or lesser extent from more than one stock component. The
relative impact of a fishery on a river stock depends both on fishing method
and the distance at which it operates from that river (Crawley, 2010).
45
The Wye and Usk Foundation (2013)
NASCO (2009)
47 NASCO (2008), p. 5.
46
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5.1.57 NASCO have developed Guidelines for the Management of Salmon
Fisheries48 including mixed stock fisheries. NASCO recognise that the size
of salmon stocks, the management responsibilities and approaches, and the
resources available for fishery management vary considerably among
countries. While NASCO cannot be prescriptive about the specific
approaches that are used to manage home water salmon fisheries, there is a
clear expectation that elements of agreements and guidelines in this matter
should be being applied in all jurisdictions or there should be a clear
timescale for achieving this. This is addressed through Scotland’s NASCO
Implementation Plan for the period 2013-18.
Climate Change 49
5.1.58 Key issues for production of salmon in fresh water may well include
increased temperatures and increased climate variability. The latter would
likely result in changes to river flow, in terms of both increases (floods) and
decreases (droughts). This in turn has implications for water quality.
Contaminants in fresh water can also affect subsequent survival of salmon at
sea and changing flow patterns in rivers might worsen these impacts.
5.1.59 During the 21st century, the temperature of both the ocean and the
atmosphere are expected to increase. Most climate models also predict
changing ocean circulation in the North Atlantic, although the regional effects
are uncertain.
5.1.60 Long-term changes in North Atlantic salmon are associated with this
warming. Marine ecosystems, e.g. in the Northeast Atlantic, have
responded by a shift to a warmer regime and there have been marked
changes in the composition and production of plankton and salmon
abundance in the North Atlantic, particularly since the late 1980s. There is
also evidence that some prey species of high nutritional status to the salmon
have been replaced by species of lower nutritional value.
5.1.61 A northward movement of some fish species, including Atlantic salmon, and
plankton species that are important prey of salmon, has been detected in the
North Atlantic and appears to be linked to warming. Further changes in the
ocean currents and climate of the North Atlantic are anticipated, but
predictions of the nature and extent of these changes are uncertain as are
their influences on salmon populations.
5.1.62 Climate change may also affect the overall range of North Atlantic salmon in
the long-term. In North America, the southern edge of the range of Atlantic
salmon is known to have contracted by approximately 140 miles (2 degrees
of latitude). However, climate change may affect local environments
differently. In some rivers, higher temperatures have already been shown to
increase growth rates, resulting in younger smolts and earlier migration to
sea. This could result in smolts going to sea when ocean conditions are poor
for growth and survival, i.e. a mismatch in run-timing.
48
49
NASCO (2009)
This information is from Windsor et al (2012).
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Availability of Food
5.1.63 In the sea, the diet of salmon comprises plankton (especially krill), squid and
small fish (e.g. sandeels50, sprats, anchovies) 51. Windsor et al (2012, p. 11)
note that the diet of 1SW salmon at West Greenland was observed to be
dominated by capelin, amphipods and squid. Small fish are important in the
diet of post-smolts in coastal waters52. In freshwater, juveniles rely on an
abundant supply of insects53.
5.1.64 Windsor et al (2012, p. 11) note that, in the Northwest Atlantic, the amount of
food observed in the stomachs of post-smolts was less in the winter of
2008/09 than 2002/03. In addition, they (p 11) note that salmon returning to
Scottish rivers (both 1SW and 2SW) have shown a marked decline in
condition (that is, weight relative to body length), which they attribute to
changes in the marine environment.
Bycatch
5.1.65 During some periods of marine migration the post-smolt, pre-adult and adult
salmon are likely to pass through areas with intensive fishing e.g. the
Norwegian sea and seas west of the UK and Ireland. Bycatch by pelagic
fisheries may therefore be an issue. ICES explored this on behalf of NASCO
in 2004 and 200554 The evidence appears to show that some salmon
bycatch is likely to be occurring at certain times of the year, but the numbers
and their population implications are not clear. A key challenge in this work
is the lack of information on migration routes in certain areas and on
distribution throughout the year (ICES, 2005). It is therefore not clear
whether bycatch is exerting a significant effect on marine survival.
Inadequate water quality
5.1.66 Atlantic salmon are very sensitive to changes in water quality in both
estuarine and fresh water (OSPAR, 2010). Particular pressures include
eutrophication, chemical contaminants, increased sedimentation, and
temperature. These factors affect salmon both as juveniles (alevins, fry,
parr) and when migrating up-river as adults (OSPAR 2010). Acidification of
fresh water may have regional impacts (i.e. the continuing effects of acid rain
in certain areas)55 or local level effects (e.g. from forestry)56.
5.1.67 Analysis of pressures on water bodies (using WFD data) indicates that
nutrient enrichment is one of the key factors affecting rivers and lochs that
support salmon (20% of Scottish rivers and lochs). The most significant
contributors to elevated nutrient levels are agricultural diffuse pollution and
sewage pollution; other contributing sectors include urban drainage, forestry,
mining and quarrying. The other key factor identified by this analysis is
specific pollutants, which affects almost 5% of Scottish rivers.57
50
Lancaster et al (2014)
Rivers and Fisheries Trusts of Scotland (2014), p. 12.
52 Windsor et al (2010), p. 10.
53 Rivers and Fisheries Trusts of Scotland (2014), p. 12.
54 ICES (2004) and ICES (2005)
55 e.g. Herald Scotland, 20 October 2012, “Revealed: the 200 Scottish lochs polluted by acid rain”
56 Rivers and Fisheries Trusts of Scotland (2014)
57 NASCO (2009), p. 12.
51
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5.1.68 Salmon have a well-developed sense of smell, which plays an important role
in many aspects of their lives, including: recognition of family members and
other members of the same population; homing to their natal rivers; warning
of predator proximity; marking of territory; and synchronizing spawning.
Pollutants can prevent the detection of olfactory clues and the resulting
disruption may affect return rates, spawning and escape from predators,
amongst others. Such effects may pertain to Atlantic salmon in Scotland in
certain circumstances.
Physical degradation of spawning and nursery habitat
5.1.69 Changes to physical habitat can include changes to water course
morphology, including the straightening and deepening of rivers, building of
embankments, removal of river bank vegetation and the reinforcement of
banks, amongst others58. Table 5.3 sets out the number of surface water
bodies in the Scotland river basin district that were at less than good
ecological status/potential in 2008 because of physical changes, including
changes to the physical condition of beds and banks.
Reductions in flow
5.1.70 Dry rivers are rare but they can be found in the Scotland river basin district,
for example, in rivers downstream of some reservoir dams; where whole
streams are diverted; or during periods of dry weather in summer where
abstractions can take a significant proportion of the remaining river flow.
More commonly, water abstraction during dry weather can reduce the wetted
width of rivers. This loss of habitat can result in a loss of species and
decreased abundance of others. It can also increase the vulnerability of
water plants and animals to pollution and high summer temperatures.
5.1.71 Variation in flows and levels is also important in all surface waters to
maintain their characteristic ecological diversity. In rivers, higher flows
provide a trigger for migratory fish like salmon to make their runs upstream
and successfully navigate waterfalls and other obstacles to migration. Such
flows also move fine and larger sediments as well as detritus and other food
sources. This creates the diversity of shifting habitats on which different
water plants and animals depend and ensures an adequate supply of
spawning gravels for salmonid fish59.
58
59
NASCO (2009), p. 13.
Scottish Government (2009), p. 27.
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Table 5.3
Summary of pressures affecting Scotland’s surface water bodies60
Surface water bodies in Scotland (excluding
groundwater)
Surface water bodies at less than good ecological
status/potential
Water bodies at less than good ecological
status/potential because of physical changes (including
changes to beds and banks, and fish barriers)
Water bodies at less than good ecological
status/potential because of changes to physical
condition of beds and banks
Water bodies at less than good ecological
status/potential because of barriers to fish migration
Total number
of surface
water bodies
Percentage
of surface
water bodies
3233
100%
1261
39%
830
25%
546
17%
375
12%
5.1.72 Reservoirs, primarily for the purposes of providing drinking water and
hydropower generation, impound water and therefore alter water flows and
levels in the river downstream. Many of the impacted water bodies have
been designated as heavily modified because of the resulting substantial
physical alterations. Reservoirs used for hydropower generation are
concentrated in the uplands of the central and northern parts of the Scotland
river basin district. Those for drinking water supply are typically found nearer
to the larger towns and cities towards the south of the Scotland river basin
district. Details are provided in Table 5.4. Figure 5.15 shows progress on
reducing these pressures.
Table 5.4
Principal pressures on water flows and levels in bodies of surface
water in the Scotland RBD in 2008
Pressures
Abstraction,
including
abstraction
and regulation
of river flows
at dams
60
Principal activities
responsible
All activities
Drinking water supply
Hydropower generation
Agricultural irrigation
Water bodies in which pressure is
preventing the achievement of good
ecological status [including those
designated as heavily modified as a
result] (%)
Proportion of all
Proportion of all
rivers
lochs
21
25
3
9
9
14
4
0
Source: Scottish Government (Autumn 2013), p. 11.
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Progress on reducing sources of water flows and levels
pressures61
Physical barriers to migration
5.1.73 Natural barriers to migration mainly comprise impassable waterfalls.
Physical barriers to migration include dams and weirs, both in and out of
use; and transport infrastructure, e.g. impassable bridges and culverts.
Figure 5.17 shows those catchments that were historically available to
salmon, but where physical barriers prevent access. In 2008, the continuity
of water bodies for fish migration was good or better in 86% of rivers and
86% of lochs in the Scotland river basin district. Table 5.3 provides an
indication of the numbers of water bodies where obstacles to fish migration
cause them to be at less than good ecological status/potential. 0 shows that,
in 2008, culverts and small weirs were the main cause of barriers to fish
migration in the Scotland river basin district, followed by dams operated for
hydroelectricity generation. Figure 5.16 shows progress made on resolving
these barrier issues. Work is on-going to resolve these issues.
61
Source: Scottish Government (2014a), p. 12.
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Table 5.5
Pressures
Barriers to
fish
migration
Principal pressures on river continuity in the Scotland RBD in
200862
Principal activities
responsible
All activities
Other barriers such as
culverts and small weirs
Dams operated for
hydroelectricity generation
Dams operated for public
drinking water supply
Water bodies prevented from achieving
good ecological status [including those
designated as heavily modified as a
result] (%)
Proportion of all
Proportion of all
rivers
lochs
14
15
11
8
3
4
1
3
Progress towards reducing physical condition pressures63
62
63
Source: Scottish Government (2014a), Table 16, p. 37
Source: Scottish Government (2014a), p. 13.
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Introduction of non-native invasive species
5.1.74 The introduction of non-native and invasive species has been identified as a
pressure on salmon stocks (e.g. RAFTS, 201464). Species affecting salmon
include but are not limited to:

the North American Signal Crayfish (Pacifastacus leniusculus), which can
exclude juvenile salmonids from protective refuges, as well as causing
damage to riparian and in-stream habitats;

the American mink (Mustela vison), which is a significant predator of
juvenile and adult salmon which may be significant in areas of
compromised salmon populations65;

the European minnow (Phoxinus phoxinus L) which may compete with
salmon for food66; and

the northern pike (Esox lucius L), which is a predator of salmon and may
have significant adverse effects on smolt populations.
5.1.75 The introduction of non-native salmon stocks has also been identified as a
pressure 67.
Effects of aquaculture
5.1.76 Aquaculture has the potential to exert negative effects on salmon stocks,
through:

escapes of farmed fish, which can result in interbreeding with wild salmon
and consequent effects on genetic integrity, as well as competition;

infestation by sea lice, which can seriously affect the condition of wild
salmon by making them more vulnerable to disease; and

the transmission of disease.
5.1.77 Scientific evidence from Norway and Ireland indicates a detrimental effect of
sea lice on sea trout and salmon populations. There is increasing scientific
evidence that this is also the case for sea trout in Scotland although scientific
studies investigating the case for Scottish salmon are lacking. Salmon
aquaculture results in elevated numbers of sea lice in open water and hence
is likely to have an adverse effect on populations of wild salmonids in some
circumstances. The magnitude of any such impact in relation to overall
mortality levels is not known. However, concerns that there may be a
significant impact of aquaculture have been raised due to declines in catches
of both salmon and sea trout on the Scottish west coast68.
5.1.78 Marine Scotland is undertaking a three-year project to identify areas of
opportunity and restriction for aquaculture which will include consideration of
the risk of sea lice to wild salmonids. Additional projects are also scheduled
to commence which will seek to understand the risk to wild salmon from sea
lice in the Scottish coastal environment.
64
Rivers and Fisheries Trusts of Scotland (2014)
NASCO (2009), p. 23.
66 Armstrong et al (2015)
67 JNCC Atlantic salmon SAC web pages,
http://jncc.defra.gov.uk/ProtectedSites/SACselection/species.asp?FeatureIntCode=s1106
68 Marine Scotland Science (2013)
65
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Water bodies at less than good status due to obstacles to fish
migration69
69
Source: Scottish Government (Autumn 2013)
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Future Pressures: Offshore energy70
5.1.79 The advent of offshore renewable energy (wind, wave and tidal) may exert
pressures on salmon, in terms of:

injury and/or death from contact with devices; and

noise and disturbance effects from vessel movement, piling and other
activities in the water.
5.1.80 Any impacts are likely to be site-specific. There is uncertainty about whether
devices will impact directly on salmon or whether they will simply alter their
movements accordingly.
5.1.81 During periods where hydrofoil devices might not be turning (shutdown
periods or slack water) there may be potential for fish aggregation in the
vicinity of devices. Research has identified that there may, therefore, be a
potential risk of physical injury to some species during periods of start-up
(i.e. when the blades start moving), where aggregation has occurred.
5.1.82 There is no evidence for EMF impacts on Atlantic salmon.
Future Pressures: Re-introduction of Eurasian beaver to Scotland
5.1.83 Research on the potential consequences of allowing Eurasian beaver
(Castor fiber) to re-colonise in Scotland has identified potential overlaps of
beaver and salmon habitat71. The influence of beavers on salmon
populations is identified as being a particular risk to weak salmon
populations, whereas benefits from the presence of beavers might be
accrued in other areas downstream.
5.2
Freshwater pearl mussels72
5.2.1
Freshwater pearl mussels (Margaritifera margaritifera) are similar in shape to
common marine mussels, but grow much larger and live longer than their
marine relatives; over 100 years in some circumstances. They live at the
bottom of clean and fast-flowing rivers, either partially or completely buried in
coarse sand or fine gravel sediments, and depend on a range of factors
including cool and well-oxygenated soft water, free of pollution and turbidity,
and the presence of either trout or salmon to survive and develop at various
stages of their lifecycle.
5.2.2
The mussels have a complex lifecycle. The fertilised eggs develop inside
the female mussel, and larvae are released during late summer. For a short
time, the young mussels live free in the water either until they die or are
inhaled by a young salmon or trout. Once inhaled, the young mussels attach
themselves to the gill of the fish where they can continue to grow in the
oxygen-filled environment that the fish gills provide. The following summer,
70
This section is based on information from Marine Scotland (2013)
Armstrong et al (2015)
72 Informed by SNH (2014) Freshwater Pearl Mussel [online] Available at:
http://www.snh.gov.uk/about-scotlands-nature/species/invertebrates/freshwaterinvertebrates/freshwater-pearl-mussel/ (accessed 18/12/2014), JNCC (undated) 1029 Freshwater
pearl mussel [online] Available at:
http://jncc.defra.gov.uk/protectedsites/sacselection/species.asp?FeatureIntCode=S1029 (accessed
18/12/2014)
71
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the mussels generally drop from their host fish and sink into a suitable sand
or gravel bed, where they continue to grow to adulthood over the next 12
years. As a consequence, the presence of juvenile salmonids is an integral
factor in the early development of freshwater pearl mussels.
5.2.3
The species is widely distributed in Europe, Scandinavia and north-eastern
North America, but has suffered serious decline. It is considered as either
being threatened with extinction or highly vulnerable in its former range, and
therefore critically endangered. Scotland contains many important remaining
populations, but there has been a significant decline in the number of rivers
that support the species. Over the last century, over a third of Scottish rivers
that contained freshwater pearl mussels no longer do, and a further third
only contain old freshwater pearl mussels with no sign of reproduction.
Population declines have been linked to factors such as pearl-fishing,
pollution, acidification, organic enrichment, siltation, river engineering, and
declining salmonid stocks.
5.2.4
As a consequence, freshwater pearl mussels are listed as ‘endangered’ by
the IUCN73, and in Annex II74 of the Habitats Directive. They also receive
protection under Schedule 5 of the Wildlife and Countryside Act 1981(as
amended)75. The Scottish population of the species is also important in a
European context, and 19 Special Areas of Conservation (SACs) have been
designated in Scotland (many of these are also designated for Atlantic
salmon interests, e.g. Rivers Borgie, Dee, South Esk, Spey, etc.). A further
seven SACs contain the species as a qualifying feature, but not as a primary
reason for site selection76.
5.3
Other species
5.3.1
Other species, such as lamprey, share numerous commonalities with
Atlantic salmon and trout. As shown in Table 5.6, several river SACs are
designated for both Atlantic salmon and Lamprey (i.e. one or more of Brook,
River and Sea lamprey).
5.3.2
Bycatch of lamprey in salmon fishing nets has not been reported as an
issue.
73
IUCN (2014) Red List of Threatened Species: Margaritifera margaritifera [online] Available at:
http://www.iucnredlist.org/details/12799/0 (accessed 18/12/2014)
74 Annex II of the Habitats Directive identifies animal and plant species of community interest whose
conservation requires the designation of Special Areas of Conservation.
75 SNH (2013) Protected Species – Invertebrates [online] Available at:
http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/which-and-how/invertebrates/
(accessed 18/12/2014)
76 JNCC (undated) 1029 Freshwater pearl mussel [online] Available at:
http://jncc.defra.gov.uk/protectedsites/sacselection/species.asp?FeatureIntCode=S1029 (accessed
18/12/2014)
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Table 5.6
Atlantic Salmon, Freshwater Pearl Mussel and Lamprey SACs in
Scotland77
Atlantic Salmon
SACs
Freshwater Pearl
Mussel SACs
Brook Lamprey
SACs
River
Lamprey
SACs
Sea Lamprey
SACs
Berriedale and
Langwell Waters
Endrick Water*
Langavat
Little Gruinard
River
North Harris*
River Bladnoch
River Borgie*
River Dee
River Moriston*
River Naver
River Oykel*
River South Esk
River Spey
River Tay
River Teith*
River Thurso
River Tweed
Abhainn Clais An
Eas and Allt
a`Mhuilinn
Ardnamurchan
Burns
Mingarry Burn
North Harris
River Borgie
River Dee
River Evelix
River Kerry
River Moidart
River Moriston
River Naver
River Oykel
River South Esk
River Spey
Ardvar and Loch
a`Mhuilinn
Woodlands*
Foinaven*
Glen Beasdale*
Inverpolly*
Rannoch Moor*
Endrick Water
River Tay*
River Teith
River Tweed*
Endrick Water
River Tay*
River Teith
River Tweed*
Solway Firth
River Spey
River Tay*
River Teith
River Tweed*
Solway Firth
* sites where this species is a qualifying feature but not a primary reason for site selection
77
Informed by Crawley (2010)
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6
Environmental Baseline: Water
6.1.1
The Water Framework Directive (WFD)78, 79 establishes a framework for the
protection of inland surface waters (rivers and lakes), transitional waters
(estuaries), coastal waters and groundwater, with the aim of ensuring that all
aquatic ecosystems meet ‘good status’ by 2015. River Basin Management
Plans (RBMPs)80 have been prepared for the Scotland and Solway-Tweed
River Basin Districts to address the requirements of the WFD in relation to
the management of Scotland’s river systems. These plans also provide an
overview of the state of the water environment for these districts.
6.1.2
Scotland’s surface waters, comprising rivers, lochs, estuaries and coastal
waters, are classified by their ecological and chemical quality, as required by
the Water Framework Directive. For those water bodies not designated as
heavily modified or artificial, this ecological quality is described in terms of
'ecological status', which defines how much ecological quality deviates from
natural conditions. The quality elements used to assess ecological status
are:

biological quality elements (water, plants and animals).

chemical and physicochemical elements (e.g. oxygen and nutrient
levels).

hydromorphological quality elements (water flows and levels; the
condition of beds, banks and shores; and the continuity of rivers for fish
migration).
6.1.3
The ecological status of a water body is determined by the lowest-classed
quality element. Therefore, for ‘good’ status, the chemical, physicochemical
and hydromorphological quality of the water body must achieve the
standards and conditions necessary for the biological quality elements to be
in ‘good’ condition.
6.1.4
Scotland’s surface waters are monitored by SEPA to measure performance
and compliance with targets for coastal water quality status under the
Directive. The most recent classification results taken in 2013 were
produced in accordance with new environmental standards (updated from
those used for the monitoring programme in 2007 – 201281). In 2013, some
2,021 (62%) of surface water bodies were classed as being of ‘good’ or
‘high’ status, 22% as ‘moderate’ and 16% as ‘poor’ or ‘bad’ in terms of
78
JNCC (2011) Council Directive 2000/60/EC establishing a framework for Community action in the
field of water policy (Water Framework Directive), [online] Available at: http://jncc.defra.gov.uk/page1375 [accessed 19/12/2013]
79 European Commission (2011) EU Water Legislation and the Water Management Directive, [online]
Available at: http://ec.europa.eu/environment/water/participation/notes_en.htm
80 http://www.sepa.org.uk/water/river_basin_planning.aspx
81 SEPA (2013) Classification Results [online] Available at:
http://www.sepa.org.uk/water/monitoring_and_classification/classification/classification_results.aspx
(accessed 19/12/2014)
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overall status (i.e. Good Environmental Status and Good Ecological
Status)82. Of these:

83% of surface water bodies were classed as ‘good’ or ‘high’, 15% as
‘moderate’ and 2% as ‘poor’ in terms of water quality.

87% of surface water bodies were classed as ‘good’ or ‘high’, 11% as
‘moderate’ and 2% as ‘poor’ or ‘bad’ in terms of water flows and levels.

84% of surface water bodies were classed as ‘good’ or ‘high’, 9% as
‘moderate’ and 7% as ‘poor’ or ‘bad’ in terms of the physical condition of
beds, banks and shores.

85% of surface water bodies were classed as ‘good’ or ‘high’, 4% as
‘moderate’ and 11% as ‘poor’ in terms of fish passage.

99% of surface water bodies were classed as ‘good’ or ‘high’ and 1% as
‘moderate’ in terms of protection from invasive non-native species.
6.1.5
Actual changes in the status of Scotland’s surface waters between 2008 and
2013 are shown in Figure 6.1, indicating that amongst other things, there has
been an improvement in fish passage (to good status).
Actual Changes in the Status of Surface Waters 2008 – 2013
6.1.6
Assessments are conducted on the 17 SAC rivers for the purposes of Site
Condition Monitoring under the EU Habitats Directive, specifically involving
consideration of the status of juvenile salmon populations at a number of
sites and consideration of the trends in rod catch in three notional seasonal
run timing components. The status of juvenile salmonid populations also
82
SEPA (2013) Classification [online] Available at:
http://www.sepa.org.uk/water/monitoring_and_classification/classification.aspx [accessed
18/12/2013]
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contributes to the assessments of fish populations as indicators of Good
Ecological Status under the Water Framework Directive 83.
6.1.7
In terms of river water quality, the Scottish Environment Protection Agency
(SEPA) have established an indicator of river water quality based on a
network of sites covering 253 water bodies (comprising rivers or sections of
rivers), which account for approximately 10% of all water bodies. The
indicator is based on a consistent set of five water quality parameters which
are sensitive to organic pollution, nutrients and toxic substances and provide
a measure of species diversity. Each of the parameters is assessed over a
rolling 3 year period and the results weighted by river length84.
6.1.8
Between 1992 and 2013, the proportion of river length that was classed as
‘slightly polluted’, ‘polluted’ or ‘severely polluted’ in Scotland rose from 6.8%
in 1992 to 7.4% in 1998, before falling to 3.4% in 2013. The main factors
underlying slightly polluted, polluted and severely polluted rivers are inputs of
nutrients, leading to degraded biological quality. The proportion of river
length classed as ‘unpolluted’ has remained broadly consistent: it increased
between 1992 and 2010 to 86.5%, but has since fallen to 84.8% in 2013.
European Commission (2012) The EU Water Framework Directive – integrated river basin
management for Europe, [online] Available at: http://ec.europa.eu/environment/water/waterframework/index_en.html [accessed 19/12/2013]
84 http://www.scotland.gov.uk/Topics/Statistics/Browse/Environment/TrendRiverWater
83
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Coastal Waters Classification 201285
85
Source: Scotland’s Environment Web
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7
Environmental Baseline: Material Assets
Introduction
7.1.1
Salmon fishing, both netting and angling, rely on the quality and resources of
the natural environment for their economic activity. In consequence, salmon
fishing was scoped into the SEA. The purpose of this section is to provide a
brief description of salmon fishing in Scotland, in terms of the following:

salmon fishing rights;

methods of salmon fishing;

mixed stock fisheries;

economic value of salmon fishing in Scotland; and

cultural heritage value.
Salmon Fishing Rights
7.1.2
Salmon fishing rights are private heritable titles, i.e. they are privately owned
(Robertson, 2013, p. 13) and can therefore be bought, sold or leased. They
may be held with, or separate from, the land. While rights to fish are held as
personal property, the fish themselves belong to no-one until they are
caught.
7.1.3
It is a criminal offence to fish for salmon without the legal right or written
permission from the owner of the right.
Methods of Salmon Fishing
7.1.4
Salmon is mostly fished in Scotland by three methods:

angling by rod and line, mostly in inland waters (i.e. above estuary limits)

net and coble (boat) in inland and coastal waters, again mostly within
estuarial limits. This involves paying out the net from the stern of the
coble and then drawing it ashore.86

fixed engines in coastal waters outside estuary limits87. These include:
o
bag nets. These are usually fished along rocky shores where they
are held in position by floated lines and anchors.
o
stake nets, including fly and jumper nets. Stake nets are fished on
sandy beaches or mud flats where the stakes used to support the
netting are set into the soft substrate.
o
haaf nets and poke nets (only on the Solway Firth). Haaf nets are
large hand-held nets which were brought to the Solway by the
Vikings. Poke nets are net pockets held up on poles and arranged
in lines set across the tide.
7.1.5
Drift-net fishing for salmon off the coast of Scotland was prohibited in 1962,
and the ban remains in force88.
86
taken from The Salmon Net Fishing Association of Scotland web pages at
http://scottishsalmonassoc.net/
87 ibid
88 Marine Scotland web pages at http://www.gov.scot/Topics/marine/Salmon-TroutCoarse/game/types (accessed March 2015)
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Net Fisheries
7.1.6
Historically, net fisheries have operated around much of Scotland’s coastline
and few salmon districts contain parts of their coastline which have not been
associated with coastal net or net and coble fisheries in the past. Catch and
fishing effort in the net fisheries has progressively declined since 1952,
particularly since the 1980s, and is currently at historically low levels (Figure
7.1).
7.1.7
Marine Scotland holds records for 591 coastal net fisheries and 526 net and
coble fisheries, the majority of which (92% and 86% respectively) are
currently included in the annual survey of fishery data. In 2013, the survey
identified 56 coastal and 24 net and coble fisheries as actively catching
salmon, 10% and 5% respectively of the recorded fisheries.
7.1.8
This decline in catch and effort is illustrated geographically for coastal net
fisheries (Figure 7.2) and net and coble fisheries (Figure 7.3).
Proportion of Districts where net fisheries reported catch or effort
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Scottish Fishery Districts: active coastal net fisheries 1976 and 2013
Scottish Fishery Districts: active net and coble fisheries 1976 and 2013
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Rod and Line Fisheries
7.1.9
Rod catch, in contrast to the net fisheries, has remained relatively stable and
now comprises the greatest proportion of the catch (Figure 5.5).
7.1.10 In Scotland there are 398 rivers on the NASCO Salmon Rivers Database
(2011)89, which are organised into 57 Salmon Fishery Districts (Figure 7.4).
There are 41 District Salmon Fishery Boards in Scotland.
Economic value of salmon fishing
7.1.11 Only the commercial fishery, i.e. inland and coastal netting, is able to sell
wild salmon, as the sale of rod-caught salmon for human consumption is
illegal. This means that income streams can be roughly characterised as the
sale of fish for the commercial fishery, and the sale of angling opportunities
for the recreational fishery.
7.1.12 It is difficult to provide an overview of the economic value of the combined
commercial and recreational salmon fishing industry. For instance, much of
the existing economic evidence on game and coarse angling is out of date;
the last major review was in 2004. Data from 200490 indicate that coarse
and game angling in Scotland resulted in the Scottish economy producing
(after displacement) over £100 million worth of annual output, which
supported around 2,800 jobs and generated nearly £50 million in wages and
self-employment income to Scottish households. Many of these were in
rural areas91.
7.1.13 There are also significant gaps in the evidence, particularly in relation to
salmon netting. Work has been commissioned by Marine Scotland to fill this
gap for both the rod and line and net fisheries; the study is expected to
report later in 2015.
7.1.14 Salmon fishing involves other sectors, e.g. in the fishery supply chain such
as fish processing plants, smokeries, etc., and those that service these
sectors such as fishing gear suppliers (i.e. net, rod and bait suppliers).
Anecdotal evidence indicates that some companies undertaking net fishing,
generally the larger ones, also undertake their own processing, whilst others
sell on their wild catches to fish merchants and fish processors through
direct deals. These catches are then sold on in a supply chain.
7.1.15 Many of these industries and businesses serve other sectors as well as the
salmon fishing sector. For example, net and equipment suppliers provide
equipment for a range of commercial operations, including other types of
fishing, finfish aquaculture, construction, and sport and recreation, amongst
others. Similarly, rod and bait suppliers generally also service other rod
fishing sectors, notably the coarse fishery sector (i.e. rod fishing for species
other than salmon and trout), while some fish processors often also have
agreements to buy and/or process fish from a range of different fisheries
sectors.
89
NASCO Rivers Database Report UK- Scotland (2011); database available at
http://www.nasco.int/RiversDatabase.aspx
90 Radford et al (2004)
91 Scottish Government (2008), p. 6, paragraph 2.3.
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Salmon Fishery Districts in Scotland92
92
Source: NASCO (2008)
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Cultural Heritage Values
7.1.16 In addition to tangible features of the historic environment, cultural heritage
includes the important relationships of many communities to the seas around
them, as reflected in traditional uses of the waters and their products as well
as traditional skills. Surveys undertaken on behalf of SNH indicate that wild
salmon are valued by the people of Scotland. When asked about the
importance of different aspects of the natural environment and its
management, wild salmon in Scotland’s rivers were ranked fourth out of 17
preferences; high water quality around the coast ranked first. Some 90% of
people are glad that wild salmon are in Scotland’s rivers 93.
7.1.17 Atlantic salmon is a cultural icon throughout its North Atlantic range; it is the
focus of probably the world’s highest profile recreational fishery and is the
basis for one of the world’s largest aquaculture industries. It is also an
indicator of healthy aquatic environments.
7.1.18 This importance is reflected in the symbology of salmon in Scotland. For
example, Mills (2009) notes that the early Norse invaders gave the name
“lax” (their word for salmon) to rivers and waterbodies including: River
Laxford (northwest Sutherland); River Laxay in east Lewis, Laxadale River
and Laxadale Lochs in east Harris (Mills, 2009, p. 29). In Celtic mythology,
the salmon is a symbol of wisdom and carvings of salmon are found on
standing stones in various parts of Scotland.
7.1.19 Salmon fishing has been a traditional activity, probably before records
began. The first record of a net and coble probably dates to 1160 (Mills,
2009, p. 31). There are records of salmon netting in the 12th century,
through grants made by the Bishop of Durham (Tweed Foundation, 2009).
7.1.20 Salt salmon was a key item of trade between Scotland and mainland
Europe. In the 13th century, the salmon export trade centred in Aberdeen,
Perth, Berwick and Glasgow. There are records of shipments of salmon to
Flanders and France as early as 1380. This trade continued through the
centuries, e.g. with records of shipments from Leith and Dunbar (1661) and
Banff, Garmouth, Findhorn, Aberdeen, and Montrose (1665).
7.1.21 In the 17th century innovations in preservation (pickling in vinegar rather
than salt) resulted in substantial trading with England, which was further
increased by the innovation of shipping in ice in the 18th century.
93
TNS (2014)
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8
Results of the SEA
8.1
Biodiversity, flora and fauna
Will the proposed conservation measures safeguard aquatic
ecosystems, including species and habitats, and their interactions?
8.1.1
The proposal to prohibit the killing of salmon, except under licence, would
act to remove the pressure of exploitation by the salmon fishing industry
unless it can be demonstrated that such exploitation is undertaken on a
sustainable basis and does not present a threat to vulnerable stocks.
8.1.2
A potential alternative could be to only protect the most vulnerable stock, i.e.
spring stocks. This would protect spring salmon only during the first months
that they enter into the river. Such a measure would not act to protect other
stocks or spring salmon later in the year. Given these disadvantages, this
alternative has been discounted as not being reasonable: it would not
achieve the policy aims.
8.1.3
The proposal to prohibit the killing of salmon except under licence would act
to reduce the risk of rivers failing to reach their conservation limits, and
hence ensure the sustainable exploitation of salmon in Scotland.
8.1.4
The proposed measures around gear are intended to increase the survival
rate of salmon caught using catch and release strategies, and would
therefore be positive overall.
8.1.5
The measures proposed to introduce a carcass tagging scheme are
procedural in nature, but would assist in compliance with the regulatory
regime.
8.1.6
The decline in freshwater pearl mussel populations appears to be linked to
the decline in salmon populations in fresh water. Although this is not the
major factor influencing these mussel populations, these proposed measures
could have benefits for freshwater pearl mussel, by providing opportunties
for distribution and reproduction.
8.2
Water
Will the proposed conservation measures maintain or work towards
good ecological status?
8.2.1
Scotland has a responsibility to achieve good ecological status under the
Water Framework directive. Juvenile salmonids provide one aspect of this
determination. Protection of stocks could positively influence ecological
status, but this would not necessarily reflect changes to watercourses
effected by River Basin Management Plan programmes. The effect of the
proposed conservation measures is therefore considered to be neutral.
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8.3
Material Assets
Will the proposed conservation measures maintain the environmental
quality and resources which support economic activities?
8.3.1
In the long-term, anticipated benefits to the Scottish salmon population could
have benefits for the salmon fishing industry, by improving sustainability of
the species (the material asset) and therefore long-term sustainability of the
industry.
8.3.2
It is not considered that short-term dis-benefits would adversely affect the
cultural heritage aspects of the salmon fishing industry. Indeed, the longterm benefits (i.e. the sustainability of the industry) would outweigh the shortterm dis-benefits by ensuring that traditional activities continue into the
future. The iconic status of the salmon would also be more likely to be
secured.
8.3.3
The Business and Regulatory Impact Assessment (paragraph 3.1.1) will
assess the potential socio-economic effects of the proposed conservation
measures.
8.4
Cumulative Effects
8.4.1
The cumulative effects of the proposed conservation measures and other
plans, programmes and policies (Figure 2.1) would act to reduce the
pressure of exploitation by the salmon fishing industry, unless it can be
demonstrated that such exploitation is undertaken on a sustainable basis
and does not present a threat to vulnerable stocks. Together they would
reduce the risk of rivers failing to reach their conservation limits, and hence
ensure the sustainable exploitation of salmon in Scotland.
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9
Next Steps
9.1.1
The consultation on the proposed conservation measures and the
accompanying Environmental Report is now open, and will close on 30 April
2015. Views on this Environmental Report, and the proposed conservation
measures, are now invited.
9.1.2
Following the consultation period, the responses received will be analysed,
and the findings from this analysis will be taken into account in the
finalisation of the proposed conservation measures. Once these have been
adopted, i.e. through legislation, a Post-Adoption Statement will be prepared,
reflecting on the findings of the assessment and the consultation, and
outlining how the issues raised have been addressed.
9.1.3
Copies of the consultation documents and the Environmental Report are
available for viewing during office hours at the Scottish Government library at
Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive,
Edinburgh, EH11 3XD).
9.1.4
Please send your response, with the completed Respondent Information
Form, to:
salmonandrecreationalfisheries@scotland.gsi.gov.uk
Jackie McDonald
Area 1-B North, Victoria Quay, EH6 6QQ
9.1.5
If you have any queries or require further information about the consultation
please contact Valerie Lusk on 0131 244 6236 or
salmonandrecreationalfisheries@scotland.gsi.gov.uk.
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Glossary
Conservation limits – define adequate levels of abundance for each river (Windsor
et al 2012, p. 14)
Mixed Stock Fisheries - Fisheries that exploit a significant number of salmon from
two or more river stocks (NASCO, 2009)
Stock – is a group of individuals, not defined by biology (although usually considered
to comprise a number of populations), but by management needs …The scale
chosen depends on the level at which management is applied, and often, the level at
which data availability allows for management. In practice, many home water
countries manage those fish returning to spawn to a single river catchment, by
regulation of fisheries at the level of the river stock. (Crawley 2010, p. 13)
Note: when referring to “stock”, NASCO and EU mean “river stock”.
Population is a clearly defined biological term and comprises a group of individuals
of the same species occupying a particular geographic area. (Crawley 2010, p. 13)
Effort - The fishing effort is a measure of the amount of fishing. Frequently some
surrogate is used relating to a given combination of inputs into the fishing activity,
such as the number of hours or days spent fishing, numbers of hooks used (in longline fishing), kilometres of nets used, etc.
Marine Scotland defines effort as the time fishing vessels spend at sea, i.e. days at
sea.
The European Union defines fishing effort as fleet capacity (tonnage and engine
power) x days at sea (time; t); the formulas are GT x t and kW x t.
Source Publication: Review of Fisheries in OECD Countries: Glossary, February
1998.
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References
Armstrong, J.D, H.L. Anderson, S.L. Dugan and R Gardiner. 2015. A mapping
study of the overlap of potential Eurasian beaver (Castor fiber) habitat and Atlantic
salmon (Salmo salar) distribution in Scotland. Scottish Marine and Freshwater
Science, Vol. 6, Number 4.
Crawley, D. 2010. Report of the Scottish Mixed Stock Salmon Fisheries Working
Group. Report by the Steering Group of the Freshwater Fisheries Forum, 100pp.
Available at http://www.gov.scot/Publications/2010/03/31154416/0
Environmental Assessment (Scotland) Act 2005. Available at
http://www.legislation.gov.uk/asp/2005/15/contents
Godfrey, Jason D, David C Stewart, Stuart J Middlemas and John D Armstrong. July
2014. Depth use and migratory behaviour of homing Atlantic salmon (Salmo salar)
in Scottish coastal waters. – ICES Journal of Marine Science, doi:
10.1093/icesjms/fsu118.
ICES. 2005. Report of the Study Group on the Bycatch of Salmon in Pelagic Trawl
Fisheries (SGBYSAL), 8–11 February 2005, Bergen, Norway. ICES CM
2005/ACFM:13. 41 pp. Available at http://www.nasco.int/fisheries.html
ICES. 2004. Report of the Study Group Report on the Bycatch of Salmon in Pelagic
Trawl Fisheries (SGBYSAL), 9–12 March 2004 Bergen, Norway. ICES CM
2004/I:01, Ref. G, ACFM. Available at http://www.nasco.int/fisheries.html
Lancaster, J. (Ed.), McCallum, S., Lowe A.C., Taylor, E., Chapman A. & Pomfret, J.
(2014). Development of detailed ecological guidance to support the application of
the Scottish MPA selection guidelines in Scotland’s seas. Scottish Natural
Heritage Commissioned Report No.491. Sandeels – supplementary document.
Malcolm I A, J Godfrey and A F Youngson. 2010. Review of migratory routes and
behaviour of Atlantic salmon, sea trout and European eel in Scotland’s coastal
environment: implications for the development of marine renewables. Scottish
Marine and Freshwater Science, Volume 1 No 14. Marine Scotland Science,
Faskally.
Marine Scotland. 2014. NASCO implementation plan for the period 2013-18.
Updated December 2014. p. 3.
Marine Scotland. 2013. Planning Scotland’s Seas. Draft Sectoral Marine Plans for
Offshore Renewable Energy in Scottish Waters. Environmental Report. Available
at http://www.gov.scot/Publications/2013/07/8702
Marine Scotland. 2010a. Balancing the Conservation of Seals and Salmon in
Scotland. Topic Sheet No. 43, V. 1.
Marine Scotland. 2010b. How River Flow Affects Rod Catches of Atlantic Salmon.
Topic Sheet No. 48, V. 1.
Marine Scotland. 2010c. What Salmon Smell: The Importance of Clean Rivers.
Topic Sheet No. 44, V. 1.
Marine Scotland Science. 2014a. Status of Scottish Salmon Stocks. Marine
Scotland Science Report 02/14. Available at
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Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland
Environmental Report
http://www.scotland.gov.uk/Topics/marine/Publications/publicationslatest/Science/M
SSR/2014/0214
Marine Scotland Science. 2014b. Salmon Fishery Statistics – 2013 Season. Topic
Sheet No. 68, V.5.
Marine Scotland Science. 2013. Summary of information relating to impacts of sea
lice from fish farms on Scottish sea trout and salmon.
Mills, D. 2009. Saving Scotland’s Salmon: Ecological, Social and Political Factors
Influencing its Survival. Medlar Press: Ellesmere.
NASCO. no date. Guidelines on Catch and Release. Edinburgh.
NASCO. 2014a. Report of the ICES Advisory Committee. CNL(14)8. p. 3.
NASCO. 2014b. NASCO Implementation Plan for the period 2013-18. EU – UK
(Scotland). Updated March 2014. CNL(14)60. Available at
http://www.nasco.int/implementation_plans_cycle2.html.
NASCO. 2009. Guidelines for the Management of Salmon Fisheries, available from
http://www.nasco.int/fisheries.html
NASCO. 2008. Fisheries Management Focus Area Report. European Union – UK
(Scotland). IP(08)02(rev).
NASCO. 2006. EU-UK (Scotland): Report of Implementation Plan for Meeting
Objectives of NASCO Resolutions and Agreements. CNL(06)31.
NASCO. 2003. Report of the Technical Workshop on Development of a Framework
for Assessing Social and Economic Values Related to Wild Atlantic Salmon.
CNL(03)18.
OSPAR Commission. 2010. Biodiversity Series. Background Document for Atlantic
salmon Salmo salar.
Radford, A., G Riddington and J Anderson. 2004. The Economic Impact of Game
and Coarse Angling in Scotland. SEERAD Report.
Rivers and Fisheries Trusts of Scotland. 2014. Data Supporting Site Condition
Monitoring of Atlantic salmon SACs. Scottish Natural Heritage Commissioned
Report No. 755. http://www.snh.gov.uk/publications-data-andresearch/publications/search-the-catalogue/publication-detail/?id=2117
Robertson, I.A. 2013. the Salmon Fishers: a History of the Scottish Coastal Salmon
Fishers. Medlar Press: Ellesmere.
Scottish Government. 2015. Delivering Scotland’s River Basin Management Plans:
Improving the physical condition of Scotland’s water environment. A Consultation.
Scottish Government. 2014a. Current condition and challenges for the future
Scotland river basin district. A public consultation.
Scottish Government. 2014b. Current condition and challenges for the future
Solway Tweed river basin district. A public consultation.
Scottish Government. Autumn 2013. Improving the hysical condition of Scotland’s
water environment. A supplementary plan for the river basin management plans.
Scottish Government. 2009. The river basin management plan for the Scotland
river basin district 2009-2015.
1 April 2015
57
Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland
Environmental Report
Scottish Government. 2008. A Strategic Framework for Scottish Freshwater
Fisheries. Available from http://www.gov.scot/Publications/2008/06/26110733/0
Scottish Government and Environment Agency. 2009. The river basin management
plan for the Solway Tweed river basin district 2009-2015.
Scottish Natural Heritage, JNCC and Marine Scotland. 2014. Priority Marine
Features in Scotland’s Seas. Table 3: Mobile species. Available at
http://www.snh.gov.uk/protecting-scotlands-nature/priority-marine-features/prioritymarine-features/
Smith, G.W., S.J. Middlemas and J.C. MacLean. 2014. Assessing the status of
Scottish Atlantic salmon (Salmo salar L.) stocks using reported catch data: a
modelling approach to account for catch and release in the rod & line fishery.
Scottish Marine and Freshwater Science, Volume 5, Number 11.
Thin, Andrew, Jane Hope and Michelle Francis. October 2014. Report of the Wild
Fisheries Review Panel. Available at http://www.gov.scot/Topics/marine/SalmonTrout-Coarse/fishreview/WFRFinal
TNS. 2014. Scotland’s People and Nature Survey 2013/14. Scottish Natural Heritage
Commissioned Report No. 679.
Tweed Foundation. 2009. The History of the Salmon and Sea-Trout Net Fisheries
of the Tweed and the Eye.
Windsor, Malcolm L, Peter Hutchinson, Lars Petter Hansen and David G Reddin.
2012. Atlantic salmon at sea: Findings from recent research and their implications
for management. NASCO document CNL(12)60. Edinburgh, UK. 20pp.
The Wye and Usk Foundation. 2013. Catch & Release for Salmon: An Angler’s
Guide. Also supported by Angling Trust; Association of Salmon Fishery Boards;
Atlantic Salmon Trust; Natural Resources Wales; Environment Agency; Rivers
and Fisheries Trusts of Scotland; The Rivers Trust; Salmon & Trout Association;
Scottish Anglers National Association.
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Appendix I: Environmental Protection
Objectives
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Legislation/Policy/Programme/Strategy/Plan Key Objectives
Biodiversity, Flora & Fauna
International
UN Convention on Biological Diversity (1992)
Relates to the conservation and sustainable use of biodiversity, and the sharing of benefits from
the use of genetic resources (including by appropriate access to these resources).

Article 6 requires that all parties to the Convention develop national biodiversity strategies,
plans or programmes, and that they seek to integrate the provisions of these across other
policy sectors.

Article 7 requires the identification of key resources and their protection.

Article 8(h) requires that each Contracting Party shall prevent the introduction of, control or
eradicate those alien species which threaten ecosystems, habitats or species.

Monitoring of potentially damaging processes and activities should also be undertaken.
Representative networks of protected areas in the maritime environment should be established
by 2012.
Bonn Convention on the Conservation of
Aims to conserve terrestrial, marine and avian species through international co-operation.
Migratory Species of Wild Animals 1979
Convention for the Protection of the Marine
Aims to prevent and eliminate pollution and to protect the maritime area against the adverse
Environment of the North-East Atlantic
effects of human activities.
(OSPAR Convention) 1992
This Convention led to establishment of a cross-regional commission promoting an ecosystems
approach to marine management, including establishment of a network of Marine Protected
Areas. Its five work areas are biodiversity and ecosystems, eutrophication, hazardous
substances, offshore industry, and radioactive substances. Climate change is also a key crosscutting theme. Also includes a Biological Diversity and Ecosystems Strategy.
UN Agreement on Straddling Fish Stocks and
Sets out principles for the conservation and management of specified fish stocks and establishes
Highly Migratory Fish Stocks 2001
that such management must be based on the precautionary approach and the best available
scientific information. The Agreement elaborates on the fundamental principle, established in
UNCLOS, that States should co-operate to ensure conservation and promote the objective of the
optimum utilisation of fisheries resources both within and beyond the exclusive economic zone.
The Convention for the Conservation of
This convention established the North Atlantic Salmon Conservation Organization (NASCO),
Salmon in the North Atlantic Ocean - 2 March
which seeks to promote the conservation, restoration, enhancement and rational management of
1982
salmon stocks through international consultation and cooperation, taking into account the best
scientific evidence available. An objective for the management of salmon fisheries is to provide
diversity and abundance of salmon stocks, maintaining both their productivity and diversity;
achievement of this objective includes application of the precautionary principle.
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European
Council Directive 92/43/EEC on the
conservation of natural habitats and of wild
fauna and flora (the Habitats Directive) as
amended by Council Directive 97/147/EC
Convention on the Conservation of European
Wildlife and Natural Habitats (1979) (“the Bern
Convention”)
The Pan-European Biological and Landscape
Diversity Strategy (1995)
Our life insurance, our natural capital: an EU
Biodiversity Strategy to 2020 (2011)

Aims to promote the maintenance of biodiversity and natural heritage as part of sustainable
development.

Established a commitment to the designation of Special Areas of Conservation (SAC), as part
of a coherent ecological network across Europe. These are known as Natura 2000 sites; the
network comprises SACs and Special Protection Areas designated under the Wild Birds
Directive.

Notes that land-use planning and development policies should encourage the management of
features of the landscape which are of major importance for wild fauna and flora.

Requires an appropriate assessment to be made of any plan or programme likely to have a
significant effect on the conservation objectives of a designated site.

Article 22 requires Member States to ensure that deliberate introduction of non-native species
into the wild is regulated (and if necessary prohibited) so as not to prejudice natural habitats or
wild native flora and fauna.
Aims to promote co-operation between European states to protect biodiversity.
Article 11(2)(b) states that each Contracting Party shall undertake to strictly control the
introduction of non-native species.
The Strategy aims to reverse the decline of landscape and biological diversity, by promoting
innovation and proactive policy making. It supports preceding measures for protecting natural
heritage, and aims to supplement this by further promoting a number of action themes relating to
different environmental resources. Emphasises the rapid decline of some key characteristics and
resources, including traditional human-made landscapes, coastal zones, marine areas, wetlands,
mountains and grassland.

Sets out a 2050 vision that EU biodiversity and natural heritage and the ecosystem services it
provides are protected, valued and appropriately restored.

Includes the headline target of halting the loss of biodiversity and natural heritage and
degradation of ecosystem services by 2020, restoring them where possible and increasing the
EU contribution to averting global biodiversity and natural heritage loss.

Further targets cover improved conservation status, establishment of green infrastructure and
restoration of at least 15% of degraded ecosystems, contribution of agriculture, forestry and
fisheries, and combating invasive alien species.

Notes the importance of spatial planning and land use management in reaching these targets.
United Kingdom/ Scotland
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Wildlife and Countryside Act 1981
as amended
amending legislation includes by the Nature
Conservation (Scotland) Act 2004 and the
Wildlife and Natural
Environment (Scotland) Act 2011
Wildlife and Natural
Environment (Scotland) Act 2011
The Conservation (Natural Habitats, &c)
Regulations 1994 as amended and their
Amendment (Scotland) Regulations 2007

Consolidates and amends existing national legislation to implement the Convention on the
Conservation of European Wildlife and Natural Habitats (Bern Convention) and Council
Directive 79/409/EEC on the conservation of wild birds (Birds Directive) in Great Britain (Note
that Council Directive 79/409/EEC has now been replaced by Directive 2009/147/EC of the
European Parliament and of the Council of 30 November 2009 on the conservation of wild
birds (codified version)).

Sets out protection objectives for specified wild birds, animals and plants. The Act’s various
schedules detail the species that are protected under the Act, including dolphins, porpoises,
and numerous birds such as geese and ducks. This was reviewed and updated in December
2008 and it was recommended that several further species of marine fish should be added to
the lists attached to the Act, including shark, seahorse and ray species.

Provides the legal framework within which activities that impact on protected species constitute
an offence, and makes available powers of enforcement.

Contains measures for preventing the establishment of non-native species which may be
detrimental to native wildlife.
Draws together and updates legislation on nature conservation. In particular, it updates much of
the Wildlife and Countryside Act and focuses on a series of key measures relating to certain land
management activities including the introduction of vicarious liability in relation to the persecution
of wild birds.
Updates the non-native species provision of the Wildlife and Countryside Act 1981. These
amendments enable Scotland to adopt the internationally recognised 3-stage approach to dealing
with invasive non-native species and aim to:

prevent the release and spread of non-native animal and plant species into areas where they
can cause damage to native species and habitats and to economic interests;

ensure a rapid response to new populations can be undertaken; and

ensure effective control and eradication measures can be carried out when problem situations
arise
Transposes the requirements for protection of designated sites under the Habitats and Birds
Directives, and the framework for protection of European Protected Species. Applies in 0-12nm
from the coast. Several marine species are protected by various development consenting regimes
covered by the Act. This includes marine turtles, all species of dolphins, porpoise and whale,
seals and several types of marine fish (Atlantic salmon, barbel etc.)
Part IVA sets out the requirement for the appropriate assessment of a land use plan where it is
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The Offshore Marine Conservation (Natural
Habitats, &c) Regulations 2007 (the Offshore
Marine Regulations)
Conserving Biodiversity – the UK Approach
(2007)
Marine and Coastal Access Act 2009
The Marine (Scotland) Act 2010
likely to have a significant effect on a European site and is not directly connected with or
necessary to the management of the site. It elaborates that the assessment should be undertaken
prior to the (land use plan, marine spatial plan) being given effect and should include consultation
with the appropriate nature conservation body.
The Regulations extend protection to important species and habitats under the Birds and Habitats
Directives beyond UK territorial waters (12-200nm). Give protection to marine species, wild birds
and habitats, mainly through the creation of offences and site protection mechanisms. Provide the
definition of deliberate disturbance applicable to cetaceans, turtles and the Atlantic sturgeon.
Is a framework document for biodiversity, identifying six priorities for implementing biodiversity
objectives within the integrating framework of an ecosystem approach:

Protecting the best sites for wildlife.

Targeting action on priority species and habitats.

Embedding proper consideration of biodiversity and ecosystem services in all relevant sectors
of policy and decision-making.

Engaging people, and encouraging behaviour change.

Developing and interpreting the evidence base.

Ensuring that the UK plays a proactive role in influencing the development of Multilateral
Environmental Agreements, and contributes fully to their domestic delivery.
The key issues covered by the Act comprise: the creation of a Marine Management Organisation
(MMO); planning in the marine area; licensing activities in the marine area; marine nature
conservation; managing marine fisheries; reform of inland and migratory fisheries; modernisation
and streamlining of enforcement powers; administrative penalties scheme for domestic fisheries
offences; and access to coastal land.
Establishes a range of new powers and duties, including but not limited to:

requirement for marine plans to be prepared for inshore (0-12 nm) and offshore (12-200 nm)
waters

development of a network of Marine Protected Areas (MPAs) in the seas around Scotland, to
recognise features of national importance and to meet international commitments for
developing a network of MPAs. Allows for three different types of MPAs to be set up including:
Nature Conservation MPAs; Demonstration and Research MPAs; and Historic MPAs.

a marine licensing regime.
The Act replaces the Conservation of Seals Act 1970. It also introduced improved protection for
seals and a new comprehensive licence system to ensure appropriate management.
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Environmental Report
Nature Conservation (Scotland ) Act 2004
2020 Challenge for Scotland's Biodiversity - A
Strategy for the conservation and
enhancement of biodiversity in Scotland (2013)
Scotland’s Biodiversity – It’s In Your Hands. A
strategy for the conservation and enhancement
of biodiversity in Scotland (2004)
Marine Nature Conservation Strategy
The Non-Native Species Framework Strategy
for Great Britain (2008)
Code of Practice on Non-Native Species – 2
July 2012
Introduced a ‘duty to further the conservation of biodiversity’ for all public bodies, and sets out
more specific provisions within this including for Sites of Special Scientific Interest. Requires the
preparation of a Scottish Biodiversity Strategy, to which all public bodies should pay regard.
Applies to 12nm around Scotland and includes protection measures for marine species.
The 2020 Challenge for Scotland's Biodiversity is Scotland's response to the Aichi Targets set by
the United Nations Convention on Biological Diversity, and the European Union's Biodiversity
Strategy for 2020. It is a supplement to the Scotland's Biodiversity: It's in Your Hands (2004), and
the two documents together comprise the Scottish Biodiversity Strategy.
The 2020 Challenge document aims to increase the general level of biodiversity and natural
heritage and support ecosystems, engage people with the natural world and maximise the benefits
of a diverse natural environment and the services it provides, contributing to sustainable economic
growth. Together, they call for a step change in efforts to halt the loss of biodiversity and restore
the essential services that a healthy natural environment provides, highlighting the need to protect
marine and coastal biodiversity and maintain marine productivity.
The strategy outlines Marine Scotland's vision, aims and objectives for protecting marine
biodiversity. It sets out Marine Scotland’s vision and framework for marine nature conservation
based on a three pillar approach: species conservation; site protection; and wider seas policies
and measures. The strategy outlines how Marine Scotland is implementing the three pillar
approach to marine nature conservation and how this work fits with wider marine planning and
other work under the Marine (Scotland) Act 2010 and the Marine and Coastal Access Act 2009.
Aims to protect against the adverse impacts of invasive non-native species by taking a more
preventative and joined-up approach.
Notes that non-native species are a significant threat to biodiversity and natural heritage worldwide, and also that the distribution of species could be affected by climate change over the coming
years.
When the GB Strategy was launched in 2008, it included a commitment to review the strategy
after five years, a process that formally commenced in September 2013.
Made by the Scottish Ministers under section 14C of the Wildlife and Countryside Act 1981 applies to Scotland only.
The Code sets out guidance on acting responsibly within the law to ensure that non-native species
under the ownership, care and management of individuals do not cause harm to our environment.
The Code applies to animals and plants but not to viruses and bacteria.
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Environmental Report
Water
European
Water Framework Directive 2000/60/EC
United Kingdom/ Scotland
Pollution Prevention and Control Act 1999
Pollution Prevention and Control (Scotland)
Regulations 2000
Water Environment and Water Services
(Scotland) Act 2003 (WEWS Act)
The Water Environment (Controlled Activities)
(Scotland) Regulations 2011
SEPA (2008) River Basin Management Plans
Scotland River Basin District / Solway Tweed
River Basin District
Water Resources (Scotland) Act 2013
Material Assets
International
UN Convention on the Law of the Sea 1982
(UNCLOS)
European
EU Marine Strategy Framework Directive 2007
94
This provides an overarching strategy, including a requirement for EU Member States to ensure
that they achieve ‘good ecological status’ by 2015. River Basin Management Plans (RBMPs)
were defined as the key means of achieving this. Recent Marine Strategy Directive will extend
coverage of coastal waters beyond 1nm.
Implements Directive 96/61/EC (Integrated Pollution Prevention and Control). Regulating
industrial and commercial activities which may cause environmental pollution and to prevent and
control emissions that are capable of causing any pollution.
Transposes the Water Framework Directive into the Scottish context. Aims to protect the water
environment by ensuring a reliable and high quality supply of water, reducing groundwater
pollution, and protecting marine and other waters.
Sets out the process by which activities that have the potential to affect Scotland’s water
environment are regulated. Authorisation under the Controlled Activities Regulations (CAR) is
required for discharging to waters, disposal of pollutants to land, water abstractions,
impoundments and engineering works affecting water bodies.
Notes the key pressures and their environmental impacts on Scottish water bodies including
coastal areas. Key issues affecting coastal areas include diffuse and point source pollution,
organic matter and ammonia, faecal pathogens, toxic substances, and loss of intertidal areas.
Some of these issues may be exacerbated by climate change. Objectives for specific water
bodies can be found in an interactive map on SEPA’s website94. This also shows the variation in
quality of coastal water bodies at present.
Makes provision for the development of water resources in Scotland. Sets out responsibilities of
Scottish Water and Scottish Ministers, placing a duties on both in relation Scotland’s water
resources. Its key elements relate to water abstraction, management of water quality at the
catchment level, and improving efficiency in water and sewerage services.
Defines the rights and responsibilities of nations in their use of the world's oceans, establishing
guidelines for businesses, the environment, and the management of natural resources.
The MSFD is the most recent marine obligation on EU Member States. It extends the
http://www.sepa.org.uk/water/river_basin_planning.aspx
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Environmental Report
(MSFD)
European Integrated Maritime Policy 2007
United Kingdom/ Scotland
Our seas – a shared resource 2009
Aquaculture and Fisheries (Scotland) Act 2007
and 2013
Salmon and Freshwater Fisheries
(Consolidation) (Scotland) Act 2003
Non-statutory Fishery Management
Plans(Voluntary charitable rivers and fisheries
trusts)
National Marine Plan 2015
requirements of the Water Framework Directive (WFD) into seas beyond 1nm. The MSFD
requires Member States to "take necessary measures to achieve or maintain good environmental
status in the marine environment by the year 2020…".
Aims to deliver a sustainable development approach for Europe's oceans and seas. Its scope
includes: a marine transport strategy and new ports policy; research and data collection and
management strategies, and work to mitigate the effects of climate change on coastal regions.
Sets out high level objectives for the UK marine environment. This includes achieving a
sustainable marine economy, ensuring a strong, healthy and just society, living within
environmental limits, promoting good governance and using sound science responsibly.
Renewable energy is strongly supported by the strategy.
Covers fish farms and shellfish farms, referring to operational issues and addressing both
freshwater and sea fisheries.
The Act covers operational aspects of the aquaculture industry, ranging from improving technical
issues (e.g. equipment used in fish farming, escapes, etc.) to outlining payments and penalty
charges relating to aquaculture and fisheries, amongst others.
Allows for the Salmon Conservation Regulations to be made where it is considered necessary to
do so for the conservation of salmon, and relates to fishing in the sea, estuaries or rivers.
Developed, typically at the catchment level by the applicable voluntary Fisheries Trust, and can
set out programmes and objectives for gathering data on the applicable catchment(s) and fish
stocks, to improve understanding and inform management of the salmon and freshwater fish and
fisheries in the plan area.
The NMP is a five-year plan which sets out a national level framework for the management of
Scotland’s marine environment. It aims to achieve the Scottish Government’s vision for the marine
environment of clean, healthy, safe, productive and biologically diverse oceans and seas,
managed to meet the long term needs of nature and people, by delivering strategic objectives that
will:

Achieve a sustainable economy.

Ensure a strong, healthy and just society.

Respect environmental limits.

Promote good governance.

Use sound science responsibly.
It sets the policy framework for regional marine plans and provides direction to marine and
terrestrial planners and decision-makers.
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Environmental Report
A Fresh Start: The renewed Strategic
Framework for Scottish Aquaculture (2009)
(SFSA)
Land Reform Bill
The NMP contains:

The vision for the marine environment, set out in Marine Scotland’s marine vision and agreed
at the UK level in the Marine Policy Statement.

The objectives for the plan based on the Scottish Government’s national objectives, the High
Level Marine Objectives; the criteria for ‘good environmental status’ under the MSFD; and the
climate change objectives set out in the relevant legislation.

Cross cutting general policies focusing on the five pillars of sustainable development.

Sectoral objectives and policies for each of the marine sectors.
Based on three guiding principles: economic, environmental and social, the SFSA is the main
policy instrument to deliver a diverse, competitive but sustainable aquaculture industry in Scotland
and provides a set of parameters within which industry can balance socio-economic benefits
against environmental impact.
A consultation on the future of land reform sought views and input on the draft Land Rights and
Responsibilities Policy and proposals for a Land Reform Bill (2 December 2014- 10 February
2015). The proposals focus on the following themes:

demonstrate long-term commitment to land reform

improve the transparency and accountability of land ownership

address barriers to sustainable development and begin to diversify patterns of land ownership

demonstrate commitment to effectively manage land and rights in land for the common good

address specific aspects of land ownership and rights.
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