PROPOSED CONSERVATION MEASURES TO INTRODUCE A LICENSING SYSTEM FOR KILLING WILD SALMON IN SCOTLAND STRATEGIC ENVIRONMENTAL ASSESSMENT ENVIRONMENTAL REPORT NON-TECHNICAL SUMMARY APRIL 2015 Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary Environmental Assessment Team Planning and Architecture Division Directorate for Local Government and Communities Scottish Government 2 April 2015 2 Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary Introduction 1. Scottish Ministers are currently consulting on proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland. What is Strategic Environmental Assessment? 2. Strategic environmental assessment (SEA) identifies the likely significant environmental impacts of plans and policies, and alternatives to them. Taking place at an early stage in the plan or policy preparation process, it ensures that decisionmaking is informed by relevant environmental information. SEA provides opportunities for the public to consider this information and use it to inform their views on a draft plan or policy. 3. This report summarises the findings from the SEA of the proposed conservation measures. This is required by the Environmental Assessment (Scotland) Act 2005 because the proposed measures have the potential to give rise to significant environmental effects. Screening and scoping were carried out in December 2014. What are the proposed conservation measures? 4. Wild Atlantic Salmon (Salmo salar) is a protected species under Council Directive 92/43/EEC (the Habitats Directive). The report of the independent Review of Wild Fisheries (WFR) , published in October 2014, recommended that Scottish Ministers take immediate action to conserve wild salmon. 5. A consultation document was published on 6 February 2015, seeking views on proposed conservation measures. These comprise: Prohibiting the taking of wild salmon – by any method – except under licence from Scottish Ministers. Specifying the equipment which would be prohibited when fishing by rod and line. The use of carcass tagging as a tool to ensure compliance with the licensing regime. 6. The measures will be delivered by secondary legislation. How was the SEA undertaken? 7. A series of key questions (‘strategic environmental assessment objectives’) is used to structure this strategic-level appraisal. Information about the existing marine and freshwater environment has been used to inform the appraisal and define these appraisal objectives. The appraisal identifies the positive and negative effects of the proposed measures on biodiversity, flora and fauna; the ecological status of water bodies; and material assets. The significant impacts are described in detail in the Environmental Report. Social and economic effects will be assessed by a Business and Regulatory Impact Assessment that will accompany the secondary legislation when it is laid in the Scottish Parliament. Which reasonable alternatives have been assessed? 8. A potential alternative could be to only protect the most vulnerable stock, i.e. spring stocks. However, this would protect spring salmon only during the first months that they enter into the river. It would not act to protect other stocks or spring 2 April 2015 i Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary salmon later in the year. This alternative would not achieve the policy aims and has been discounted as not being reasonable. No other potential reasonable alternatives were identified during the SEA. Figure NTS1. Distribution of Atlantic salmon in Scottish rivers1 What is the current state of the environment? Atlantic salmon 9. Atlantic salmon (Salmo salar) live in fresh water as juveniles and migrate to sea before returning to spawn in fresh water as adults. There are 398 rivers supporting salmon in Scotland (Figure NTS1). Their life cycle is illustrated in Figure NTS2. 10. In fresh water, salmon require good water quality, gravel for spawning, coarse boulder/ cobble/ pebble substrates for fry and parr, an abundant supply of invertebrate prey, and unimpeded access to and from the sea. In the sea they need nutrient-rich cold water with abundant food supplies (plankton, squid, and small fish). 1 Source: Malcolm et al (2010), p 3. 2 April 2015 ii Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary Figure NTS2. Atlantic salmon life cycle 2 3 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 2 3 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 and Robertson (2013). 2 April 2015 iii Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary 11. Atlantic salmon are protected by international, European and Scottish policy. One example is the Convention for the Conservation of Salmon in the North Atlantic Ocean (1982), which established the North Atlantic Salmon Conservation Organization (NASCO), and 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. At European level, there are 17 Special Areas of Conservation for Atlantic salmon in Scotland (Figure NTS3). They are also a priority marine feature in Scottish territorial waters, which covers the marine part of their life cycle. (The Environmental Report has more information about the protection of salmon.) Figure NTS3. Locations of SACs designated for Atlantic Salmon4 12. The abundance of wild Atlantic salmon stocks in Scotland is estimated from information about reported catches (from both rod and net fisheries), as well as information from fish counters and fish traps. This information shows that the reported catch by the net fisheries has declined steadily since 1952 (Figure NTS4). In contrast, the catch by the rod fisheries shows an overall increase over the same period. This is thought to be due to an increase in the number of fish entering rivers, as a result of the decreased catch and effort by marine fisheries in Greenland and the Faroe Islands, and by the net fisheries along the coast of Scotland. It is worth remembering that these are national figures: the status of stocks in individual catchments, for example, may be different 4 Source: Malcolm et al (2010), p.4. 2 April 2015 iv Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary 13. Between 1952 and 1980, the net fisheries took most of the catch. By the late 1980s, the total catch was divided relatively evenly between the three fishing methods. After this the rod and line fishery has taken the largest share of the catch. Figure NTS4. Annual reported catch of salmon (caught and retained) in Scotland, 1952-2008, by method5 14. Scottish salmon stocks are generally described as spring, summer and autumn stocks. Spring stocks have been in decline since 1952. Numbers appear to have stabilised in the last two decades, although at an historically low level. Summer and autumn stocks have increased (Figure NTS5). Figure NTS5. Trends in catch by stock component (rod and line) Freshwater pearl mussels 15. Freshwater pearl mussels (Margaritifera margaritifera) live at the bottom of clean fast-flowing rivers, partially or completely buried in coarse sand or fine gravel sediments. They require clean, cool and well-oxygenated soft water. The presence 5 Source: Crawley (2010), p. 33. 2 April 2015 v Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary of young salmon or trout is also an important factor in their early development: as larvae they attach themselves to fish gills, where they grow in the oxygen-filled environment that these provide. After about a year, they detach to live in the river bed, where they continue to grow to adulthood (a period of about 12 years). 16. Freshwater pearl mussels are a critically endangered species. In Scotland there has been a significant decline in the number of rivers that support them. Population declines have been linked to factors such as pearl-fishing, pollution, acidification, organic enrichment, siltation, river engineering, and declining salmonid stocks 17. Freshwater pearl mussels are protected by the Habitats Directive, and there are 19 Special Areas of Conservation for them in Scotland. Seven of these overlap with SACs for salmon. Other species 18. Other species, such as lamprey, share habitat with Atlantic salmon and trout. Several river SACs are designated for both Atlantic salmon and Lamprey (i.e. one or more of Brook, River or Sea lamprey). Bycatch of lamprey in salmon fishing nets has not been reported as an issue. Water 19. Many of Scotland’s surface waters are in a good or excellent condition. Targets were set in the 2009 River Basin Management Plans to reduce pollution; reinstate fish passage where there are man-made barriers to migration; restore damaged habitats; and mitigate the over-abstraction of water. Work to meet these targets is on-going. Table NTS1. Ecological status/potential of surface water bodies in Scotland Status parameter water quality water flows and levels physical condition of beds, banks and shores fish passage protection from invasive non-native species overall status Ecological status/potential of surface water bodies (%) high/good moderate poor/bad 83 15 2 87 11 2 84 9 7 85 99 4 1 11 0 62 22 16 20. Changes to physical habitat, barriers to fish migration and reductions in flow are all key pressures for salmon. For example, 12% of water bodies in Scotland are considered to be at less than good ecological status/potential because of barriers to fish migration. Material Assets 21. Salmon fishing, both netting and angling, rely on the quality and resources of the natural environment for their economic activity. Salmon is mostly fished in Scotland by three methods: angling by road and line, mostly in inland waters; net and coble (a kind of boat) in inland and coastal waters; and 2 April 2015 vi Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary fixed engines in coastal waters, e.g. bag and stake nets. 22. Salmon fishing rights are private heritable titles. While the right to fish is held as personal property, the fish themselves belong to no-one until they are caught. It is a criminal offence to fish for salmon without the legal right or written permission from the owner of the right. 23. Catch and fishing effort in the net fisheries has progressively declined since 1952, particularly since the 1980s, and is currently at historically low levels. At one time net fisheries operated around much of Scotland’s coast, but now are fishing in the areas shown in Figures NTS6 and NTS7. Figure NTS6. Active Coastal Net Fisheries (2013) Figure NTS7. Active Net and Coble Fisheries (2013) 24. Rod catch, in contrast to the net fisheries, has remained relatively stable and now comprises the greatest proportion of the catch (Figure NTS4). 25. It is difficult to provide an overview of the economic value of the combined commercial and recreational salmon fishing industry, as there are significant gaps in the data. Data from 2004 indicate that coarse and game angling in Scotland resulted 2 April 2015 vii Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary 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 them in rural areas. 26. 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). 27. Atlantic salmon is a cultural icon throughout its North Atlantic range. This is reflected in the symbology of salmon in Scotland (e.g. through place names, carvings on standing stones, etc) and in the value placed on it by the people in Scotland6. Salmon fishing has been a traditional activity in Scotland, probably since before records began, and salmon has been a key item of trade with mainland Europe, England and elsewhere since at least the 13th century. Existing Environmental Problems 28. There are many pressures on Atlantic salmon. Some are natural and some are the result of human activities. These are summarised in Figure NTS8. Figure NTS8. Potential risks for wild Atlantic salmon 6 according to a survey undertaken on behalf of SNH. 2 April 2015 viii Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary What are the likely significant environmental effects of the proposed conservation measures? 29. This SEA has undertaken a high-level assessment of the proposed measures. A summary is provided in the following paragraphs. Will the proposed conservation measures safeguard aquatic ecosystems, including species and habitats, and their interactions? 30. 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. 31. 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. 32. 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. 33. The measures proposing to introduce a carcass tagging scheme are procedural in nature, but would assist in compliance with the regulatory regime. 34. 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 opportunities for distribution and reproduction. Will the proposed conservation measures maintain or work towards good ecological status? 35. 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. Will the proposed conservation measures maintain the environmental quality and resources which support economic activities? 36. 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. 37. It is not considered that short-term dis-benefits would adversely affect the cultural heritage aspects of the salmon fishing industry. Indeed, the long-term benefits (i.e. the sustainability of the industry) would outweigh the short-term disbenefits by ensuring that traditional activities continue into the future. The iconic status of the salmon would also be more likely to be secured. 38. The Business and Regulatory Impact Assessment will assess the potential socio-economic effects of the proposed conservation measures. 2 April 2015 ix Proposed conservation measures to introduce a licensing system for killing wild salmon in Scotland Environmental Report: Non-Technical Summary What are the likely combined effects of the proposed conservation measures with other plans, when viewed together? 39. The cumulative effects of the proposed conservation measures and other plans, programmes and policies 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. What happens next? 40. The consultation on the proposed conservation measures and the accompanying Environmental Report is now open, and will close on 30 April 2015. Views on the Environmental Report, and the proposed conservation measures, are invited. 41. 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, explaining how issues raised in the SEA, and associated views in response to the consultation, have been addressed. How do I respond to the consultation? 42. 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). 43. Please send your response, by 30 April 2015, to: By email to salmonandrecreationalfisheries@scotland.gsi.gov.uk or By post, to: Jackie McDonald Scottish Government Area 1-B North Victoria Quay Edinburgh EH6 6QQ 44. 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. 2 April 2015 x