UAF/EU/DCAL/D2
4-2-11
Ulster Angling Federation
Mixed Stock Interceptory Fishery for salmon in the coastal area of Northern Ireland
(UK)
Request to the EU for the commencement of infraction proceedings against
The Government of Northern Ireland (UK) for breach of the Habitats Directive
Index
Abstract
1
Background
2
River Finn
3
Salmon Netting in the adjacent Northern Ireland (UK) Department of Culture Arts
and Leisure area.
4
Agri-food and Biosciences Institute (AFBI) Report
5
Complaint to EU
6
International Forums
7
Conservation Efforts by Anglers
8
Precedents
9
Maladministration by Northern Ireland Department of Culture Arts and Leisure
10
Action by European Union
11
Contacts
Abstract
A Mixed Stock Interceptory Fishery for salmon in the coastal area of Northern Ireland
(UK) is taking fish destined for many rivers in Northern Ireland, and the river Finn in
county Donegal in Ireland, an SAC under the EU Habitats Directive, which has not met
its Conservation Limit for some years. Therefore the commercial fishery is in clear
breach of the Habitats Directive and immediate action by the EU is required to stop this
damaging net fishery.
Page 1 of 8
UAF/EU/DCAL/D2
4-2-11
Abbreviations used in the text:
AFBI
CL
DCAL
EU
ICES
LA
NASCO
NASF
NASF(NI)
NI
SAC
UAF
UK
Agri-food and Biosciences Institute
Conservation Limit
Northern Ireland Department of Culture Arts and Leisure
European Union
International Council for the Exploration of the Sea
Loughs Agency
North Atlantic Salmon Conservation Organisation
North Atlantic Salmon Fund
North Atlantic Salmon Fund (Northern Ireland)
Northern Ireland
Special Area of Conservation
Ulster Angling Federation
United Kingdom
Figures
Fig 1
Fig 2
Fig 3
Fig 4
Fig 5
Map showing River Finn
River Finn salmon counter records
Graph of Foyle Area adult salmon total populations
DCAL Area Salmon sea Mixed Stock Interceptory Fishery catch
record
NI Sea Fishery Areas for Salmon
Appendices
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Appendix 10
Appendix 11
Appendix 12
Appendix 13
Appendix 14
Appendix 15
AFBI Report on the DCAL Area Salmon sea Mixed Stock
Interceptory Fishery 20-8-07
DCAL Letter 27-9-07
DCAL Letter of 6-4-07
UAF Letter of 22-10-08
DCAL Letter of 14-11-08
River Finn SAC Designation 12-12-08
UAF Letter of 15-1-09
NASF Letter of 15-1-09
NASF (NI) Letter of 17-1-09
DCAL News Release 11-2-09
DCAL - UAF Meeting Agenda 6-7-09
Extract from NASCO “Guidelines for the Management of Salmon
Fisheries” 2009
Extract from NASCO CNL(10)8 Report of the ICES Advisory Comm.
2010
UAF Letter of 29-12-10
DCAL Letter of 17-1-11
Page 2 of 8
UAF/EU/DCAL/D2
1
4-2-11
Background
The salmon resource in this area is delicate and needs careful nurturing if it is to survive.
For a variety of environmental reasons the fish are simply no longer available in the
numbers once present. In this era of low numbers, anglers have continued to expend
very considerable efforts to combat the freshwater threats in the form of pollution, hydro
electric schemes, development, habitat degradation, poaching etc. The anglers have
undertaken protection and overseen quite considerable habitat improvements, with a
large element of voluntary work by themselves.
The recent very substantial Pricewaterhouse Cooper Report for the Northern Ireland
Department of Culture Arts and Leisure on the value of angling in NI clearly
demonstrates, as have all similar reports, that exploitation by rods will always achieve a
greater economic return than netting. This Report states than angling in NI support some
800 full time equivalent jobs, and is worth some £40m p.a. to the NI economy, mostly
from game angling. If jobs/economic benefit is to form any part of this decision making
process, then the only possible conclusion will be to stop all netting immediately and
develop the rod fishery.
In the Irish Republic and in the cross-border Loughs Agency Area, mixed stock
interceptory netting has been stopped on conservation grounds.
2
River Finn
This river rises in Co. Donegal and joins the main river Foyle at Strabane in Co.
Londonderry. (Fig 1) It has been designated by Ireland as a Candidate Special Area of
Conservation under the EU Habitats Directive with the Atlantic salmon cited as a primary
reason for designation of the site. (App 5)
The annual productivity of salmon in the whole Foyle area has fallen from around
125,000 fish in the 1960s; to around 65,000 fish in the period 1970 to 2000; to less than
20,000 in recent years, a decline of some 80%. Please refer to the graph enclosed. (Fig
3)
The cross-border Loughs Agency is the responsible fishery authority for the river Finn;
the LA is a cross-border body created by legislation in both jurisdictions and funded by
the Governments of the UK and Ireland. The LA have established a Conservation Limit
for the River Finn of 4,328 fish, with a consequent Management Target of 5,410 fish. The
number of salmon ascending the river is recorded by a fish counter operated by the
Loughs Agency and the details are enclosed (fig 2). It will be seen that the river has
failed to meet its targets in recent years by a considerable margin. As a result in May
2010 the Loughs Agency has suspended all salmon netting in its jurisdiction for at least 5
years.
Page 3 of 8
UAF/EU/DCAL/D2
3
4-2-11
Salmon Netting in the adjacent Northern Ireland (UK) Department of Culture
Arts and Leisure sea area.
Despite a long series of meetings and correspondence over a number of years (a
selection of these is set out at Appendices 2 to 15 inclusive) between anglers and DCAL,
this Department continues to protect the Mixed Stock Interceptory Fishery which has
been damaging a large number of rivers in NI that are not meeting their Conservation
Limit, and also the SAC River Finn. This sea fishery consists of the following nets;
Two drift nets.
Three fixed bag nets.
Two tidal draft nets.
A total of 7 nets.
4
Agri-food and Biosciences Institute (AFBI) Report
This body is the established Institute for providing the NI Government with scientific
advice, and on 20-8-07 published their report setting out the effect of the Mixed Stock
Interceptory Fishery for salmon in the coastal area of Northern Ireland (UK). (Appendix
1). The Fishery Conservancy Board Area is now known as the DCAL area following a
reorganisation of Government departments. The conclusion is very clear, that the fishery
is in fact a Mixed Stock Interceptory Fishery. This was confirmed in the letter from DCAL
of 27-9-07 (App. 2).
5
Complaint to EU
Contact Person
Tel
Jim Haughey, Chairman, Ulster Angling Federation
0044 28 9045 4462
0044 78 5038 9831
Email jim_haughey@yahoo.co.uk
Member states concerned; UK; Ireland
Regions concerned; Northern Ireland (UK); Donegal (Ireland)
The case has a direct link to Community nature conservation legislation; 92/43 the
Habitats Directive.
Page 4 of 8
UAF/EU/DCAL/D2
4-2-11
Description of complaint;
We submit that the Northern Ireland Government at Stormont, Belfast, being the
licencing and enforcing authority for the NI off shore salmon net fishery, is in
contravention of the spirit, principles, and the letter of the provisions of the EU
Habitats Directive in the following respects. The responsible Department is DCAL.
They have failed to make an appropriate assessment under article 6(3) of a plan or
project likely to have a significant effect on the conservation status of a species (Salmo
Salar) for which a Candidate Special area for Conservation has been identified in Ireland.
They have licenced and allowed the killing of an Annex II directed species without taking
account of or consulting other member nations on the impact upon their SAC of that
licenced activity.
They have failed to designate a site that is a clearly identifiable area representing factors
essential to the life and reproduction of an Annex II species i.e. a salmon migration route.
(Article4)
They have failed to adequately address the community importance of sites included on
the national list of another member state; not recognising the geographical importance of
sites in relation to migration routes of species in Annex II.
We believe that the sea fishery outwith the designated site of the River Finn, but affecting
stocks within the site, may be considered as a “plan” or “project” under the Directive (as
defined in Article 6), and therefore requires the member state (NI UK) to consider the
effects of the plan/project within the jurisdiction of NI (UK).
All or any one of the above submissions represents good reason for this matter to be
addressed as a matter of prime importance and urgency by your commission.
We have contacted the responsible authorities in our member state (NI UK) concerning
our case, but they have consistently refused to take action - see enclosed letters etc. in
the Appendices.
We are not aware that any EU financing is involved.
General description of site affected;
River Finn, County Donegal, Ireland.
Next big city close by; Londonderry.
Designated as a Candidate SAC.
Figure 2 shows the numbers of salmon entering the river compared to the Conservation
Limit; the river is in a very poor state, and the complete collapse of the stock is in
prospect.
Page 5 of 8
UAF/EU/DCAL/D2
4-2-11
The mixed stock interceptory salmon sea net fishery in NI (UK) is exploiting the stock of
this river and causing great harm.
No Environmental Impact Assessment has been carried out.
The mixed stock interceptory salmon sea net fishery in the loughs Agency area has been
suspended, and will remain off until the river reaches its CL for 4 out of 5 years. Please
refer to the Loughs Agency for details.
The solution is to stop all sea netting in the DCAL area.
Severe restrictions on rod angling in the river Finn have been introduced; salmon may
not be killed; all angling is on a catch and release basis.
The Government of NI has told us that funds have been set aside to compensate the
netsmen, but political influences have stopped this being carried out.
6
International Forums
6.1
According to the NASCO “European Union – UK (Northern Ireland)
Implementation Plan IP(07)11 Final” the River Bush Index river has failed to meet it’s
Conservation Limit in 9 out of the last 10 years. (Page 18 cl. 2.1). Why should Northern
Ireland protect a form of commercial fishing which is regarded as utterly unacceptable by
the rest of Europe?
6.2
ICES reports for a number of years have clearly stated that only those stocks
which are above their Conservation Limit should be fished, and that “mixed stock
fisheries present particular threats to stock status”. (App 11)
6.3
NASCO Policy follows closely the guidance provided by ICES in respect of
Mixed Stock Interceptory Fisheries, and goes further to advise the use of the
Precautionary Principle in respect of netting, which is clearly being ignored by DCAL.
(App 10).
7
Conservation Efforts by Anglers
The anglers have always taken the lead in salmon conservation, with many having
adopted a voluntary “catch and release” policy for some years now, whilst continuing to
look out for pollution, habitat degradation, poaching etc. Meanwhile netting continues
unhindered.
Page 6 of 8
UAF/EU/DCAL/D2
8
4-2-11
Precedents
8.1
The Government of Ireland stopped the widespread Mixed Stock Interceptory
Salmon Fisheries at sea which were causing so much damage to salmon stocks
following severe complaints from anglers.
8.2
The Loughs Agency stopped the Mixed Stock Interceptory Salmon Fisheries at
sea, in Lough Foyle, and in the river Foyle, which were damaging the run into the river
Finn SAC; this to avoid infraction under the Habitats Directive.
9
Maladministration by Northern Ireland Department of Culture Arts and
Leisure
Over the years that the Ulster Angling Federation has endeavoured to stop the Mixed
Stock Interceptory Salmon Fisheries at sea, the Northern Ireland Department of Culture
Arts and Leisure has behaved in a regrettable manner, and has misled the anglers as to
the reason why action is not being taken to stop the Mixed Stock Interceptory Fisheries.
There is always some excuse, such as more research is needed, etc. However this is
simply a time wasting ruse to disguise the fact that they wish to protect the Mixed Stock
Interceptory Fisheries. In the face of this intransigence, action is required by the EU to
protect what little remains of the salmon fishery in the river Finn.
10
Action by European Union
Our angling member organisations remain committed to conservation of the rivers and
the fish, but for quite a number of years now, they have been on their own as DCAL has
simply not functioned in this area.
The decisions on salmon by recent NI Government administrations have been a defence
of the status quo in the hope that “something will turn up” and a catalogue of missed
opportunities. We are now at a critical point in the battle to conserve the salmon and it is
vital that the right decision is made to protect this wonderful fish.
We request that the EU commence infraction proceedings against the Government of
Northern Ireland (UK) for breach of the Habitats Directive, and thereby force them to shut
down this damaging Mixed Stock Interceptory Fishery.
Page 7 of 8
UAF/EU/DCAL/D2
11
4-2-11
Contacts
Loughs Agency
22 Victoria Road
Londonderry
BT47 2AB
Northern Ireland
UK
Contact: Mr John McCartney
Tel 0044 28 7134 2100
Department of Culture Arts and Leisure
Causeway Exchange
1-7 Bedford Street
Belfast
BT2 7EG
Contact: Mr Mick Corry
Tel. 0044 28 9025 8825
Page 8 of 8