ASERA ASSOCIATION OF SEVERN ESTUARY RELEVANT AUTHORITIES 1. Relevant authority : Environment Agency 2. Activity &/or sub-activity: Fishing (commercial) 2.1 Why? (Why is this activity carried out? (if applicable) i.e. maintenance dredging is required to provide safe navigation. Pipeline maintenance is required to ensure safe containment of substances.) There is little or no commercial fishing activity for white fish (marine/estuarine species) within the Severn Estuary. The only commercial operations are associated with the taking of either Atlantic salmon, sea trout and eel/elver. Historically, both salmon and eel/elver have supported a significant local industry, however, both species have seen a dramatic decline in numbers in the last twenty years with a corresponding contraction of the industry / activity. 2.2 Location (Describe the area used for the activity. Please provide annotated maps, co-ordinates, postcodes etc so that this information can be plotted into a GIS) The Environment Agency’s management in the Severn Estuary is mainly aimed at conserving salmon and eel fishing (commercial eel fishing to be covered in a separate pro-forma). Adult Atlantic salmon pass through the estuary every year to spawning grounds in the tributary rivers. The principal salmon rivers are the Severn, Wye, Usk and Taff/Ely. As a general rule fishing in tidal waters is a public right. These waters extend into estuaries and out to 6 nautical miles measured approximately from the normal low tide around the coast. Exceptions to this general rule exist, usually in the form of pre Magna Carta general rights and these rights operate under the authority of Certificates of Privilege. These private rights exist in the Severn Estuary. Despite the publics general right to fish in tidal waters, the right to fish with nets has been limited by local Net Limitation Orders made under the 1975 Salmon and Freshwater Fisheries Act in order to protect migratory salmon and trout. Fishing can also be prohibited under byelaw. For salmon and trout, virtually all fishing in the Severn Estuary has become subject to net limitation, buy-outs or byelaw control. 2.3 Frequency (Describe when/how often the activity occurs.) National and local byelaws dictate the season and methods that can be used for fishing (see “Severn Estuary Salmon Action Plan” 2003) 2.4 How (Describe how the activity is carried out (ie equipment used, number/type of people involved) and the intensity (high, medium, low). Commercial salmon fishing has declined in productivity and importance in the Severn Estuary. Five main methods have been used in the estuary: Drift nets, draft nets (seine or long nets), “fixed engines” (putts and putchers), hand held lave nets and stop boats. All draft net and fixed engine fisheries and a substantial portion of the lave net fisheries are privately owned (for further explanation of each method see EA Severn Estuary Salmon Action Plan 2003). Catches and fishing effort in all estuary fisheries have declined in recent years. The last stop boats finished operating a number of years ago and the drift net fishery based at Newport has been phased out subject to a net limitation order through a buy out financed mainly by private fishing interests. The estuary has also historically supported various forms of commercial sea fisheries including trawling, longlining and the use of beach nets for cod, whiting, bass, sole, plaice and mullet. 106758771 WinLast updated: March 2010 Page 1 of 5 ASERA ASSOCIATION OF SEVERN ESTUARY RELEVANT AUTHORITIES 3. Management 3.1 General (Brief description of your current management.) The Agency’s current management within the Severn is aimed towards the conservation of salmon and freshwater fisheries (again, see commercial eel and elver fishing for details on eel fishing). This is done using the following mechanisms: Setting Net Limitation Orders for salmon and trout net licences. NLO’s cannot however be subject to review under the Hab Regs. They are for a fixed period (usually 10 years) and, as they are signed off by the Minister, the Agency cannot undertake a review. Setting Byelaws. The illegal capture of salmon whilst ostensibly fishing for sea fish has been a long standing problem and historically significant. Since 1992, sea fishing in areas controlled by the Environment Agency has been highly restricted by byelaws under the Salmon Act 1986. This was done to allow free migration of salmon and the massive illegal fishery was successfully shut down. Regulating and enforcing. Virtually all fishing in the Severn Estuary has become subject to net limitation orders, fisheries byelaw control or buy -outs. These mechanisms for the control of fishing can play an important role towards the conservation of fisheries within the Severn Estuary. 3.2 Management objectives (Why are you managing this activity - if different to 2.1 above (please identify if no management)? The Environment Agency’s principal aim is to maintain, improve and develop fish stocks, the basic fisheries resource, in order to optimise the social and economic benefits from their sustainable exploitation. 3.3 Your role (Describe your role in relation to the activity (e.g. statutory duty, control due to land ownership, part of normal working operations etc) The Agency acts as a Sea Fisheries Committee under the terms of the Sea Fisheries Regulation Act 1996 for some areas of the Severn Estuary. In such areas it has powers to regulate sea fisheries under the Sea Fishery Regulation Act 1966 and the Sea Fisheries (Conservation) Act 1967. The Agency therefore has responsibilities for management of inshore fisheries out to 6 nautical miles from UK baselines. The Environment Agency also has a statutory remit to licence and regulate commercial eel fishing under the Salmon and Freshwater Fisheries Act 1975 (SAFFA). The Agency can set byelaws under the Salmon Act 1996. The Environment Agency also has a statutory remit to licence and regulate commercial eel fishing under the Salmon and Freshwater Fisheries Act 1975 (SAFFA). The Agency’s involvement in this activity is outlined in a separate “eels and elver fishing” pro-forma. 3.4 Existing regulation (Describe any existing regulation for the activity.) The South Wales Sea Fisheries Committee regulates sea fisheries in the northern part of the Estuary westwards from approximately the mouth of the Rhymney River, Cardiff. Elsewhere, the Environment Agency Acts as the Sea Fisheries Committee (See 3.3 above for Environment Agency regulatory role). DEFRA deals with quota management and the licensing of fishing vessels and through its British Sea Fisheries Officers and the Royal Navy Fisheries Protection Squadron enforces UK and EU legislation. 106758771 WinLast updated: March 2010 Page 2 of 5 ASERA ASSOCIATION OF SEVERN ESTUARY RELEVANT AUTHORITIES The Eels (England and Wales) Regulations 2009 (enacted 15.01.10) 3.4.1 Nature Conservation (Does regulation of the activity already provide for the integration of nature conservation interests? (Included to provide details of what measures already exist to incorporate safeguards for conservation into current working practices). Statutory duties are placed on the Agency by the Environment Act 1995. Section 4 of the '95 Act places a duty on the Agency to protect and enhance the environment, taken as a whole, so as to contribute towards attaining the objective of sustainable development. Sections 5, 6 and 7 of the '95 Act place duties on the Agency to prevent, minimise, remedy or mitigate the effects of pollution of the environment, and to promote conservation and recreation. The Agency also has a statutory duty under the NERC Act.2006 (Part 3, Section 40) to conserve biodiversity. 3.5 Other management 3.5.1 Is your organisation developing any plans/initiatives/codes of conduct in relation to the activity? (please give details & web site reference if available). “Severn Estuary Salmon Action Plan ” – Environment Agency 2003 “National Eel Management Strategy” – Environment Agency 2001 (see separate eel and elver fishing pro-forma for further details) Allis and twaite shad – a conservation message – Environment Agency The Fisheries Advisory service is available to the public, anglers and fishery owners, free of charge. Anyone looking for general advice or an answer to a specific problem or query relating to fish, fishery management and freshwater biology can contact the Environment Agency. www.environment-agency.gov.uk www.environment-agency.wales.gov.uk Furthermore, numerous bylaws exist depending on the location of the activity. 3.5.2 Are you aware of any other plans/initiatives in relation to the management of the activity (please give web site reference if available) The following may have plans or initiatives relating to the management of fisheries DEFRA/National Assembly for Wales – www.defra.gov.uk South Wales Sea Fisheries Committee – www.swsfc.org.uk Queens Buildings Cambrian Place Swansea SA1 1TW Tel (01792) 654466 Institute of Fisheries Management www.ifm.org.uk/index.html - The Institute of Fisheries Management (IFM) is an international organisation of persons sharing common interest in the modern management of recreational and commercial fisheries. North Atlantic Salmon Conservation Organisation (NASCO) 3.5.3 Outline any other known management of the activity (e.g. recreational clubs, voluntary groups). See 3.4 & 3.5.2 Eel Management Plans for the UK. Defra. 2008 106758771 WinLast updated: March 2010 Page 3 of 5 ASERA ASSOCIATION OF SEVERN ESTUARY RELEVANT AUTHORITIES 4. Current information 4.1 Monitoring/research (Are you undertaking any current monitoring/research of the activity?) Environment Agency core monitoring for migratory fish only: Temporal Monitoring Temporal monitoring looks at trends in fish populations and catches over long time periods –30 years or more - and is useful for detecting background changes such as the impact of climate change. Temporal sites are sampled every year – the minimum practical interval for fish - so that trends can be detected as quickly as possible. Even so the programme can only detect significant trends over periods of >30 years or so. Spatial Monitoring Spatial surveys aim to show differences between groups of sites, either in the same survey or between two or more surveys at different times. Unlike temporal monitoring, where return period drives statistical power, spatial survey power is governed by the number of sites in each group being compared. Consequently, spatial monitoring looks at many sites, but only every 5 years. Sentinel Monitoring Reflecting the fisheries legislation and income streams, the core programme concentrates on waters that are significant fisheries. However, recognising its Conservation duties the Environment Agency is also collecting some data about fish in other waters. This sentinel programme looks at data to address whether there is any reason to suspect that the fish population is not self-sustaining. 4.2 Why is it carried out? Information on fish migration, recruitment, population distribution and dynamics is limited. The Environment Agency core monitoring aims to provide the function with key fishery and fish population data that meet its business needs. 4.3 Please list any research/monitoring reports and their format (e.g. paper, GIS, please give web site reference if available) Details of numerous annual reports, research developments and management initiatives area available from: National Salmon and Trout Fisheries Centre Environment Agency Wales 29 Newport Road Cardiff CF24 0TP 4.4 Are you aware of anyone else who carries out monitoring/research of the activity? The following organisations may carry out their own research of the activity: South Wales Sea Fisheries Committee – www.swsfc.org.uk Queens Buildings Cambrian Place Swansea SA1 1TW Tel (01792) 654466 Devon Sea Fisheries Committee Tel: 01803 854648 DEFRA/National Assembly for Wales – www.defra.gov.uk CEFAS – Centre for Environment, Fisheries and Aquaculture Science. www.cefas.co.uk 106758771 WinLast updated: March 2010 Page 4 of 5 ASERA ASSOCIATION OF SEVERN ESTUARY RELEVANT AUTHORITIES Institute of Fisheries Management www.ifm.org.uk/index.html - The Institute of Fisheries Management (IFM) is an international organisation of persons sharing common interest in the modern management of recreational and commercial fisheries. European Register of Marine Species This site holds details of the research consortia funded by the EU under the MAST (Marine Science and Technology) programme. It aims to produce a register of marine species in Europe with links to identification guides, register of experts and collection locations to help marine biodiversity research and management. The site is searchable by specific species North Atlantic Salmon Conservation Organisation (NASCO) 106758771 WinLast updated: March 2010 Page 5 of 5