The exact wording of the byelaw is replicated at the end of this document.

Transcription

1 COARSE FISH REMOVAL BY ROD AND LINE As a rule, fish in stillwaters belong to the fishery owner or occupier, while fish in rivers are not owned. Because of this difference we need to split the byelaws to cover rivers and stillwaters separately. Rivers What will the byelaw do? The byelaw allows anglers to take: 15 small fish (up to 20cm) per day of those listed in Schedule 1 (see below). 1 pike per day of up to 65cm (approx 5lb) 2 grayling per day of 30-38cm. The Schedule 1 list excludes tiddler and non-native species, allowing these to be taken without restrictions. It also excludes ornamental varieties of the listed species, allowing these to be taken. Note that these limits are subject to the permission of the fishery owner or occupier. However, if an owner or occupier sets tighter limits, enforcement will be their responsibility. The exact wording of the byelaw is replicated at the end of this document. What is the rationale for these limits on rivers? There is no evidence to suggest that the current level of coarse fish removal by anglers is impacting on the conservation of coarse fish species generally. Within reasonable limits, taking coarse fish is unlikely to impact on overall numbers. But it can affect the make-up of the stock, and have serious impacts on the fisheries they support. In particular, specialist or specimen coarse fishing places particular value on large mature fish. The value of many of our river coarse fisheries centres on the quality of the fishing provided by large fish which may have taken many years to reach such a size. While we need to protect the mature fish that provide sport for anglers, this does not justify a complete ban on taking coarse fish. In the absence of a strong conservation argument, this would be open to challenge as the removal of a basic right. We must also recognise that the taking of small fish for bait is an important part of predator fishing; there is no evidence that this is damaging stocks and therefore should be allowed to continue. The byelaw must achieve an acceptable balance. It must protect mature fish for the benefit of anglers and fishery owners, while allowing sufficient small fish for predator angling. We also need to allow for those species that are traditionally taken for eating pike and grayling. Current levels of exploitation do not appear to have affected stocks of these species, and so removal should be allowed, though again we need to protect the most valuable fish. Allowing anglers to take one

2 pike per day up to 65cm (approx 5lb), protects the larger pike while allowing an angler to take a fish sufficiently large to eat. Two grayling per day between 30 and 38cm will protect not only the specimen grayling, but also the juveniles that have yet to spawn. There is no reason to restrict the taking of tiddler species. Those that are targeted by anglers, primarily bleak and gudgeon, are generally prolific anyway. While spined loach and bullhead have conservation status, they are rarely caught by anglers. We have included hybrids of the listed species, simply because anglers may be uncertain over identification. But we have excluded ornamental and coloured varieties, koi carp for example these should not be in rivers and anglers should not be compelled to return them. The same principle applies to non-native species; these are not listed, allowing anglers to take them where this is appropriate. We recognise that occasionally there may be good reason to relax the rules, allowing other species to be taken, or higher limits for pike or grayling. For example, where pike have become established in a salmon river through illegal stocking. The byelaw will allow us to give a special written permission in these situations. Stillwaters What will the byelaw do? The byelaw allows anglers to remove fish with the owner/occupier s written permission only. The exact wording of the byelaw is presented at the end of this document. What is the rationale for this approach to stillwaters? Fish in stillwaters usually belong to a fishery owner or occupier. We need to ensure that the byelaw does not conflict with their right to decide whether their fish may be taken. We also need to avoid conflict with existing offences of theft. A byelaw that allows any removal of fish from stillwaters conflicts directly with the fact that the fish belong to the owner or occupier. While the owner or occupier would be free to apply tighter rules, anglers breaking those rules would be guilty only of theft; there would be no fisheries byelaw offence and therefore no Environment Agency enforcement. On the other hand a byelaw that prohibits the removal of fish from stillwaters also conflicts with owner s rights. An owner would be guilty of an offence for taking, or allowing others to take, fish that already belong to him! This clearly does not work. The solution is to only allow fish to be taken with the owner or occupier s written permission. This would normally be given through fishery rules printed

3 on permits or day tickets. If an angler removes fish and does not have written permission, then he commits a byelaw offence. In those situations where there is no clear owner of a stillwater, anglers will not be able to remove fish, ensuring that these sites are protected. Does the byelaw conflict or duplicate the provisions of the Theft Act? The Theft Act protects private fishing rights, and for stillwaters it protects fish in the sense that they are the private property of the owner or occupier. This protection will be unaffected. The purpose of the byelaw is not to protect private rights or property, but to ensure protection of anglers sport and the resulting income for fishery owners and occupiers. Eels and shad What will the byelaw do? The byelaw prohibits the removal of these species by rod and line. They are migratory species and therefore this restrictions applies seaward to 6 nautical miles (the extent of our fisheries jurisdiction). Why prohibit removal of eels? Eel stocks have suffered a severe decline across the whole of Europe. Under new European regulations we are introducing tighter controls over eel and elver net fishing over the next two years. Mandatory catch and release for angling will complement these net restrictions. It also avoids the need to report anglers eel catches to Europe which will require us to introduce a catch return system for rod caught eels. Given that relatively few eels are taken by anglers, and the widespread support of the angling community, we think that a complete ban on removal of eels by angling is justified. Why prohibit removal of shad? There are two species of shad. Both are protected through conservation legislation. It illegal to fish for or take Allis shad, and we expect this to soon be the case for Twaite shad. The Marine and Coastal Access Act 2009 extends our byelaw powers to shad, and therefore we a taking this opportunity to prohibit their removal by rod and line. While this may duplicate conservation legislation, it makes it clear to anglers that any shad caught must be returned. Keepnets The purpose of this part of the byelaw is to clarify that the restrictions do not apply to fish kept in a keepnet or keepsack and subsequently released. Schedule 1 This lists the fish species to which the byelaw applies. Coarse fish species not on this list may be taken. Schedule 2 A small number of large natural lakes have multiple ownership, and therefore need to be treated in the same way as rivers. This schedule lists these natural stillwaters.

4 Schedule 3 Most canals can be regarded as stillwaters, as fish are contained (by locks) and therefore owned. This is the basis on which the close season was removed from canals. Those few canals that are actually rivers are listed in Schedule 3, and therefore subject to same rules as rivers. Schedule 4 Introduction of these national fish removal byelaws requires that some existing regional byelaws must be revoked or modified. This schedule sets out the changes that are needed to remove any conflict with existing byelaws. The byelaw The wording of the byelaw is replicated below.

5 ENVIRONMENT AGENCY WATER RESOURCES ACT 1991 FISH REMOVAL (ROD and LINE) BYELAWS The Environment Agency, in exercise of powers conferred on it under section 210 of, and paragraph 6(1)(b) of Schedule 25 to the Water Resources Act 1991 hereby makes the following Byelaws. Byelaw 1 Application of Byelaws These Byelaws shall apply to the area (specified in Section 6(7) of the Environment Act 1995) in respect of which the Agency carries out its functions relating to fisheries except the Upper Esk. Byelaw 2 Interpretation of Byelaws In these Byelaws except where expressly stated or where the context otherwise requires, all words and expressions used in these Byelaws shall have the meanings assigned to them by the Environment Act 1995, Salmon and Freshwater Fisheries Act 1975 and the Water Resources Act 1991 except the meaning of the term drain is not confined to that assigned to it by the Water Resources Act 1991 Upper Esk has the same meaning as assigned to it in the Scotland Act 1998 (Border Rivers) Order Byelaw 3 Fish Removal (i) No person may remove by rod and line any freshwater fish listed in Schedule 1 from any river, stream or drain, or from the waters listed in either Schedule 2 or Schedule 3 except: (a) 15 fish, other than grayling, of not more than 20cm per day. (b) 1 pike of not more than 65cm per day. (c) 2 grayling of not less than 30cm and not more than 38cm per day. The size of any fish shall be ascertained by measuring from the tip of the snout to the fork or cleft of the tail. Byelaw 3(i) does not apply where written permission has been given by the Environment Agency to the owner or occupier of the fishery to dispense with any of these requirements in relation to those fishing the owner's or occupier s waters. (ii) No person may remove by rod and line any freshwater fish from any stillwaters or canals (other than those listed in Schedules 2 or 3) except with the written permission of the owner or occupier of the fishery.

6 (iii) No person may remove by rod and line any eels or shad from any waters. Byelaw 3 shall not apply to any person who with as little injury as possible either returns fish immediately to the same water alive or retains fish in a keepnet or keepsack and then returns it to the same water alive on or before completion of fishing. Byelaw 4 Amendments and Revocations (i) The amendments to existing Byelaws set out in Schedule 4 shall have effect (ii) The revocations of existing Byelaws set out in Schedule 5 shall have effect. THE COMMON SEAL of the ENVIRONMENT AGENCY was affixed on 16th day of December 2009 in the presence of Authorised Signatory

7 SCHEDULE 1 Fish species Species Abramis bjoerkna Abramis brama Barbus barbus Carassius carassius Cyprinus carpio Leuciscus cephalus Leuciscus leuciscus Rutilus rutilus Scardinius erythrophthalmus Common name Silver bream Common bream Barbel Crucian carp Common carp Chub Dace Roach Rudd Tinca tinca Tench Esox lucius Pike Osmerus eperlanus Smelt Thymallus thymallus Grayling Perca fluviatilis Perch Including hybrids between any of the above species. Excluding ornamental varieties or colour variants of the above species.

8 SCHEDULE 2 Stillwaters England Lake Windermere SD Coniston Water SD Ullswater NY Derwentwater NY All waters within the Broads (as defined in section 2(3) of the Norfolk and Suffolk Broads Act 1988) subject to a close season for freshwater fish. Wales Llyn Tegid SH Llyn Maelog SH

9 SCHEDULE 3 Canals North East Region:- Midlands Region:- Anglian Region:- Thames Region:- Aire and Calder navigation between Castleford Weir and Ferrybridge Lock. Stroudwater and Thames Canal. Fossdyke Canal. Kennet and Avon Canal downstream of confluence with River Kennet at Kintbury. Lee navigation upstream of Aqueduct Lock.

10 SCHEDULE 4 Amendments to Existing Byelaws Taking/Removal of freshwater fish 1. For Byelaw numbered 6 (which applies in the Yorkshire area of the former Northumbria & Yorkshire Region of the National Rivers Authority and was confirmed on the 26th day of October 1967) substitute:- Byelaw 6 Limitation on the number of fish which may be taken in one day. No person shall kill or take away from rivers, streams, drains or canals in the Agency s area in any one day more than six trout (including migratory trout except when caught by a duly authorised net). Provided that this byelaw shall not apply to any person who takes away more than six such fish in any one day with the previous permission in writing of the owner or occupier of the fishery. 2. For Byelaw numbered 7 (which applies in the Yorkshire area of the former Northumbria and Yorkshire Region of the National Rivers Authority and was confirmed on 26th day of April 2001) substitute:- Byelaw 7 Taking of undersized trout No person shall kill or take away from rivers, streams, drains or canals within the Agency s area any fish of the kinds hereinafter mentioned of a size less than such as is hereinafter specified, that is to say: Trout (including migratory trout) 23 cms The size shall be ascertained by measuring from the tip of the snout to the fork or cleft of the tail. Provided that this byelaw shall not apply: (ii) Undersized trout shall not be kept in a keepnet. 3. For Byelaw numbered 7 (which applies in the Yorkshire Ouse and Hull River Authority area of the North East Region and was confirmed on 10 th day of December 1975) is hereby amended by the substitution for the table therein of the following table:

11 Taking of under-sized trout Trout (including migratory trout) 23 cms 4. For Byelaw numbered 17 (which applies in the North West Region and which was confirmed on 11 th day of October 1989) substitute:- Byelaw 17 Removal of fish No person may take or remove from any waters within the area of the Authority without lawful authority any salmon or trout, whether alive or dead. 5. For Byelaw numbered 19 (which applies in the North West Region and which was confirmed on 11 th day of October 1989) substitute:- Byelaw 19 Prohibition of taking undersized fish No person shall take from any waters within the area any fish of a kind and of a size less than such size as is hereafter prescribed, that is to say: Migratory trout Brown trout and char 300mm 200mm The size shall be ascertained by measuring from the tip of the snout to the fork or cleft of the tail. Provided that this byelaw shall not apply to any person who takes any undersized fish unintentionally if he at once returns to and liberates the same in the water with as little injury as possible. 6. For Byelaw numbered 8 (which applies in the Thames Region and was confirmed on 6 th day of June 1978) substitute:- Byelaw 8 Prohibition on taking undersized fish Any person who removes from rivers, streams, drains or canals within the area any fish of a kind and of a size less than such as is hereinafter prescribed, that is to say: Brown Trout 25cm shall be guilty of an offence. The size shall be ascertained by measuring from the tip of the snout to the end of the tail fin.

12 7. For Byelaw numbered 9 (which applies in the Thames Region and was confirmed on 6 th day of June 1978) substitute:- Byelaw 9 Bag limits Any person who without the previous consent in writing of the Agency takes or removes more than two salmon in any one day from rivers, streams, drains or canals shall be guilty of an offence. 8. For Byelaw numbered 17 (which applies in Wessex area of the South West Region and was confirmed on 8 th day of November 1993) substitute:- Byelaw 17. Limit on the number of fish which may be permanently removed from the water. B. No person shall remove permanently from any waters within the Bristol Avon Area or the Somerset Area in any one day more than two non-migratory trout without the written consent of the Authority. 9. For Byelaw numbered 4 (which applies in Midlands Region and was confirmed on 28 th day of March 1991) substitute:- Byelaw 17 The taking of immature trout No person shall take any fish of a size less than those prescribed hereunder for the species stated from the area stated. The size of the fish shall be ascertained by measuring the fish from the tip of the snout to the fork or cleft of the tail. a) trout (except rainbow trout) i) The waters of the River Severn (including its tributaries) above or upstream of its confluence with the Afon Clywedog (SN ); the waters of the River Vyrnwy (including its tributaries) above or upstream of Dolanog Weir (SJ ); the waters of the River Banwy (including its tributaries) above or upstream of its confluence with the Afon Gam (SJ ); the waters of the River Tanat (including its tributaries) above or upstream of its confluence with the River Rhaeadr (SJ ) centimetres ii) All other waters centimetres b) rainbow trout The waters of the Rivers Derwent and Amber, including their tributaries, which are above or up-stream of their confluence at

13 Ambergate, Derbyshire, (NGR SK ), excluding the stretch of the River Wye from Blackwell Mill near Buxton to Cressbrook Mill (NGR SK ) above or upstream-of Ashford-in-the-Water and excluding any reservoir or lake-formed by the construction of a dam across the valley of those rivers or across one of their tributaries centimetres PROVIDED that this byelaw shall not apply in the case of any person who takes any immature (undersized) fish unintentionally if he at once returns the same to the water with as little injury as possible. 10. For Byelaw numbered 14 (which applies in Wessex area of the South West Region and was confirmed on 8 th day of November 1993) substitute:- 14. Prohibition of taking undersized trout No person shall without the lawful authority of the Environment Agency take from any waters any fish of any kind hereinafter listed which from the tip of the snout to the fork or cleft of the tail is of less than the size prescribed hereunder: brown trout migratory trout 25 centimetres, except that the size limit on the By Brook and its tributaries shall be 20 centimetres 35 centimetres Provided that this Byelaw shall not apply to any person who catches any undersized trout unintentionally if he at once returns the same to the water with as little injury as possible.

14 SCHEDULE 5 Revocations of Existing Byelaws Byelaw Number Region Date of confirmation Taking/removal of freshwater fish 5. Maximum number of fish which can be taken. Anglian 21 April 1988