Yesterday Scottish Ministers advertised their intention to create a licensing system and carcass tagging regime as well as a prohibition on the killing of salmon out-with estuary limits through regulations. They have also launched a weeklong interactive discussion on the likely detail of the scheme and some of the common messages and themes emerging from the consultation process.
Much of the finer detail regarding the proposals is contained within the forum. We have extracted the key points and questions posted by the Scottish Government to date (please visit the forum for the public responses and other posts uploaded by members of the public). These are presented below:
The application- who makes it and how is it assessed?
Anyone wishing to kill wild Atlantic salmon in inland waters, whether fishing by rod and line or net, will require to have a licence. Detailed guidance notes on the application process and how to complete the application form will be available on the Marine Scotland website as soon as the window for applications opens – September/October 2015.
Having taken into consideration a number of comments made during the consultation process, it is intended that applications may be made by the owner/proprietor of the fishery or by anyone having the permission of the owner/proprietor.
The assessment of applications will be made on whether or not there is a harvestable surplus. The harvestable surplus will be calculated by Marine Scotland Science using available information on the numbers of returning salmon over the last available 5 years and assessments will be made on the basis of fishery districts. Prior to the scheme application opening for applications a list of fishery districts with a harvestable surplus and provisional allocations to each fishery within these areas, based on their average catch over the same 5 year period, will be made available on the Marine Scotland website.
Applications will be considered within the following context and parameters
- Outside estuary limits – fisheries are considered to be mixed stock – killing of salmon is prohibited.
- Inland waters:
- Estuary Limits to tidal limits – salmon stocks are considered to be closer to single stock therefore killing allowed if there is a harvestable surplus – but it is intended that there will be no increase in the numbers killed from the previous 5 year average.
- Tidal limits upstream – salmon stocks considered to be most closely reflecting single river stock, therefore killing of salmon allowed if there is a harvestable surplus.
Licence numbers will not be transferrable between fisheries, meaning that if a given fishery decides not to apply for their allocation of any harvestable surplus this will not be reallocated to other fisheries within the district.
The Regulations will apply nationally except for the Upper Border Esk (where the Environment Agency exercises functions) and decisions on applications will be made by Scottish Ministers. It is intended that the proposals will extend also to the Tweed district where separate legislation is required. Some respondents to the consultation expressed the view that such decisions are better made at local level. Ministers have committed to consult on a Wild Fisheries Bill before the end of this Parliament and therefore it may be that in the future a different approach will be taken.
- Does the description above provide clarity on the way in which any application will be assessed and who may apply?
- What other aspects of the scheme would you like more detail on?
Scottish Government wants to be confident that:
- The scheme is as transparent as possible
- Users understand how the application process will be progressed
- We are absolutely clear about the impact of the measures.
It may be that there are comments on aspects of the proposed application process which can inform the guidance notes and application form and therefore we welcome your views.
The Kill Licence proposal- consultation
The notice under paragraph 11 of schedule 1 to the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (“the 2003 Act”)
Ministers are required under paragraph 11 of schedule 1 to the 2003 Act to advertise the general effect of the kill licence proposal and the prohibition on killing salmon outside estuary limits. Representations or objections may be made within 28 days from 23 July. We hope that engaging with the interactive discussion will help to inform any response you wish to make to this consultation.
More detail on the application process and the way the applications will be assessed can be found in the “Application” idea box.
Scottish Government wants to be confident
- That everyone who would be affected by the proposals or who would be interested was aware of the consultation and felt sufficiently informed to be able to put in a response.
- That the consultation process was as straightforward as possible.
Carcass tagging
Separate regulations will be brought forward in respect of carcass tagging. The tagging regime is linked to the Kill licence. Separate guidance notes will be made available in due course for the administration of the carcass tagging scheme. Tags will not be transferrable between either anglers or between fisheries.
- Do you agree that tags are necessary to ensure compliance with the Kill licence scheme?
- The tags will be individually numbered – what else do you consider could usefully be on the tags?
- What form do you think the record keeping/reconciliation of tags should take? How do you see this working?
Scottish Government wants to:
- make clear that carcass tagging is an essential component of any compliance regime
- ensure that users can identify any particular areas of good practice
- understand any immediate concerns
Special Areas Conservation (SACs)
Atlantic salmon is protected under the Habitats Directive and there are 17 SACs in Scotland where Atlantic salmon is either the primary reason for designation of the site or is a qualifying feature of the site. Applications from within SACs will be assessed using the precautionary approach. In practice this will mean that even if there is a harvestable surplus, any licence will not be for more than the previous 5 year average of salmon killed in the SAC – so the licence would be for whichever is the lower – the harvestable surplus or the 5 year average.
Is it clear to you why Scottish Government is taking this approach towards SACs?
Scottish Government wants to be reassured that users understand why we are taking this approach towards SACs.
Charging
Section 59 of the Aquaculture and Fisheries (Scotland) Act 2013 enables Ministers to make provision in regulations to impose charges in connection with the carrying out of specified fisheries functions. Ministers intend making an administration charge for the processing of the application, including any appeal process – this will be on a cost recovery basis the licence application cost will be the same for everyone although the charge may vary from year to year. The component parts of the charge will be clearly explained and available on the Marine Scotland webpage in due course. Payment of the charge must be made up front before consideration of the application.
There will be a further charge for the administration of the carcass tagging scheme and a charge per tag. This is likely to be on a sliding scale basis.
What implications do you think making a charge for the application and tags will have for applicants?
This is the first time the charging powers under the 2013 Act have been used and we understand that this requires some detailed explanation and that it will attract some comment.
Baits and lures
It was originally proposed that regulations prohibiting the use of certain fishing equipment that is liable to cause greater harm to the fish during catch and release be brought forward as part of the kill licence package of measures and respondents were invited to suggest what other equipment should be included.
Scottish Government has concluded from the responses to the consultation exercise that the whole issue of baits and lures requires further detailed consideration before we can take any decision on the implementation of national measures. Accordingly we are of the view that baits and lures regulations should not form part of the kill licence package of measures at this time.
- Do you agree that this is the right approach?
- How do you think evidence could be obtained to inform consideration of whether or to what extent measures are required?
- What would be the best way to engage anglers in thinking about this?
- Would you be willing to be contacted on this matter?
Respondents to the consultation cited various reasons for saying no to the proposed regulations e.g. existing controls already adequate; no evidence or not enough; national ban on equipment inappropriate; control best progressed by measures at local level. Going forward it will be important to gain the necessary evidence to make informed decisions on what is required and stakeholders’ views will be an important part of that.