NRW have issues a document as titled above, the introduction of which is posted below. The full document is 13 pages long, so would have swamped the site, so if you wish to read the whole document, click on the link below.

Click on NRW update.

PROPOSED NEW FISHING CONTROLS TO ADDRESS THE DECLINE IN STOCKS OF SALMON AND SOME SEA TROUT IN WALES – AN UPDATE

NRW Fisheries Team.

INTRODUCTION

Our salmon stocks are in serious trouble, having declined to historically low levels.  The same is true of about half of our sea trout stocks.  Neither can sustain uncontrolled killing of fish, as it is essential that we ensure all fish have the chance to survive and breed.

This phenomenon is widespread across the North Atlantic range of salmon, and the other jurisdictions in the British Isles and beyond are each currently addressing the same issue in broadly the same way.

Although there are several contributory reasons to stock decline, including mortality of fish at sea and poor conditions in our rivers including unacceptable agricultural pollution incidents, it is a fundamental requirement to protect our valuable breeding resource of wild fish.

Although most fishermen have accepted and adapted to the urgent requirement to return the fish they catch, so that they may survive to spawn, some have not.  About a quarter of anglers do not practice so-called Catch-and Release fishing (C&R), preferring to kill the fish they catch. In more normal circumstances this would be acceptable, however the great shortfall in fish now means that currently, killing them is not sustainable.

To ensure the conservation of our stocks, NRW concluded that new statutory fishing controls were required.  We talked extensively to fishermen and other stakeholders during a two-year process, and this culminated in a statutory consultation in the latter half of 2017 on proposals for new fishing controls.  Our proposals are for all salmon to be returned, alive and well, to the river by rod and net fishermen, together with restrictions on methods to those commensurate with effective C&R fishing.  Similar constraints are proposed for the poorly performing sea trout stocks.

This note sets out the background to this.

CAMPAIGN FOR THE PROTECTION OF WELSH FISHERIES

10 April 2018

Re: NRW fisheries bylaw proposals – request for an Inquiry

Dear Minister,

We note in your recent correspondence that you say you will be following the requirements of the Water Resources Act 1991.  We draw your attention to Schedules 2 and 26 of this Act and formally request an inquiry as the objections from the majority of the respondents to the consultation have not been withdrawn.

To date our correspondence with your office has been put on hold with no indicative time scale for you to make your decision.  In Schedule 2 of the Act it clearly states that you can only confirm or reject the proposals once all of the objections have been dealt with.  To this end all that has been received from your agency (NRW) is a request that objectors withdraw their objections based upon their technical case which is flawed.  NRW have simply dismissed our objections claiming that we have not presented any evidence; In March CPWF together with the North West Angling Trust Fisheries Consultative Committee (NWATFCC) jointly commissioned an Independent Evaluation of the rivers Classification methodology which has been used to justify the proposals (see attached report).

The findings and conclusions of this Evaluation by Consultant Statisticians are of such concern that we have requested that the Angling Trust write to NRW, EA, Cefas and NASCO requesting that the proposed 2018 measures are suspended based upon the contents of the evaluation.  In our correspondence with your office we have provided draft proposals on alternate and interim measures which will achieve better results than the proposed bylaws.  It was clear from the outset that there has been pre-determination by NRW in the outcome of the consultation; a similar situation exists in England.

Nothing in the NRW proposals will reverse the decline in salmon stocks in the short or medium or even long term as the proposals do not address the root cause of the decline, they simply disadvantage the stakeholders.   The evidence from 20 years of compulsory catch and release for spring salmon demonstrates the futility of the recommendations in achieving the desired outcome.

We would refer you to the comments made by Cefas on this issue who advised you that the proposals will have little impact but may be worth doing as there may be some improvement in the long term i.e. it is accepted by NRW that these proposals will do little or nothing to reverse the decline.

We would draw your attention that in August 2017 a public notice was placed in the London Gazette by the Welsh Government under its seal based upon the original bylaw proposals which have been subsequently amended.  We have taken legal advice concerning the publishing and formal notification in the London Gazette asking for objections whilst at the same time running a consultation i.e. were we objecting to bylaws which you had already approved or were we consulting on other options.  I would refer you to Schedule 26 and the requirement for formal notification following a consultation for a period of 28 days for objections to be lodged, this has not been complied with, there has been no opportunity to object to the amended proposals and you are not therefore in a position to approve the proposals.

The present fisheries bylaws are river specific and are to be replaced with a bylaw which covers all rivers i.e. a national Welsh fisheries regulation and not a bylaw.  I would again refer you to Schedule 26 and the need to revoke the existing bylaws before the new bylaws are enacted, I am not aware of any notice of revocation.

It is our preference to hold meaningful discussions on how salmon stocks can be conserved after all as stakeholders we know our own rivers best and are their guardians, it is not in our best interest to destroy our fish stocks as implied in the proposed NRW bylaws.

The draft interim proposals and pausing of the proposed Consultation Bylaw measures gives all parties the opportunity to engage and frame a constructive partnership approach that will conserve and benefit fish stocks, fisheries and communities for the long term.

Regards

Chris White

Conservation Officer: Campaign for the protection of Welsh fisheries

CAMPAIGN FOR THE PROTECTION OF WELSH FISHERIES

Re: NRW fisheries bylaw proposals

Dear Minister,

Thank you for your response LG/00305/18 (21/02/2018) on my suggestion of a way forward which does not require legislation.

I am aware that your Inland Fisheries are now in possession of the NRW proposals and I have no doubt that the recommendation to you will be that to prevent further decline in salmon stocks you must legislate to provide greater protection to the present salmon stock.  However, the proposals do little or nothing to increase salmon stocks, this is just a sticking plaster to avoid dealing with the main issues, and even the NRW agree that anglers are not the problem but they neither have the staff or the funds to deal with the root causes.

It is possible to restore salmon stocks in our rivers and I will use the Conwy as an example of what can be achieved by local conservation organisations.  For over 10 years I was secretary of the Conwy Valley Fisheries & Conservation Association and was responsible for managing a stocking program for the Conwy system.  This was self funded, we could not stock on a large scale but could afford to purchase 8000 parr from the EA(W) hatchery, and these were from local broodstock donated by anglers to the stocking programme.  The broodstock were taken to the EA(W) hatchery where eggs were stripped and, once the fish recovered, they were returned to the river.  The hatchery incubated the eggs and grew on the fry until the resulting parr were big enough to be stocked into our three semi-natural rearing ponds.  The parr were protected from predators until they were ready to migrate to the sea as smolts and were not fed more than twice a week and so had to forage for their food and were consequently as fit and healthy as any wild smolts.  The Conwy is now seeing the benefit of this stocking program with electro fishing results showing the highest number of fry and parr ever recorded and yet NRW claims that the Conwy is ‘probably at risk’, however this is based on the poor recruitment in 2015 following the effects of Storm Frank which had a devastating effect on all UK rivers.  During 2016 and 2017 we have seen more salmon and increased spawning activity, so the Conwy is not actually at risk.  Similar successful schemes were carried out on other Welsh rivers such as the Dyfi. The NRW proposed bylaws are disproportionate as they are to be applied to all rivers regardless of present conditions.

The salmon season is now underway and the lack of a decision on the implementation of the NRW proposals has resulted in many anglers not renewing their club membership, the knock on effect is that clubs may not have sufficient funds to pay their rents.  A statement deferring any implementation to 2019 (as per England) would be appreciated.  This would then provide a breathing space during which alternatives to legislation can be explored in more detail.

Regards

Chris White

Conservation Officer: Campaign for the protection of Welsh fisheries

Click on The minister replies to read it

CAMPAIGN FOR THE PROTECTION OF WELSH FISHERIES

An Open Letter to Kevin Ingram (Interim Chief Executive, Natural Resources Wales) and Lesley Griffiths AM (Cabinet Secretary for Energy, Planning and Rural Affairs)

14^th February 2018

Dear Sir & Madam,

At the NRW Board Meeting on 18^th January a decision was made to apply to Welsh Government for confirmation of new fishing byelaws re fishing controls for salmon and sea trout in Wales.

Although a number of board members had major concerns that failure to work with stakeholders would result in the proposals failing to deliver their intended outcome, ultimately 2 other factors narrowly won the day:

1. The need to be seen to support the Executive Team who have been advised by NRW Fisheries
2. The feeling that to step back from taking a decision would be perceived as negligent, particularly in light of the bleak picture painted of salmon and sea trout stocks in the Technical Case document used to support the proposals

At the end of the meeting, in an atmosphere reminiscent of a wake, there were no fist pumping scenes of jubilation since now there were only losers; the NRW Fisheries Team who have so alienated stakeholders that their ill-conceived proposals are now unworkable, angling organisations who as well as feeling both disempowered and disenfranchised face a loss of membership, loss of income & loss of waters and, perhaps most significantly, the rivers and watercourses of Wales who have been deprived of a collaborative approach which could have delivered so much more.

Had we been able to present the following information to the Board we believe that the decision might have been somewhat different:

1. The NASCO Implementation Plan for England and Wales states that “Compliance against the management objective (that a river must meet its Conservation Limit four years out of five) is assessed annually for each principal salmon river together with a forecast of that assessment in 5 years time.” Whilst there are rivers which are failing to meet their Conservation Limits, that is not a universal issue. In fact the Conwy, Glaslyn, Mawddach, Ogwen & Usk have all met their conservation limits and Management Objective according to the NASCO criteria.
2. The 5 Year Forecast Projections for the last 3 verifiable periods (2009 › 2014, 2010 › 2015 and 2011 › 2016) are only 41%, 27% and 18% accurate!
3. Table 7 on Page 49 of the NRW Technical Case Structure shows that the Management Target rather than the Conservation Limit has been used to assess stock status. The Management Target is not an applied measure in the formal Compliance procedures for Assessing Stocks. Correct applicationof the Conservation Limit would result in a very different picture for a number of Welsh rivers.
4. Between 2010 and 2014 an average of 37.2% of anglers failed to submit a catch return. By 2017 the figure had reached 45%. It is impossible to adjust the stock status model to accurately reflect that amount of missing data.
5. The numbers of rod caught salmon officially reported by NRW from the Rivers Wye & Dyfi over a 5 year period are significantly lower (Wye – 28.13%, Dyfi – 28.3%) than reliable figures collected by angling associations and river keepers. The addition of those numbers would have a huge impact on whether those rivers have met their Conservation Limit and Management Objective.

This information is at best misleading and in some areas may be open to legal challenge. In the meantime the 2 sides, despite sharing a common goal, remain as far apart as ever.

There is a feeling amongst the angling community that having invested so much time and so many resources in pursuit of its “preferred option” the NRW Fisheries Team has backed itself into a corner and has had no option but to continue along the same path. However, even if one has invested a great deal of time, effort and money in purchasing a battlefield tank to deal with the problem mouse behind the skirting board, that would not in itself be a justifiable reason for firing it when others have made you very much aware of the likely outcome of your actions.

In the meantime we have put forward an alternative solution to the Cabinet Secretary which has not only the support of angling clubs from all areas of Wales but also the North Wales Rivers Trusts and Afonydd Cymru. We believe that the proposed voluntary approach would deliver similar, if not better, results than the proposed statutory legislation and would also facilitate the delivery of River Restoration plans.

The current situation was brought into sharp focus by 2 events towards the end of last week. The first was reading a copy of Dr Malcolm Greenhalgh’s excellent open letter to Sir James Bevan (CEO Environment Agency), Michael Gove and Lesley Griffiths, which highlights the threat posed by changes in dairy farming practices to our aquatic ecosystems. The second was a lengthy telephone conversation that I had with Ceri Davies (NRW Executive Director for Evidence, Policy and Permitting). In a conversation that was at all times courteous and professional (there is too much mutual respect for it to be otherwise), two telling points emerged. The first is that it is in the best interests of both sides to work in a meaningful partnership. The second was the question as to whether angling organisations would be prepared to support NRW in order to increase pressure for change in those farming practices which are causing damage to the aquatic environment in Wales. Of course that type of co-operative approach is exactly what is needed but unfortunately a very large and obvious stumbling block has been placed in its path. In fact the situation would be laughable were it not so serious. Anglers want Welsh Government to side with them against NRW. NRW wants Welsh Government to side with them by imposing restrictions on anglers and NRW also wants anglers to side with them in order to put pressure on Welsh Government!

The road ahead is fraught with difficulties but one thing that is very clear is that it cannot be tackled by any one party in isolation. There is a choice to be made between either a collaborative approach which has the support of stakeholders and which would produce the desired results, or a heavy handed, dictatorial option which alienates the very people who NRW so much needs on its side. That decision does not rest with us but must either be made quickly or deferred, as in the meantime a number of angling clubs are already seeing a significant reduction in applications for membership as visiting and local anglers alike wait to find out just what the future holds for them in Wales.

Yours sincerely

John Eardley

Strategy Officer: Campaign for the protection of Welsh fisheries

CPWF has the support of freshwater and sea anglers in Wales.

Visit our website at www.cpwf.co.uk

CAMPAIGN FOR THE PROTECTION OF WELSH FISHERIES

Re: NRW fisheries bylaw proposals                                                          7 February 2018

Dear Minister,

Thank you for your recent response on the above issue I fully appreciate that until NRW presents their proposals you are not in a position to make any comment.  Our concern is that you will be persuaded to approve the proposals without providing the major stakeholders a chance to voice our concerns and offer a solution which does not require legislation.

It was clear from the consultation that 83% of responders opposed the proposed bylaws, the majority from North Wales as they have most to lose.

Since the NRW Board meeting on 18 January stakeholders have met from across North Wales to look for alternatives to the proposed bylaws which will provide the same or better outcome than through legislation.  If legislation is implemented it cannot be policed, local clubs on the other hand can police their own members.

As well as support from many clubs in North Wales, we have the support of several clubs from mid and South Wales, and will be in discussion with other Trusts and clubs across Wales shortly.  Having talked to, and having the support of, both the North Wales Rivers Trusts and Afonydd Cymru, we would offer the following solution.

These are our outline proposals:

• Use the Rivers Trusts, working in co-operation with stakeholders and NRW to assess stock levels in individual river systems.  Trusts, using their local volunteers, have far better knowledge of their rivers and can obtain accurate catch returns and stock assessments from clubs.  We could then categorise our rivers as has been done in Scotland and Ireland. If rivers require additional restrictions due to low stock levels at least we would have the support of the affected clubs as we will be working in partnership with them.
• By working with clubs we can involve the local community in assessing the state of their rivers and work with them to ensure workable conservation measures are put in place.
• Afonydd Cymru would act as the co-ordinator for the Rivers Trusts and would liaise with NRW on technical matters.  This would be cost neutral and would go a long way to bridge the budget gap NRW fisheries are now facing.

There is still a lot of detail to be ironed out but we believe that we have basis of a workable solution without resorting to legislation.  We would be pleased to meet with you or your Environment Minister (Hanna Blythyn) to explain both our concerns and the way forward.

Regards

Chris White

Conservation Officer: Campaign for the protection of Welsh fisheries

CPWF has the support of freshwater and sea anglers in Wales.

Visit our website at www.cpwf.co.uk

c/o Vanner Farm & Caravan Site

Llanelltyd

Dolgellau

Gwynedd

LL40 2HE

26^th January 2018

Lesley Griffiths AM

Cabinet Secretary for Energy, Planning and Rural Affairs

National Assembly for Wales

CardiffBay

Cardiff

CF99 1NA

By email to Lesley.Griffiths@assembly.wales (for the personal attention of the Cabinet Secretary for Energy, Planning and Rural Affairs)

 Copies to:

Carwyn Jones (First Minister)

Dafydd Elis-Thomas AM

Siân Gwenllian AM

Liz Saville Roberts MP

Mark Lloyd (Angling Trust)

Dear Minister,

A number of angling representatives attended the Natural Resources Wales Board Meeting at Reichel Hall, BangorUniversity on Thursday 18^th January. Our principal concern was that the Board would endorse the proposal to apply to Welsh Government for confirmation of new fishing byelaws. As you will now be aware, our worst fears were realised, albeit in a decision that was far from clear-cut.

Several board members expressed their concerns that although there is a shared goal of seeing an improvement in fish stocks, there is a wide difference between NRW and angling interests as to the best means of achieving this. Furthermore there were very real concerns that failure to work with the angling community would result in the proposals failing to deliver their intended outcome and we believe that a golden opportunity was missed in the rejection of a suggestion to defer the application to Welsh Government whilst seeking a voluntary approach in partnership with stakeholders from the angling community. Ultimately of course 2 other factors narrowly won the day:

1. The need to be seen to support the Executive Team who have been advised by NRW Fisheries
2. The feeling that to step back from taking a decision would be perceived as negligent, particularly in light of the bleak picture painted of salmon and sea trout stocks in the Technical Case document used to support the proposals

Whilst our concerns on the negative impact of these proposals on both angling tourism and the very future of angling clubs along with their serious practical shortcomings were well documented in a letter to Hannah Blythyn dated 30^th November (to which you replied on 12^th December LG/05304/17), you were unable to comment further until NRW had completed their analysis and the board had made their decision.

We request that the Welsh Government do not endorse the NRW Board request to introduce new byelaws relating to Catch Controls for the following reasons:

1. The evidence that was presented by NRW Fisheries is neither “sound” nor “quality assured” and is so deeply flawed that we are currently taking advice on legal action. Any such action would mirror that which is currently being undertaken in the North West of England against the Environment Agency. Our supporting evidence is contained within the “Evidence case re NRW Stocks Assessment Technical Report” at the end of this letter.
2. The introduction of Mandatory C&R will not deliver any improvement in fish stocks. This was pointed out by Board Member, Professor Linda Warren, at the July 2015 Board Meeting when these proposals were first discussed. To state that “we don’t know how much worse it would have been” does not constitute evidence of its effectiveness.
3. The proposals cannot, and will, not deliver the desired outcome. NRW is currently unable to deal with illegal fishing and simply does not have the resources to police any new byelaws. Furthermore with anglers driven away from the riverbank an important deterrent will be removed thereby increasing the amount of illegal activity. In addition a reduction in the number of anglers, together with the alienation of the angling community, will have a negative impact on the intelligence reports that the overworked enforcement officers heavily rely on.
4. The failure to effectively engage angling stakeholders, and the need to take steps to remedy this, was clearly stated at the end of the Board Meeting. However to do this after a decision has been made which will clearly alienate stakeholders is nonsensical. Many of us, who have led the conservation agenda within our own organisations, see little purpose in attending future meetings with NRW when it would appear that our opinions, together with our experience and knowledge of our own rivers, counts for so little. This has the potential to have a serious adverse impact on the delivery of future River Restoration Plans.
   1. The intrinsic and socio-economic value of Salmon and Sea Trout fishing has been ignored by NRW, who within their remit have a duty to enhance its appeal. They have knowingly, developed measures, including severe fishing method restrictions which, if imposed upon fishermen, would relegate the pursuit and deny its cultural worth. With freedom of choice denied and our ability to shape measures to achieve resilience removed, we face a future of unsustainability and limited ability to proactively improve fish stocks.[r1]
   2. The approach to tackling Agricultural Pollution is to work with farmers to achieve the desired outcome (See “The Approach to Nitrate Pollution from Agriculture” – P7). Despite stating that “we do not believe that anglers are the cause of the problem”, NRW Fisheries Team has adopted a legislative approach . This clear issue of inequality must be addressed.
   3. We completely refute the statement on P95 of the “Technical Case Structure” that “Voluntary measures have been promoted for some considerable time and are unlikely to substantially change further in the short term”. A co-operative approach between the NRW Fisheries Team and angling organisations would deliver a much better outcome than continuing with the introduction of legislation which is doomed to failure from the outset.

NRW has stated that it “aims to deliver widespread and positive partnership working” but in order to do that it must engage with angling stakeholders. There is a feeling that having invested so much time and resources in pursuing its “preferred option” it has backed itself into a corner and the result is an “emperor’s new clothes” scenario which Welsh Government must bring to an end. To achieve that the proposals to introduce new byelaws must be deferred until such time as:

1. A thorough review of stock status assessment by EA, NRW & CEFAS has been undertaken
2. A collaborative approach to improving voluntary release rates, effectively tackling illegal activity and implementing River Restoration plans, including a timeline for implementation, has been developed through Local Fisheries Advisory Groups.
3. Such a collaborative approach has been given a fair chance to work.

If we can reach agreement on this, and start to repair the damage that has been caused to the relationship between the NRW Fisheries Team and angling interests since this whole sorry saga began, then we would of course immediately suspend any planned legal challenge. This has to be the way forward.

Yours sincerely

John Eardley – Gwynedd Local Fisheries Advisory Group Representative – Prince Albert Angling Society