EXECUTIVE SUMMARY
E1. This report is set against a background of Atlantic salmon (S almo salar) stocks under threat across their northern hemisphere range, and declines in sea trout ( Salmo trutta) populations throughout the United Kingdom. Mixed Stock Fisheries ( MSF) are defined by NASCO as fisheries that exploit a significant number of salmon from two or more river stocks, and are considered by all interested northern hemisphere countries to present particular difficulties for management and species conservation.
E2. In order to consider future strategy for managing mixed stock fisheries in Scotland, an expert Working Group was established by the Steering Group of the Scottish Freshwater Fisheries Forum, under the independent Chairmanship of David Crawley, a Board member of Scottish Natural Heritage and the Joint Nature Conservation Committee. The Group worked through late 2008 and most of 2009, considering a wide range of evidence and views, and the Chairman presented this final report to Scottish Ministers in March 2010.
E3. All fisheries for salmon and sea trout have an impact on stocks, but the key to management at a river catchment level is to ensure that enough fish escape the fisheries and spawn within the river, resulting in the maximum number of juvenile fish which the river is physically and ecologically capable of producing. As long as this reproductive imperative is maintained, the exploitation of additional fish, in any type of fishery, is from a harvestable surplus. The ability to exploit an apparent harvestable surplus fully is called into question if the species is suffering unduly high levels of mortality during other phases of its life cycle such as the marine mortality seen in Atlantic salmon. Angling proprietors have underlined the importance in their view of planning for abundance rather than mere sustainability, in order to maintain viable fisheries and full investment.
E4. MSFs catch fish belonging to more than one river. Without knowing how many fish come from which rivers it is not possible to know the impact of the catch on individual catchments or to apply targeted conservation measures in the fisheries to protect individual catchments. They therefore present particular management challenges. It is recognised that catches from fisheries operating further from the spawning beds are likely to be more mixed stock than those fisheries operating closer to the spawning areas although all types of fishery may have a mixed stock element. The report acknowledges that both net fishermen and anglers have made major contributions to conservation. It notes that catches by all types of net fishing have declined radically over the last half century, at significant social and economic cost to those communities which exploited them.
E5. We reviewed first the current status of Atlantic salmon and sea trout stocks in Scotland, including local and seasonal components and looked at these in the case of salmon in the light of the overall international trends. The evidence presented to us indicates that for salmon:
- The declining pre fishery abundance ( PFA) trend for the NE Atlantic salmon stock (which includes Scottish salmon) has been cause for serious concern, although some of the most recent modelling forecasts stable PFAs (albeit subject to a large margin of error) for both the 1 SW and MSW salmon in coming years.
- Scottish catch statistics, which are used as an assessment of abundance, present a mixed picture:
- Overall catches have been declining since the mid 1960's. Whilst rod catches (catch and retain plus catch and release) have been relatively stable, the sharp decline has been in the net and coble and fixed engine fisheries
- Catches from all three main types of fishery are recorded from all around Scotland but the rod and line fishery now accounts for the vast majority of the fish caught and retained. Net fisheries are the main exploiters of salmon in two out of nine regions
- It is likely that net catches have acted as a buffer for the rod catches, and that the buffer is now almost depleted
- A detailed seasonal analysis of 17 Scottish rivers designated as Special Areas of Conservation ( SAC) suggests that there has been a decline in the salmon caught in the spring stock component in the majority of the rivers, since records started in 1952. Trends in fish caught by rods in the summer and autumn seem to have been generally improving over recent decades
- Marine Scotland Science ( MSS) figures suggest that since 2000, numbers of salmon caught in the spring have also stabilised, albeit at a low level, in most of the SAC rivers and across Scotland as a whole (although anecdotally from 2009 figures are expected by local managers to be poor)
- This picture for the 17 SAC rivers may not be true for every individual river in Scotland, or for every seasonal stock component in each river.
E6. There is less detailed information available for sea trout, although there have been significant declines in catch.
E7. We recognised the importance of the precautionary approach but in the light of this mixed evidence we could not make agreed recommendations for drastic new restrictions on salmon fisheries at a national level, although there is a firm case at least for continuing existing measures. According to MSS the national catch trends since 2000 would suggest that at a Scotland level, and despite the worrying PFA trend, there is at present a harvestable surplus of fish returning from the marine environment, for all three main seasonal stock components. We nevertheless recognised and were concerned that the overall resource is declining and that in some cases this can be expected to show up in local catch figures. We therefore encourage all fisheries owners and managers to be vigilant and to be ready to accept more restrictions in future where this is justified.
E8. We took into account the duties and obligations that arise from our commitments to the North Atlantic Salmon Conservation Organisation ( NASCO) and the EU; and we noted with interest the policies applying to MSFs in other North Atlantic states as well as in England. We recognised of course that there are significant differences in the types of MSFs operating in Scotland and elsewhere and also the fact that fisheries are heritable rights in Scotland, which can be suspended on conservation grounds but not extinguished.
E9. We sought expert advice on the economic factors relating to the different sectors within salmon exploitation. While it was clear that the pure economic benefits from the fisheries arose predominantly from the angling sector we did not feel that this could be a determining factor for policy. We concluded that the financial cost of conservation measures were likely to bear most heavily on the netting sector - as they have done already over many years - because rod and line proprietors may well be able to continue to offer fishing under condition of catch and release. Whilst recognising that there is no automatic right to compensation for the costs arising from conservation measures, we acknowledged that the burdens arising from conservation needs must be balanced between sectors, with those gaining the benefits recognising that compensation should be paid to those who suffer. Angling proprietors note that they have borne a heavy burden of investment in upstream conservation measures; the netsmen point out that they have also played their part in conservation. We discuss mechanisms to assess the burdens, and to reach negotiated agreements.
E10. Progress towards a compulsory carcass tagging scheme for net-caught fish is recommended, on the basis that such a scheme has benefits for the marketing of Scottish wild salmon and sea trout, as well as reinforcing efforts to prevent the placing of illegally caught fish on the market. Government should consult as soon as possible on a scheme.
E11. We considered scientific evidence, both historic and new, that could be brought to bear on whether or not the salmon stocks in a particular river could be shown to be under threat from MSFs. Smolt and adult fish tagging experiments conducted since the 1950s provide some insight into the extent to which fisheries might catch fish destined for more distant home rivers. Recent developments in genetic stock identification ( GSI) are likely to provide stronger evidence, and we considered the further development of this type of research to be both essential and urgent. The development of Conservation Limits ( CL) for Scottish river catchments is also important, although the difficulty in setting and monitoring CLs for all rivers and for all seasonal stock components is acknowledged.
E12. Currently the prime evidence base for local and national fisheries management is the catch data collection and analysis operated by MSS, resulting in the publication of the annual Statistical Bulletin. It is a robust and globally unique time series of data. Further effort data would be helpful, and the tissue samples which will be required for genetic analysis ought to be delivered through voluntary means. If not, mandatory measures to require this would have to be considered. If evidence can be improved through tightly controlled, non-commercial, research fisheries, these should be considered. In the light of our consideration of the evidence, we consider that seasonal stock component catch information would be valuable for fisheries managers.
E13. We believe that against the background of the wider concerns about salmon stocks and the international obligations of Scotland as part of the UK and the EU, the Government should give a clear lead by setting out its policy towards MSFs in the light of this report. This includes setting out how and when the additional information needed for effective management of all MSFs might be delivered and a firm pathway to any legislative changes required. In the light of the fact that the group is unable to agree on key recommendations in the absence of comprehensive and convincing scientific evidence, the Chair considers that the Government should also set out how and when the precautionary principle should apply in respect of wild salmon and should offer an assessment of the state of the stocks using the very latest evidence. To maintain the momentum built up by the Group the Scottish Government should publish its initial response to our recommendations by the end of September 2010.
E 14 Scottish Ministers support salmon and sea trout conservation at a national and a local level, and have powers to assist local managers if problems are identified. We believe from the advice given to us that in almost all respects Minsters have adequate powers. In any event Ministers should be in a position to:
(a) require genetic sampling where voluntary arrangements prove ineffective
(b) initiate conservation measures of all types where there are trans-boundary issues between DSFBs
(c) act in cases where an area without a functioning DSFB requires measures to be taken in respect of MSFs.
Government must also be ready to take urgent, precautionary, action (which treats all fishing methods equitably in the light of the scientific basis of the action) if and when the condition of the stock requires it.
E15. However, local management strategies and structures in practice must form the central pillar of our proposed strategy. As the established local statutory bodies the Chair does not believe that there is any alternative to DSFBs retaining their lead responsibility for the work required, accepting that they must operate in a fair and transparent manner. Independent mediation is however a recognised approach under the present system and should be available to any of the parties at their request before an application to Government to take action. DSFBs should be explicitly charged with carrying out regular and consistent assessments for the 109 Scottish fishery district catchments, taking into account the three main seasonal stock components.
E16. DSFBs should then adopt a structured approach to assessing the need for local conservation measures. They should call in additional expertise where needed, including advice from MSS, and should take account of nationally agreed procedures and templates. They should in particular take account of the following points:
1. Indications that a particular river is causing conservation concerns due to a shortage of returning adult fish, whether over a whole year or over a seasonal stock component
2. Other factors affecting either returning adult fish numbers, or juvenile productivity in the river, which might not relate directly to exploitation
3. Whether the scale of interception in coastal waters of returning fish can be assessed
4. To what degree interception by a MSF is significant to the health of the target river in question, particularly if GSI indicates that the majority of the MSF captures are from rivers where there is a harvestable surplus
5. Socio-economic factors
6. The precautionary approach
7. In some locations the river of concern and the relevant MSF might be geographically close and/or the situation may be particularly serious, and conservation measures applying to all types of fisheries might be required as a matter of some urgency.
E17. DSFBs should, in the light of these assessments, work hard with all participants in order to agree suitable management arrangements, using appropriate compensation as one tool. Where voluntary arrangements cannot be achieved and where the evidence justifies new action DSFBs should be ready to put proposals to Government for statutory measures.
E18. We conclude this report with a summary of the 21 recommendations. These recommendations are not all agreed by every member of the Group, but taken in the round we are confident that if the principles underlying the package of recommendations are implemented, Scotland's governance of MSF will be both strengthened in the short term and more vigilant in the longer term.