Committee
Rural Affairs, Climate Change and Environment Committee 09 March 2016
09 Mar 2016 · S4 · Rural Affairs, Climate Change and Environment Committee
Item of business
Subordinate Legislation
Conservation of Salmon (Scotland) Regulations 2016 (SSI 2016/115)
Good morning, convener. I would like to thank you and the committee members, given that this is your last meeting of this parliamentary session. It has been good to work with you over the past few years. I welcome the opportunity to discuss the salmon conservation measures under the Conservation of Salmon (Scotland) Regulations 2016 and the Tweed Regulation (Salmon Conservation) Order 2016. I will outline briefly why the Government is introducing legislation to protect and conserve what is an iconic species in this country. The measures are designed to manage the exploitation of salmon, not just because it is a protected species under the habitats directive but because we believe that that is the right thing to do. Salmon is synonymous with Scotland and I want Scotland to be synonymous with good management of that natural resource and of the social and economic benefits that it could bring for generations to come. It is helpful to remind ourselves of the background to the measures. They are a product of significant stakeholder engagement and reflection. The committee will be aware that the genesis of the measures rests in the recommendations in the independent wild fisheries review that was published in 2014 to progress the introduction of a kill licence. The review recommended that that should be considered immediately, given the conservation status of wild salmon. That recommendation, which we accepted, led to a consultation early last year on the broad principles behind the introduction of a licensing scheme. That was followed by a concerted effort during the summer to engage with stakeholders through a series of drop-in events and through online dialogue to support consultation on the detail of what the proposed scheme should look like. Finally, in the autumn, we consulted on the revised package of measures, which constitute the measures that we are discussing today. There has been a consultative process over a significant period, and more than 1,000 responses have been received. That is not an unprecedented level, but it certainly demonstrates the personal investment that many people have made in the sector. The regulations form part of a package that, taken together, prohibits the killing of wild salmon in coastal waters; enables the killing of wild salmon in inland waters to be managed according to conservation status; introduces a power to agree a conservation plan; and provides for net-caught fish from rivers in category 1 and 2 areas to be carcase tagged. The introduction of a conservation plan demonstrates that we are looking to understand and, where possible, quantify all the factors that impact on the determination of a conservation status. This is not about apportioning blame or responsibility; rather, the aim is to better understand how best to target resources to manage and conserve our salmon stocks at local and national levels. We are looking to work with local fisheries managers to identify how all the potential impacts can be mitigated. All of that together presents an opportunity to improve the conservation status of salmon. My officials are discussing the draft template for a conservation plan with local biologists to ensure that it is fit for purpose and can deliver on the areas that have been identified as requiring action. This is an important initiative that I hope everyone will engage with positively and constructively. I recognise that there has been a delay in laying the regulations. However, much of that reflects the time that we have taken to understand and respond to the concerns and questions that anglers and other wild fisheries interests have raised. I am conscious that there are concerns about the robustness of the data that has been used to underpin the assessment of conservation status. The assessments use the best available data, including data from the rod catch and electronic fish counters. The methodology that is used is in line with that used in other countries, although it is tailored to the Scottish situation. When the regulations were laid, we gave a commitment to listen to new evidence and information from local fisheries managers and, if necessary, to amend the categorisation. Marine Scotland is very willing to work with and support fishing interests to adapt during the implementation of the regulations. The goal is eventually to be able to categorise at a river-by-river level, but that cannot be delivered at the moment. We have met and will continue to meet local biologists to discuss the current process and to consider how the data that supports the determination of conservation status can be developed and refined for future years. Many angling clubs continue to express concern about the potential impact that mandatory catch and release will have on their clubs, many of which are already facing declining membership numbers. To help mitigate the potential impact of the measures, we will fund a two-year programme to support angling clubs that need assistance in promoting catch and release as a sustainable and responsible practice. My officials are in discussion with the Crown Estate about how it might take a pragmatic view when considering what can be done to assist angling association tenants that have raised concerns about their financial viability—particularly, but not exclusively, as a result of the measures that we are discussing today. We are also in discussion with those who will be affected by the prohibition on coastal netting about the financial impact on their businesses. I place on record my appreciation for the way in which the coastal netsmen and their representative body have engaged with us on the measures and for the positive manner in which they have looked to work with us. Much of the dialogue that has taken place has—understandably—not been easy, but many people in the sector are aware of the basis on which we are moving forward. We are looking to widen our science focus to encompass a broader Scottish perspective, including more specific work on the economic viability of the practice of ranching and on the impact of cultural activities such as haaf-netting. Many coastal netsmen remain optimistic that the prohibition could be lifted in the future and that they will have the opportunity to fish in a sustainable manner thereafter. I will finish where I began. Some of the changes and the dialogue about them have not been easy for all those involved, but I believe that the regulations strike the right balance between conservation of the species for the benefit of future generations and the interests of those who fish for salmon today. My colleagues and I will do our best to answer any questions.
In the same item of business
The Convener (Rob Gibson)
SNP
Good morning and welcome to the eighth meeting in 2016, and the final meeting of this session, of the Rural Affairs, Climate Change and Environment Committee...
The Cabinet Secretary for Rural Affairs, Food and Environment (Richard Lochhead)
SNP
Good morning, convener. I would like to thank you and the committee members, given that this is your last meeting of this parliamentary session. It has been ...
Dave Thompson (Skye, Lochaber and Badenoch) (SNP)
SNP
Good morning, cabinet secretary and your team. I have a constituency question that is to do with the River Lochy, although the implications go wider than jus...
Richard Lochhead
SNP
As I said in my opening remarks, good and constructive discussions have been taking place on specific issues across the sector to deal with individual circum...
Jeff Gibbons (Scottish Government)
We have been in discussions about the Lochy project in the context of its commercial and conservation benefits, although the focus has been more on the comme...
Jim Hume (South Scotland) (LD)
LD
Good morning, cabinet secretary. I have concerns about some of the measures. Some of the data that has been used is based on rod counts and the number of fis...
Richard Lochhead
SNP
I ask Jeff Gibbons to answer the point about the need for regulation on the Tweed. I will then answer the point about haaf-netting.
Jeff Gibbons
We had numerous conversations with the River Tweed Commission about the kill licence approach and the importance of demonstrating to Europe how the Scottish ...
Richard Lochhead
SNP
I assure the committee that no one in Scotland is saying that the data is perfect or that it does not require improving over the coming years, but we can wor...
Jim Hume
LD
My first point was about the property rights of haaf-netters and the like. They are going to lose the right to do what they have been doing for hundreds of y...
Richard Lochhead
SNP
We have discussions taking place with different parts of the sector on different issues. We want to work with the haaf-netters and on the science to move for...
The Convener
SNP
We have a long list of members who want to come in: Joan McAlpine, Claudia Beamish, Elaine Murray, Jackie Baillie, Michael Russell, Alex Fergusson, Sarah Boy...
Joan McAlpine (South Scotland) (SNP)
SNP
Thank you for allowing me to attend your committee, convener. Cabinet secretary, my question is also about haaf-netters. I have raised the issue in a number ...
Richard Lochhead
SNP
I know that Joan McAlpine has taken a close interest in the cultural heritage of haaf-netting. I have read her eloquent articles in the media, as well as her...
Joan McAlpine
SNP
Are you saying that the haaf-netters would be involved in counting the number of fish to help you improve the science?
Richard Lochhead
SNP
I ask my officials to bring you up to date with the discussions and say what the scientific project might look like.
Jeff Gibbons
I have met the haaf-netters a couple of times to discuss their issues. The activity can continue, but their key message was that being unable to take one or ...
Claudia Beamish (South Scotland) (Lab)
Lab
I wish a good morning to the cabinet secretary and his officials. I will continue on the line of questioning about the haaf-netters. My colleague, Elaine Mur...
Richard Lochhead
SNP
I ask Jeff Gibbons to answer that.
Jeff Gibbons
When I met the haaf-netters, that was certainly what they were discussing. When we talked about acceptable levels of mortality under catch and release, I exp...
Claudia Beamish
Lab
That is helpful. I wish to ask another question.
The Convener
SNP
Please do.
Claudia Beamish
Lab
Thank you. My colleagues Jackie Baillie and Elaine Murray also want to highlight issues from their perspective. I have also been asked by Dave Stewart and R...
Richard Lochhead
SNP
My colleagues will come in on capacity and how we will approach that. Although we have a lot of support for the categorisation approach, many concerns are b...
Stuart Middlemas (Scottish Government)
We consider districts rather than rivers because that is how data on rod catches have been collected. When people put in their rod-catch return, they do not ...
Claudia Beamish
Lab
Thank you. I have a final question. Has there been assessment of the implications for protection and conservation of salmon in the future—per se and for the ...
Richard Lochhead
SNP
There are two key drivers for our acting now rather than waiting until we have more statistics or whatever about the rivers—although we still want that infor...
Elaine Murray (Dumfriesshire) (Lab)
Lab
It is nice to be at the final meeting in this session of the Rural Affairs, Climate Change and Environment Committee, as I was also at its first meeting. I ...
Richard Lochhead
SNP
The debates that Elaine Murray highlights and the concerns that have been expressed are perfectly legitimate, and I accept them. They are very familiar to me...
Stuart Middlemas
We are speaking to local biologists from the Annan and Nith areas about taking on data that they have. One of the problems that we have from the science side...