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Fishing the Annan

Environmental Managers Quarterly Report July 2002

 

Fencing

Due to the wet weather and the resultant delay in cutting silage the programme slipped but it is now well under way. Fencing has taken place on the lower Mein, The upper Kinnel and the mainstem Annan at Milton.

 

Bankside revetments and instream works

 

This year’s instream and bankside revetments works have not started yet due to the high water that we have experienced through spring and early summer. As soon as the water recedes to a manageable level log and Christmas tree revetments will be installed on the Annan water and the Moffat water. Additional work is also planned on the water of Ae (in partnership with the Barony College) and as mentioned in the last report on the lower Evan in partnership with East West Haulage. We should have had all of these works completed by the end of July but conditions have been too dangerous to work. All work will now be completed by the end of August, weather willing.

 

Education

 

The salmon in the classroom project has been completed with all schools having a field trip to the river to identify fish and invertebrates. A number of schools have already come forward for next years programme. A number of open days will be held in late August this year where members of the public and agencies will be able to view the work that has been carried out in the last few years, dates have yet to be set but firmly but the 24th and 31st look to be the most likely at the moment.

 

Survey work

 

The fisheries board employed Kelly King in June this year; he is currently undertaking a detailed habitat survey of the Milk catchment. This is a major tributary on the river that thus far we have very little information on. Early indications are tat there is much to do on the river and that the current land use could be significantly reducing its productivity in some areas.

 

The collation of all of the survey work is continuing but has been slowed down, as we do not yet have the SFCC database that is invaluable for this to continue. We paid for this database some time ago but it has not yet been delivered. This is a concern as it raises questions about the value for money that we get out of SFCC membership. Later on this year this issue is being raised at a management meeting to resolve it. I have indicated to the SFCC that if we do not get resolution we will withdraw from the organisation.

 

 BGE Gas Pipeline

 

Both the Ae and the Kinnel have been successfully crossed by BGE without causing any significant pollution problems. The reinstatement of these areas is now underway and the Fisheries board will work closely with the contracting company, Entropose, to ensure this happens smoothly.

 

What everyone will be aware of however is that not all of the operations have gone smoothly. Silt run of from the site has been entering the Coggries and Griegsland burn on frequent occasions and causing significant problems for the fishery on the river. As a result of this the fisheries board has been assisting SEPA in the collection of formal samples with the view of submitting a case to the fiscal. On the 16th of July SEPA’s licensing team decided that enough evidence had now been gathered and a report is on its way. Independently of SEPA the fisheries board has been negotiating a compensation package with BGE. We now have a sum of £5,000 to be distributed amongst owners who have a fair claim for loss of fishing at the fisheries boards’ discretion. We are also negotiating a much larger amount that will be used for project work on the river. The amounts that are involved in this are a matter of commercial confidentiality and can not yet be disclosed to the board.

 

Pollution

 

As usual a list of the recorded incidents has been supplied by SEPA and attached to the back of this report.

 

Salmon conservation bill

 

At the last board meeting a number of changes to the regulations on the Annan were suggested. We have now as asked been in contact with the Association of Salmon Fishery Boards and the coloured insertions into the original text are some of their comments.

 The salmon conservation bill is basically an amendment to the 1986 Salmon Fisheries (Scotland) Act and all of the restrictions that have been spoken about in the past would be implemented through this various sections of this act.  

1.       Catch and release of salmon from the 25th of February to the 1st of June and from the 16th of November to the 30th of November. Section 10 (important that this refers to salmon specifically and not salmon and sea trout) Possible to make separate regulations for both species which are covered by the Act – brown trout are of course not covered as it refers to migratory salmonids only

2.       Change in the annual close time for sections of the rod fishery from the 16th of November to the 30th. Section 6. You will know the form on the ground but this could cause controversy and the Executive may be reluctant to do this. We should discuss.

3.       Prohibition of certain baits and lures at certain times of year. Prohibited methods have to be listed it is not sufficient to just state what methods can be used. Suggest outlawing worm, shrimp, prawn and multi hook lures (e.g. Rapalas) during the fishing season up until June and after the end of September. Section 8 Some of this will be done under the Salmon Act 86 and some may require the Salmon Conservation Act 2000 – processes largely the same

4.       Change the annual close time for sea trout so that no fish can be killed after the end of August. Section 10 allows sea trout to be named for separate legislation. Section 6 allows for the change in the annual close time. Close time can be changed under the 86 Act but Catch and Release will require the Conservation Act. Do you mean close time or C&R?

The parts of the river that would be affected by the rod fishery would be proprietors that agreed to lease there fishing entirely to either RADSFB or RAFIA. This agreement would be made before making the application and only those sections of the river that agreed to these proposals would be included in the application. The area defined for the regulations would need to be coherent and easily identified, and ideally not fragmented. Also in certain areas of the river it would be inappropriate to extend the season due to the risk of disturbing spawning fish. It is therefore suggested that the extension would not apply to any tributaries of the river and will be confined to the main stem of the Annan from three waters meet through to the bottom. Again can we discuss.  

The order that this legislation would progress is:  

Would advise strongly that there is a lot of preconsultation both with the river and SEERAD so as to avoid confusion and criticism when advertising

Write to SERAD outlining the proposals and supply supporting information. SEERAD will ask the Board to advertise the proposals once/if they consider it meets the requirements of the Act. They will then draft the necessary regulation once they are happy with the proposals post 28-day advertisement (in light of objections/representations received - MSPs are not, I think involved, nor is Parliament given any opportunity to comment, given that this is secondary legislation) they word the legislation into legal jargon. Once the reworded bill this is a regulation not a bill is returned with any amendments that both parties are happy with the bill has to be advertised for two consecutive weeks in the most relevant local paper and the Gazette. The bill is then placed on the register of new bills for 28 days whilst letters of support and opposition are evaluated. After 28 days if no MSP’s raise any questions about the bill and the balance of replies is in favour of the bill it automatically becomes law. If questions are tabled the bill is debated in parliament and put to a vote.

 

Sunday fishing

 

The board asked for affirmation of the law regarding fishing on a Sunday in rivers that have a salmon fishery. Broadly it is not an offence to fish on Sunday in Scotland unless you are intentionally fishing for salmon (under Scots law this includes sea trout). If whilst fishing for other species you accidentally hook and land a salmon it must be returned unharmed to the water. An offence is committed if the fish is killed. As requested the Association was asked to provide clarification on this matter and there comments are listed in the letter below.

 

Miss A Rafferty

Clerk

Annan DSFB

McJerrow & Stevenson

55 High Street

Lockerbie

DG11 2JJ

 

24 June 2002

Dear Miss Rafferty

 

Sunday fishing

 

I was asked by Nick Chisholm to write to your Board to clarify the position with regard to Sunday fishing in Scotland, following on from some discussion on this matter at a recent Board meeting.

 

Section 13(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 provides that no person shall fish for or take salmon during Sunday. Additionally, it is an offence to fish for or take salmon between 18.00 on the Friday and 06.00 on the following Monday, except during Saturday or Monday by rod and line. For the purposes of the legislation, the term 'salmon' is taken to include sea trout.

 

As far as I am aware, there are no statutory provisions relating to a prohibition on Sunday fishing for brown trout, or indeed any other species of freshwater fish in Scotland, irrespective of whether these species occupy waters containing salmon and sea trout. Some proprietors and angling associations do have certain rules on Sunday fishing for trout and other fish, but a breach of these rules would not constitute a criminal offence in itself.

 

I hope that this helps.

 

Yours sincerely

 

 

Brian Davidson

Assistant Director


Scottish Environment Protection Agency

Report for RADSFB Meeting on 25 July 2002

Water Pollution Incidents/Reports in River Annan/Kirtle Water Catchment

18 March 2002 - 17 July 2002

 

Date

Reporter

Location

Incident/Watercourse

Action Taken

10/5/02

Monitoring Officer

Gas Pipeline – various locations

Silt – tribs Annan

Advice given to Entrepose

 

24/5/02

Public

Johnstonebridge

Suspected paint discharge from septic tank – Annan

 

Source not traced

24/5/02

NC

Gas Pipeline – various locations

Silt – tribs Annan

Meeting with Entrepose

 

31/5/02

SEPA

Gas Pipeline RDX2, Beattock

 

Silt – trib Dead Burn

Final warning issued

17/6/02

SEPA

Gas Pipeline Nether Garrel, Parkgate

 

Silt – Garrel Burn

Samples taken

17/6/02

SEPA

Gas Pipeline Kirkland Burn

 

Silt – Kirkland Burn

Samples taken

17/6/02

NC

Gas Pipeline RD X12 Ae

Silt – trib Water of Ae

Formal samples taken

 

18/6/02

NC

Gas Pipeline RD X12 Ae

Silt – trib Water of Ae

Formal samples taken

 

2/7/02

NC

Gas Pipeline – Trummyrig Beattock

 

Silt – trib Cogries Burn

Formal samples taken

2/7/02

NC

Gas Pipeline Hazelbank Johnstonebridge

 

Silt – trib Greigsland Burn

Formal samples taken

3/7/02

NC

Gas Pipeline Threegill Cleuch Beattock

 

Silt – Threegill Cleuch

Formal samples taken

3/7/02

Public

 

Hoddom

Silage effluent – minor trib Annan

 

Advice given

4/7/02

NC

Gas Pipeline Oakbank, Beattock

 

Silt – trib Cogries Burn

Formal samples taken

11/7/02

Farmer

 Waterbeck

Slurry spill – trib Kirtle

Advice given

 

11/7/02

Public

Annan

Discolouration – probably silt

No action taken

13/7/02

Public

R Annan at Halleaths

Silt – R Annan

Entrepose requested to investigate

 








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