Coarse Fishing (Hansard, 21 February 1995)

§ Mr. Jack

In December, the National Rivers Authority applied for confirmation of new byelaws intended to rationalise the existing rules for the coarse fish close season and to produce a consistent and uniform system for England and Wales. In place of the present widely varying rules, it has proposed that a close season should apply to all rivers, streams and canals from 15 March to 15 June but be dispensed with on all lakes, reservoirs and ponds.

The Salmon and Freshwater Fisheries Act 1975 specifies a statutory minimum close season for fishing for coarse fish, but current legislation also gives the NRA the power to make byelaws to alter the close season or to dispense with it altogether. This power was available to the former water authorities which, prior to the creation of the NRA in 1989, were responsible for the regulation and management of salmon and freshwater fisheries. Many made use of the power with the result that in Devon, Cornwall and Gwynedd there is now no close season at all; in northern England and Lincolnshire there is a close season on rivers and streams, but not on stillwaters; and in the rest of the country there is a close season on all waters. As a result anglers are often confused about the rules that apply and the fishing opportunities that exist, in different regions.

The NRA advertised the proposed new byelaws last September. Ministers received 256 objections. The NRA wrote to all objectors and, in the light of its explanations, six objections were withdrawn.

In submitting its proposals to Ministers, the NRA stated: there is no clear evidence that angling for freshwater fish during the period of the statutory close season will have a widespread deleterious impact on fish".

Nevertheless, it considers that, in our current state of knowledge, a statutory close season serves a useful purpose on rivers and streams, where fish stocks are rarely discrete and fish move between stretches of river. Fishing rights along a river are often held by a number of different bodies, and, in these circumstances, individual fishery owners are not able to take the steps to protect fish stocks that they feel are necessary. The NRA is therefore proposing that there should be a uniform close season on all rivers and streams. There is widespread support for this idea, and there were few objections to this element of the NRA's proposals. We intend to accept it.

The NRA has proposed that canals should be treated in the same way as rivers. This would entail imposing a statutory close season on canals in northern England and in Devon and Cornwall, which are currently not subject to one. There has been a substantial number of objections to this element of the proposals, both from individuals and angling clubs. We have considered these, together with the case put to me by the NRA, with care. We accept that there are sound reasons for wishing to have the same rules applying to all canals, but we have seen no evidence that the current lack of a close season on the canals in question 103W has had any adverse effect on these fisheries, or on fish stocks and, we have, on balance, concluded that there is not sufficient justification for extending the close season to these canals.

In other parts of the country, the position may be different. In some areas it may be difficult to make a realistic distinction between rivers and canals, and there may be wider conservation arguments for retaining a close season on some canals. We would not wish to suggest, therefore, that the close season should be removed from canals which are currently subject to it without full consideration being given to all the relevant factors. If anglers or fishing owners feel that the close season should be ended on a particular canal in this category, they should take the matter up with the NRA. It will then be for the NRA to consider each case on its merits and, if it believes that a justified case has been made out, to propose the necessary change.

In contrast to most rivers, the majority of lakes, reservoirs and ponds are under single management with discrete stocks of fish. The NRA argues that, in these circumstances, management of these stillwater fisheries, including decisions on whether to impose a close season, can be left to individual fishery managers and it is proposing that the close season should be removed on all lakes, reservoirs and ponds.

This element of the proposals attracted a large number of objections. There are widespread fears that the removal of the close season would have adverse effects on spawning fish, breeding birds, other wildlife and, more generally, on the waterside environment. Both Ministers and the NRA have a duty, under the Water Resources Act 1991, to exercise their powers in respect of proposals they are formulating or considering so as to further the conservation of flora and fauna of special interest in so far as this is consistent with the NRA's statutory functions. A number of objectors felt that the proposals did not take adequate account of these wider conservation implications.

We have carefully considered the case put to us by the NRA, and the points made by objectors. Our conclusion is that there is no convincing case to be made, from a fisheries management point of view, for the retention of the close season on these waters. We have also concluded that, in general, a statutory close season is not an appropriate instrument for furthering the conservation of flora and fauna. Not all waters are of equal conservation value, nor is angling the only leisure activity to have an impact on the waterside. Boating, walking, riding and cycling, for example, all take place on or close to many waters during the close season and in our view there is no justification for singling out angling as the one activity that must be statutorily suspended.

Nevertheless, we fully accept that anglers and fisheries managers can make an important contribution to conservation, and we very much welcome the NRA's initiative in drawing up, in consultation with English Nature and the Countryside Council for Wales, guidelines to assist fisheries managers to manage their fisheries in an environmentally friendly way. We also recognise that ending the statutory close season could have an adverse impact on sensitive sites of particular conservation value, and we have concluded that, on balance, it should be retained for such sites. Accordingly, we are proposing to the NRA that its proposals be modified to retain the statutory close season on sites of special scientific interest 104W which might be adversely affected by its removal. English Nature and the Countryside Council for Wales have been asked to provide advice on such sites.

We have also noted an objection from the Broards Authority to the proposed removal of the close season on stillwaters in the Norfolk broads. The authority argues that the broads form a single, and important, ecosystem, and that there are no valid reasons for distinguishing between rivers and stillwaters in the broads. We accept this argument, and are proposing that the proposals be modified to retain the close season on them.

In Yorkshire a byelaw currently prohibits the use of keep nets on stillwaters between 15 March and 15 June. The NRA has noted that such a prohibition does not exist in other regions that permit fishing to take place during the close season, and that this does not appear to lead to any problems. In these circumstances, it is proposing to revoke the bylaw in question. Although there have been objections to this proposal, we accept the NRA's arguments on this point and intend to confirm this proposal.

Under the provisions of the Water Resources Act, modifications to proposed byelaws can be made only with the consent of the NRA. Provided that the authority gives its consent to the amendments I have outlined, I hope that it will be possible to bring the new arrangements into effect before the start of this year's close season on 15 March. Arrangements are in hand to ensure that those directly affected by the amendments we are proposing have the opportunity to comment on them; if necessary, further amendments could then be brought forward before the start of next year's close season.