Minutes of the Local fishery Group.

Lots of effort but seems to me little reponse from those who need to take action.

Lynffi interesting in particular -oh they might even take notice of local anglers on the spot or even accept water samples.    Couldn't make it up really could you.     A prosecution - don't think so do you????

Group

 

Minutes of meeting on 01/10/20  held on Skype and Chaired by David Revill .

 

In Attendance:

David Revill – Chairman, Riparian Owner

Simon Evans – WUF

Peter Gough - NRW Principal Advisor Fisheries

Jason Jones – NRW Fisheries Technical Specialist

Tim Kidson – Hereford Anglers (700 members)

Richard Woodhouse – Ross Anglers (347 members)

Stuart Smith – Wye Salmon Association (21  owners, 11 Gillies, 354fishermen)

Chris Bainger – Environment Agency

Paul Vernon – Wye Salmon Association

Ann Weedy – NRW

Peter Horsburgh – Wye Catchment Conservators. Riparian Owner

Holly Sisley – NRW

Paul Frodsham - NRW

Caroline Moscrop – NRW

Mark Roberts – Gwent Anglers (185members)

Beccy MacDonald Lofts (Chair of EA Wye Navigation Advisory Committee)

Paul Senior - EA

Chris Bainger – EA

Judy Smith - EA

John Pearson - Owner

 

Apologies: 

Alfred Pope – WCC   & Riparian Owner

Patrick Darling – Riparian Owner, WCC

Tony Norman – LAFA (Approx 100 members)

Charles Hopkinson – Riparian Owner

 

Meeting opens 14.00

 

1.0 Welcome Introduction

1.1    PG gave a brief introduction on the use of Skype for meetings.

 

2.0 Minutes of Last Meeting and Matters Arising

3.0 Fish Passage & Riparian Habitat

3.1 WUF  Electro Fishing results should be finished next week. Post mtg Note – should be available now.

          ACTION: SE to circulate

3.2 Already showing strong numbers in upper Wye above Builth and a continued recovery in the Elan with fry numbers up 20 fold in 5 years. Top of Ithon was excellent although problems lower down.  Irfon is below what they would expect but OK. WUF has concern about the Tirabad site on South Dulas which that has dropped 80%. This needs to be flagged for more NRW poaching patrols.

          ACTION: PF to consider

3.3 SE pointed out NO juvenile salmon were observed/recorded in the Monnow, Arrow or main stem below Glasbury.

          ACTION: SE and PG to discuss potential improvements to fish passage on the Monnow

3.4 Continuing with farm advice, with EA pushing enforcement (they have recently served 22 breach notices). 3 Maize drills now working including one in Trothy.

3.5 Also working with Dairy (Muller, Arla), Soft fruit growers (Berry world), the poultry sector (Noble, Avara, Stonegate) with funding from Tesco, Co-op, Botanica and Glade, to reduce the impact of food production on the river and water abstraction.

3.6 A Rust fungus that afflicts the variety of Balsam infesting the main stem (but not the Lugg) has now been introduced at Clifford Common. This will not eliminate the species but will make eradication possible.

3..7 WUF now has two wetlands at point of planning that will take 300 Kilos of phosphate out of Lugg. 1000 KGs need to be removed. Working with HCC to build 6 further wetlands that would remove the remaining 700 kilos.

3.8 SE reported 700t gravel has been moved from the upper Wye to the Elan

3.9 WUF has moved their sonde from the Lugg to the Ithon to try and understand better what is causing the algal blooms.

 

4.0 Abstraction and Regulation

4.1 PG confirmed that the Review of Consents was completed and new abstraction licence issued where required. This is partly an outcome of the UWAG.

If there is any uncertainty about the new abstraction and regulation regime then NRW could arrange for a briefing.

4.2 Issues Noted with nutrient management plans in the Ithon catchment.

4.3 RW stated that water abstraction should cease when the Redbrook gauge falls below a             certain level. A large farm at Weir End has applied for more licences to abstract and was pumping throughout the low flows. Can a definitive map/list of all licences be published so anglers can monitor their local areas for illegal activity which they can then report?

      4.4 PG asked if Weir End was reported. RW confirmed it was not.

      4.5 PG suggested an expert be invited to the next meeting. ACTION PG/CB

      4.6 Info on water level when abstraction is to cease to be provided for next meeting

ACTION PG/CB

 

5.0 Water Quality Matters

5.1 AW now doing work on phosphate levels in the Wye and is likely to be advising against further development in Powys.

Sally Tansey has been appointed to coordinate work on nutrient management in the Wye and other N2K sites in Wales.

5.2 SS/PV not convinced evidence is available as not enough monitoring has been done historically.

5.3 AW confirmed that monitoring is still done but has been significantly reduced in scope. If a problem is found with phosphate, then NRW will advise against further development based on precautionary principle.

5.4 SS was concerned that NRW’s objective would be overridden by Powys CC. DR stated that legally they are entitled to do this, but it would be foolish, as it would leave them open to a judicial review that they would almost certainly lose.

5.5 MR was concerned where there are existing developments that were already failing, and stated that NRW has a regulatory role. So can’t retrospectively prosecute, but can enforce pollution/phosphate measures.

5.6 MR asked PG if NRW had the resources to ensure enforcement? As if funding was not found, then the situation could only get worse.

5.7 SE messaged DR to flag that the Wye SAC has been failing for Ranunculus since 2013, and that NRW were aware of this. Despite this though, they did not apply the precautionary principle as required in a SAC, when not objecting to chicken farm planning applications in the Irfon catchment. AW stated that the phosphate targets for the Wye were tightened in 2016. SS pointed out that there was eutrophication in 2013.

ACTION: PG will explore with SE.  

SE reiterated that planning that added to the eutrophication of the catchment should have been advised against from 2013.

5.8 Lynfi Pollution – MR queried whether Gwent Anglers (GA) can collect permissible evidence for enforcement? AW explained what happened in this case, and that it was organic pollution. NRW are still putting a case file together, and need to be able to show sufficient evidence.

5.9 MR noted that owners who invested in the river are the victims. It is very annoying that the press releases are not raised with Gwent Anglers first, and that they are treated as owners of the damaged resource. It is essential that NRW should regularly speak to victims of crime.

5.10 MR asked if any samples were taken from the anaerobic digestors, after 3^rd pollution incident in 5 years? He also stated that he saw no leadership within the investigation.

5.11 AW stated that they had thrown significant resource at it, and in time you will see what this entailed.

5.12 PG stated that NRW wanted to look at how they use angler’s observations, and want to look at scope of improving coverage using this. PG will speak to colleagues and look at bringing in anglers’ groups (JG agreed and wanted to be involved)

ACTION: PG to consider and discuss with JG

5.13 MR stated that with Dave Collins, 100+ samples were taken, but they were refused by NRW. MR could not understand this as they video-recorded the taking of samples on site, and they were prepared to give evidence to that effect. AW confirmed they had been rejected.

5.14 NRW confirmed that because they had to deal with two other incidents they did not attend site until 13 hours after the spill started.

5.15 MR asked what probability they needed to bring a prosecution AW stated 75%.

5.16 NRW stated they would look at procedures for members of the public to collect evidence at a pollution incident, and would provide manual of how they do it.  ACTION NRW

5.17 SE stated that he was disappointed that a farm that had received so much advice from NRW and farm consultants had this record. They had turned WUF away.

5.18 SE commented that EA were doing a good job in Herefordshire catchment with enforcement with 11 staff out on the ground at the moment enforcing basic rules

 

6.0 NRW Updates

6.1 FEB advisory group. Contracts have now been arranged and NRW were expecting to appoint a contractor soon. NRW need to ensure that they have a legally robust case, if they are to proceed to a position in which wild fauna might be culled, as they would need to have an assured position for any prospect of a legal challenge.

6.2 Surveys of FEBs will occur over the 20/21 winter season, with the whole river being surveyed plus 1/3^rd of tributaries to build population models. The birds themselves are legally protected, so it is important that the right balance is struck if both the fish and bird designations are to be protected.

6.3 One member noted current evidence in England and Wales showing that FEB populations are up 81% (but no details were provided).

6.4 PH stated that it looked like ‘analysis paralysis’ and that Chris Packham is a director of BTO who, he believed, will be carrying out the count. So, queried can they be viewed as independent? Post Meeting Note – Can the counters be accompanied by an auditor? Ie someone from the fishing community, to ensure fairplay?

6.5 PG stated that it is essential the data is contemporary and scientifically reliable, as these are litigious times.

6.6 PH stated that he would circulate the atlas of latest ornithological counts (now done). He also stated that dark forces at work to prevent any shooting of birds.

6.7 PG noted that surveys in England are more comprehensive, and undertook to send the results of the Bird survey to PH

          ACTION: PG to ensure survey results are circulated in due course.

6.8 PV queried whether NRW have the resources to pay for this. PG confirmed the resources were in place. PG also pointed out that the General Licence had been subject to JR.

6.9 Updates:

6.9.1 Rod Licence sales were up on forecasts, and commended the ‘Fishing in Wales’ website (designed by anglers for anglers).

MR pointed out that funding for this initiative was for a limited period only. PG stated that there was every intention to keep the FiW website and initiative going, but cannot speak for Visit Wales who had part-funded the work.

6.9.2 Statutory advertisement of unchanged rod licence duties has been completed with only 1 objection received across England and Wales. The duties were to have changed for 2021 but this is now postponed.

6.9.3 Coastal netting – new net licence duties are to be proposed for 2021. Future work will assess sustainability grounds.

6.9.4 Blackrock netsmen – noted that political lobbying is still going on.

6.9.5 Eels – great majority of market will end with Brexit. A ‘Non Detriment Finding’ is required to maintain European trade, but no fishery in Wales, including the cross-border rivers – is included in this.

6.9.6 Beavers – noted that there is a current online consultation on a ‘minded-to’ position to approve the release of beavers into an enclosure in the Dyfi catchment.

6.10 Stock Assessment

6.10.1 PG noted that salmon populations in most Welsh rivers, and many sea trout stocks are now ‘At risk’. The trajectory of all bar one salmon stocks is ongoing decline. The Wye remains AT RISK. The current salmon C&R byelaws on Wye expire in December 2021, and that now is the time to seek views of stakeholders. The consultation was starting now. Views?

SE no additional changes, over those measures currently in place are needed.

DR keep as is, as anything else would send a message that things are getting better or we don’t care. It would run counter to pollution and FEB arguments.

MR asked if it was worth doing something to speed up recovery like stocking a tributary, so it can be monitored? PG stated this was visiting old ground, and would be against most of the findings in published evidence for salmon.

PH suggested stocking above Elan Dam, and the smolts then lifted over?  PG stated that there were multiple issues with that, firstly being where do parents come from? PH pointed out from below damn. Post Meeting Note - Post spawning if re conditioned? PG stated this was redistributed fish not new fish. Post Meeting Note – Given juvenile counts are getting higher on Elan, could a point come when some fish are lifted over the dam to spawn? This would still leave sufficient spawners below?

6.10.2 CB Now putting forward new byelaws for the Severn net fishery. Having to redo all data, and should be ready in next day.

6.10.3 CB commented that on recent rain, a pod of salmon was seen going over Shrewsbury Weir.

 

7.0 Navigation

7.1 SS/JP started this item by suggesting that there needs to be greater guidance to canoeists to prevent them landing on  private land. JP has been speaking to Paul Senior on this matter.

7.2 JP There have been reports of guides landing and camping on private land with customers. Rubbish has been left including BBQ’s. Notices saying ‘no landing’ have been torn down. We need to see the EA take a stronger line, and ensure that a clearer message is conveyed to canoe companies and canoeists.

7.3 JP stated that the Wye Navigation order is very clear. It says the river must be used responsibly, and that navigators are responsible for damage and can be liable for fines. JP stated that the EA had a legal responsibility to enforce the navigation order. The vast majority of navigators were OK, but one or two companies and individuals don’t pass on rules, and tell canoeists they can land.

7.4 PS nobody is disagreeing with JP and we do have a duty as the navigation authority. However, the advice they had been given was that things had improved. However, there has been a massive upsurge of people this year wanting to go out post lockdown. PS stressed that violations MUST be reported on the 0800 number.

7.5 BML (Chair of the Wye Navigation Advisory Committee) introduced herself and stated she  was a kayaker on the Wye. She felt that a meeting between landowners and canoe companies should be facilitated, and also that more social media should be carried out to raise awareness.

7.6 JP stated that one website even suggested that canoeists could stop on his land. They have also since told canoeists they can land if there are no signs. All canoe companies need to provide a simple standardised set of rules to canoeists and at launch sites. There has to be an improvement in communication. This is after all an AONB and a SAC.

7.7 PV gave his experience below Monmouth - there seems to be nothing available to them and no code of conduct. It should be licenced.

 

10.0 AOB

10.1 SS asked what is happening to the Salmon Action Plan (SAP) which the LFG spent 6 months putting together/arguing over etc? PG stated that he had not heard from the authors and has therefore not done credit to the investment put into this.

ACTION: SS to seek LFG volunteers to take forward the SAP forward.

10.2 PV raised a water quality issue. AW had brought a lot of news, but how is the news to be communicated, and how will any prosecution be communicated? PG agreed that his is important and that NRW needs to make sure there are no mixed messages. SS pointed out that would be closely watched by angling community.

10.3 PV similarly with FEBS: the message needs to be broadcast.

10.4 SS flagged the NRW briefing note on escaped Scottish farmed fish. PG stated that this had been for info only. Experience in NW England, where the risks of escapees was higher and permission had been given to kill capture farm fish, had been that an equal number of wild fish had been killed by anglers to escapees.

 

Post meeting Note JP asked me  to append the following on Navigation.

1. Provide copies of correspondence with Canoe companies so content and frequency can be assessed to see if improvements could be made.  Action EA

2.  Instead of calling a meeting, implement suggested improvements to communication with Canoeists in attached document.  Action EA

3.  Provide details of monitoring of river leisure use and data derived from it for the purpose of promoting the LFG’s understanding of the rigour with which this monitoring programme is carried out and the statistics which are derived from them.  Action EA

4.  Report all incidents of navigation related trespass and bad behaviour so that a clear picture emerges and EA have a proper picture.  Action All anglers, fishery and riparian owners promulgated and co-ordinated jointly by WCC, WSA and WUF.

5.  Provide a detailed explanation as to why collection of a license to canoe the navigable part of the Wye, along the lines of a license to fish, is not a feasible or cost effective option.  Action EA

6. Share electrofishing data with group. Action WUF

 

 

11.0 Date of Next meeting to be confirmed.