9. Fishing and fish stocking

This section describes the mechanisms to conserve and protect fish populations.

The Environment Agency is responsible for the management of freshwater and migratory fisheries in England. This responsibility extends 6 nautical miles out to sea. The Environment Agency has a specific duty to maintain, improve and develop fisheries, including both migratory and freshwater fish to:

• conserve and maintain diversity of fish and conserve and the aquatic environment
• enhance the contribution that salmon and freshwater fish make to the economy
• enhance the social value of fishing

Specifically, the Environment Agency is required to maintain, improve and develop salmon, trout, freshwater fish, lampreys, smelt and eel fisheries. This includes making sure that inappropriate fish species are not introduced and that the diseases or parasites they may carry are adequately controlled.

In most recreational fisheries it has become popular to practice catch and release (almost 100% for coarse fish and eel and more than 70% for salmon) or to re-stock to support the development of new fisheries or assist recovery due to the impacts of environmental incidents. (Note, the Environment Agency policy is generally not to allow salmon stocking given potential impacts to wild fish).

Formal mechanisms to conserve and protect fish populations are as follows:

• national salmon byelaws 2018 and subsequent local salmon byelaws have either closed net fisheries or prohibited the taking of salmon in them. The taking of salmon by rod fisheries is also prohibited on rivers with the worst performing stocks and on all rivers before the 16 June each year
• fisheries byelaws; control fishing activities, such as bans on use of live bait and restricting the fishing methods used as well as fishing seasons and (for net fisheries) times and areas of fishing
• Aquatic Animal Health Regulations 2009 requires fish farms, suppliers and fisheries to be registered or authorised so that the transfer of fish diseases is better controlled
• Import of Live Fish (England and Wales) Act 1980 controls spread of non-native species. Regulates the import, keeping and release of non-native fish by means of Orders relating to specific listed species
• the Keeping and Introduction Fish (England and River Esk Catchment Area) Regulations 2015 prohibits the introduction of fish into, and the keeping of non-native fish in, inland waters without a permit
• Prohibition of Keeping of Live Fish (Crayfish) Order 1996 prohibits (with the one exception of signal crayfish Pacifastacus leniusculus in areas where it has become established) the keeping of any non-native crayfish except under licence
• Wildlife and Countryside Act 1981 prohibits release to the wild of scheduled invasive-non- native species or allowing them to escape into the wild
• Salmon and Freshwater Fisheries Act 1975 provides various powers for the protection and management of fisheries, including the introductions of orders that limit the number of nets fishing in a public fishery
• Water Resources Act 1991 sets out the responsibilities of the Environment Agency in relation to water pollution, water resource management, flood defence, fisheries, and in some areas, navigation
• Eels (England and Wales) Regulations 2009 allows the Environment Agency to translocate or stock eel, serve notices requiring eel passes in obstructions and requires provision of screens to protect eels

9.1 Other approaches

The Environment Agency works with national and local organisations to improve awareness of fisheries problems and encourage good practice. We administer a range of funds from rod licence income to address issues affecting fish stocks, often working in partnership with others. Accreditation schemes that encourage fish welfare and conservation help with this and include schemes that relate to products used by anglers.

To conserve and restore England’s salmon populations, Defra has published the England and Wales Salmon Implementation Plan 2019-2024 for North Atlantic Salmon Conservation Organisation - NASCO, which sets out the key priorities for action. Optimising conditions in freshwater to maximise the production of healthy wild salmon smolts and survival of returning adult salmon is centre stage.

To achieve this there are five priorities (set out in the Salmon 5-Point Approach initiative endorsed by Defra and the Minister):

• improve marine survival
• further reduce exploitation by nets and rods
• remove barriers to migration and enhance habitat
• safeguard sufficient flows
• maximise spawning success by improving water quality

We are using a range of approaches to deliver on these priorities including use of our regulatory powers, the river basin planning cycle, water company investment programmes and working with a range of partners.

Eel management plans are a requirement of the EC Eel Regulation 1100/2007, which was transposed into United Kingdom law via the European Union (Withdrawal) Act 2018. They aim to establish measures for the recovery of the stock of European eel in each river basin district. Measures may include:

• eel net limitations
• closed seasons
• maximum size limits
• regulation of eel traders
• traceability of imports and exports of eels
• stocking
• reducing losses through entrainment
• improved connectivity in rivers

Local fisheries action plans have been developed in some places in partnership between the Environment Agency and local angling and fisheries groups, with input from conservation and other interest groups. They are based on river catchments but cover canal and still-water fisheries as well as rivers. They can cover a wide range of subjects from fish habitat through to angling promotion and land management. Each fisheries action plan is different and reflects the concerns and priorities of local angling and fisheries interests.

Schedule 27 to the Water Resources Act 1991 provides the Environment Agency with powers to make emergency byelaws to respond effectively and promptly to unforeseen threats to fish stocks; to operate an authorisation regime for some fishing activities extending the fisheries licensing system. The Act gave powers for Ministers to introduce a new regulatory scheme to manage the movement of live fish to protect local and national biodiversity the Keeping and Introduction Fish (England and River Esk Catchment Area) Regulations 2015.

The Marine and Coastal Access Act 2009 established Inshore Fisheries and Conservation Authorities in England, previously Sea Fisheries Committees, who can introduce byelaws for the regulation of sea fisheries that have an impact on migratory fish, to protect these species. Byelaws can be used to control fishing activities to prevent bed sediments being disrupted, bed habitat being removed, flow/sediment dynamics being altered, contaminants being disturbed, and changes to water quality.

The Marine Management Organisation has responsibility for enforcing sea fisheries regulations out to 200 nautical miles or the median line with neighbouring. It also enforces national fisheries measures, including those implemented under the Sea Fish (Conservation) Act 1967 and associated regulations. Controls on the operators of shellfisheries and fish farming are available through Inshore Fisheries and Conservation Authorities, the Centre for Environment, Fisheries, and Aquaculture Science register, seabed licences from the Crown Estate and several regulating orders.

The Environment Agency works with the Marine Management Organisation, Inshore Fisheries and Conservation Authorities, and Centre for Environment, Fisheries, and Aquaculture Science to enable appropriate measures to be taken to regulate sea fish for the protection of salmon and other migratory species.

9.2 Eel Regulation

The Eels (England and Wales) Regulations 2009 (the Eels Regulations) support in the implementation of recovery measures in the 11 eel management plans. The Eels Regulations require the protection of eel at water intakes and make provision for eel passage at obstructions.

There is a requirement for the development of eel management plans (EMPs) comprising measures appropriate to effect eel stock recovery based on the pressures eels face within the river basin districts. The target is to achieve migration to sea of at least 40% of historic silver eel biomass levels.

The Environment Agency, on behalf of Defra has produced EMPs for the river basin districts in England and those that cross borders into Wales and Scotland. The Environment Agency is implementing the EMPs in England. Each plan sets out short-term and long-term measures to manage and monitor eel populations within each river basin district. Measures include regulation of eel fisheries, removal of barriers to migration, increasing available habitat and reducing the impacts of entrainment.

You can find further information at increasing eel stocks.