Minutes of evidence taken before the Committee

Minutes of evidence taken before the Committee

Annexes to the minutes of evidence

Annexes to the minutes of evidence

1. In pursuit of this inquiry the Committee read and assessed written submissions and took oral evidence from a variety of organisations. The Committee also read reports on small hydro-electric schemes, eutrophication, pollution control, biodiversity, pollution and prosecution statistics, and a number of other reports compiled by the Research Department of the Northern Ireland Assembly.

2. A total of 34 issues (hydro-electric schemes, abstraction, drainage, physical habitat, water quality, poaching, overfishing by rods, institutional organisation, commercial netting, tourism, biodiversity, public access, fishing rights, stocking activities, licences, cormorants, seals, afforestation, stocking genetics, fish farms, overfishing on coastal prey, bailiffs, penalties for polluting, mink, angler consultation, Crown immunity, species introductions, non-fisheries water users, catch and release, migration obstacles, EC Water Framework Directive, sheep dips, research, and land insurance) was identified within the submissions.

3. The above issues were grouped into the seven themes of biodiversity and fish predators, physical habitat and drainage, pollution, other non-fisheries environmental impacts, tourism and non-fisheries recreation, inland fisheries, and institutional organisation and European legislation.

4. A synthesis and critique of encompassed issues was produced for each theme, and appropriate recommendations made.

5. Of a total of 67 recommendations, only 14 (21%) were within a closely defined theme of inland fisheries. This single statistic illustrates the reliance of the successful future development of Northern Ireland's inland fisheries on the appropriate management of the natural environment as a whole.

6. The Committee was gravely concerned to discover that the fish population had declined so dramatically in recent years and in particular that the Atlantic salmon is in danger of becoming extinct unless urgent action is taken to stop this decline. Much of the deterioration can be attributed to man's abuse and neglect of the environment.

7. The Committee has been encouraged by the interest shown in this inquiry and believes that the recommendations contained in this report will do much to address the situation.

8. For ease of reference all the recommendations can be found in Section 11 of this report.

1.1 The original terms of reference for the inquiry were as follows.

• To examine existing policies in Northern Ireland concerning the management and conservation of salmon, trout, eels and freshwater fish.
• To report to the Assembly making recommendations to the Department and/or others on actions which would improve Inland Fisheries in Northern Ireland.
• The inquiry will take particular account of the need to maintain, and where appropriate enhance, biodiversity; the need to maximise the economic, social and recreational benefits derived from salmon and freshwater fisheries, taking account both of the interests of local communities and local factors and traditions, and the need for management of fisheries to be on a fully sustainable basis, taking account of the precautionary approach.
• The inquiry will also consider other factors that may affect the development and sustainability of these fisheries, i.e. planning policy in respect of industrial and housing developments along river corridors and lake shores, drainage, pollution and tourism.
• The inquiry will examine the institutional arrangements for the regulation and management of these fisheries including the role of the public sector and the need to involve all interested parties.

1.2 Following a public call for written submissions in early 2000, the Committee received 76 written submissions from a variety of different groups and individuals. The Committee invited oral submissions from 32 groups encompassing individuals, small and large angling clubs, the main Northern Ireland government departments and organisations with direct and indirect responsibility for inland fishing and related areas, as well as interested Non-Governmental Organisations. The groups were from all parts of Northern Ireland each with diverse and pertinent issues relating to inland fisheries. They were invited to make oral presentations of their cases to the Committee, followed by a question/answer session, between June and October 2000.

1.3 The Committee reviewed the submissions from those groups and individuals that were not called to make oral presentations to ensure that their views were covered by the other groups and individuals called before the Committee.

1.4 This report includes copies of the written submissions received from groups / individuals who gave oral evidence to the Committee. Copies of submissions from all other groups are available in the Northern Ireland Assembly library and in the Committee Office.

1.5 The Committee was given the opportunity to visit an angling beat, several fish farms and hydro-electric schemes. The Committee also visited Galway and saw at first hand the work carried out by the Western Regional Fisheries Board in the Corrib and Claregalway systems.

2.1 The Committee read and assessed all written submissions and took oral evidence from a variety of organisations. The Committee also read reports on:

• small hydro-electric schemes (Ballinderry Fish Hatchery Ltd, 2000);
• eutrophication (Environment and Heritage Service, undated);
• pollution control (Dowdall, 1998);
• biodiversity (Northern Ireland Biodiversity Group, 2000); and
• pollution and prosecution statistics (Environment and Heritage Service, 2000)

together with a number of other reports compiled by the Research Department of the Northern Ireland Assembly.

2.2 In addition, a number of other relevant publications and reports, e.g. Feltham et al. (1999), Hughes et al. (1999), McKay et al. (1999), Russell et al. (1996), Wernham et al. (1999) and Wood & Smith (1993), were also examined.

2.3 Received written submissions from those organisations, that made oral presentations, within which additional materials by some submitters have been collated into a single submission, are detailed in Table 2.1 and comprised a total of 32 items. Received minutes of oral evidence corresponded exactly with this list. On the reading and assessment of these materials, a total of 34 issues were identified as detailed in Table 2.2. The resulting matrix of issues and written submissions or minutes of oral evidence was used as a quantitative descriptor of issue prevalence. In addition, to facilitate a structured report of the Committee's findings for this inquiry, the 34 issues were grouped into seven themes, including a rather closely defined theme of inland fisheries, as detailed in Table 2.3. This classification is somewhat pragmatic in places, with many issues potentially classifiable into or relating to a number of alternative themes, but it does present a manageable number of groupings and its structure reflects the terms of reference for the inquiry.

3.1 The relative importance of the 34 issues as revealed by the frequency with which they were raised in the 32 written submissions, that made oral presentations, is shown in Fig. 3.1. Percentage frequency varied from 0% for the issue of mink, which was raised only in oral evidence, to 75% for water quality. Five (15% of all) issues (physical habitat, water quality, institutional organisation, commercial netting, tourism) were raised in 50% or more of submissions, while a further 14 (41%) issues (hydro-electric schemes, abstraction, drainage, poaching, biodiversity, stocking activities, licences, cormorants, stocking genetics, fish farms, bailiffs, Crown immunity, species introductions, research) were raised in between 25 and 49% of submissions. Only 2 (6%) issues (sheep dips, land insurance) were raised in single submissions, i.e. 3% of submissions.

3.2 The relative importance of the seven themes as revealed by the frequency with which their encompassed issues were raised in the 32 written submissions, that made oral presentations, is shown in Fig. 3.2. Not surprisingly, inland fisheries was by far the most important theme (92 encompassed issues raised), with the other six themes showing a similar level of relative importance in the submissions (between 24 and 40 encompassed issues raised). However, in the context of the broad remit of the inquiry, perhaps the most notable statistic is that of the total of 284 issues-events, i.e. overall sum of issues raised for the seven themes combined, only 92 (32%) were encompassed within the theme of inland fisheries. In contrast, 192 (68%) of issues-events expressed in the written submissions related to issues outside the specific theme of inland fisheries.

3.3 The relative importance of the 34 issues as revealed by the frequency with which they were raised in the 32 minutes of oral evidence is shown in Fig. 3.3. Percentage frequency varied from 0% for the issue of sheep dips, which was raised only in written submission, to 81% for water quality. Six (18% of all) issues (physical habitat, water quality, institutional organisation, commercial netting, tourism, licences) were raised in 50% or more of minutes, while a further 14 (41%) issues (hydro-electric schemes, abstraction, drainage, poaching, stocking activities, cormorants, fish farms, bailiffs, penalties for polluting, angler consultation, Crown immunity, species introductions, migration obstacles, research) were raised in between 25% and 49% of minutes. Five (15%) issues (afforestation, overfishing on coastal prey, mink, EC Water Framework Directive, land insurance) were raised in single minutes, i.e. 3% of minutes.

3.4 The relative importance of the seven themes as revealed by the frequency with which their encompassed issues were raised in the 32 minutes of oral evidence is shown in Fig. 3.4. As for the written submissions, inland fisheries was again by far the most important theme (92 encompassed issues raised), with the other six themes showing a broadly similar level of relative importance in the submissions (between 21 and 50 encompassed issues raised). Of the total of 302 issues-events, only 92 (30%) were encompassed within the theme of inland fisheries. In contrast, 210 (70%) of issues-events expressed in the minutes of oral evidence related to issues outside the specific theme of inland fisheries.

3.5 The degree of similarity between the relative importance of the 34 issues in the written submissions and the minutes of oral evidence was assessed by making a scatter plot of the corresponding frequencies with which they were raised as given in Fig. 3.5. The degree of similarity was very high, with the gradient of a line of best fit being 1.047 (i.e. issues arose with similar frequencies in written submissions and oral evidence) and a correlation coefficient of 0.876.

3.6 The degree of similarity between the relative importance of the seven themes in the written submissions and the minutes of oral evidence was similarly assessed by making a scatter plot of the corresponding frequencies with which their encompassed issues were raised as given in Fig. 3.6. The degree of similarity was very high, with the gradient of a line of best fit being 0.978 (i.e. issues arose with similar frequencies in written submissions and oral evidence) and a correlation coefficient of 0.982.

3.7 The high degree of similarity demonstrated above between the issues raised in the written submissions and the minutes of oral evidence justifies a simultaneous treatment of these two information sources, which will be adopted for the remainder of this report. For clarity and consistency, any figures quoted on the relative importance of specific issues in representations made to the inquiry will be taken from the written submissions unless stated otherwise.

3.8 The remainder of this report considers each of the 34 issues within seven chapters covering the developed themes, although cross-references are made where a particular issue falls into or impacts on more than one theme. References to the scientific literature are made where appropriate. Recommendations are given within each section.

4.1 The issue of biodiversity quite rightly occupies a high profile in many areas of environmental management at present times and for that reason it was stipulated very prominently in the terms of reference for the inquiry, which require that particular account should be taken of the need to maintain, and where appropriate enhance, biodiversity. In this context, it is pleasing to see that it was specifically addressed in 34% of submissions.

4.2 As expressed in a number of submissions, the wise managements of biodiversity and inland fisheries share many common aspects and what is good practice for one is generally also good practice for the other. In particular, both areas require efforts towards limiting, or even reducing, the impact of human activity on the environment and acknowledgement of the pivotal issue of sustainability. Thus, appropriate management responses to many of the themes considered in subsequent chapters, e.g. physical habitat and drainage and pollution, are common to the achievement of both biodiversity and inland fisheries objectives. Specific management initiatives such as the Salmonid Enhancement Programme thus benefit biodiversity as much as their intended target of fisheries.

4.3 The most important fish populations in Northern Ireland in terms of biodiversity are arguably the brown trout (Salmo trutta) populations of Lough Melvin, which include the sonaghan and gillaroo extensively reported in the scientific literature (e.g. Ferguson & Taggart, 1991) and the pollan (Coregonus autumnalis) of Lough Erne and Lough Neagh. The poor status of the pollan population in the former site (Rosell, 1997) and current concerns over the water quality status of Lough Neagh and Lough Melvin, expressed in a number of submissions, mean that all three situations give cause for concern. Lough Melvin also contains a surviving population of Arctic charr (Salvelinus alpinus), although otherwise very little is known about this species in Northern Ireland. It should also be acknowledged that the Atlantic salmon (Salmo salar) is now also generally considered to be of biodiversity, as well as of fisheries, importance.

4.4 One aspect of biodiversity which is particularly important and which is sometimes subject to misinterpretation is that more species diversity per se is not always desirable. This apparent paradox arises because the real issue of concern in nature conservation is natural biodiversity, i.e. the conservation, or in some cases restoration, of the species of flora and fauna that occur naturally in a given habitat or environment. In this context, any local increase in biodiversity, which arises from the introduction of new species from elsewhere, whether they originate from another country or simply another area of the same country, is a negative rather than positive factor. The introduction of new fish species to an area for the purpose of increasing the diversity of available fishing is not, therefore, a positive factor for local biodiversity. In addition to their, by definition, negative effect on local biodiversity per se since the community that was present has now been altered and thus not conserved, such introductions may also have negative ecological interactions with the native species. In the context of inland fisheries, there are many examples where intentional or unintentional introductions of new fish species have had negative impacts on local biodiversity through predatory, competitive or more indirect interactions (Winfield, 1992).

4.5 The issue of species introductions is particularly important in Northern Ireland, both in the context of its occurrence in 31% of submissions and in the context of fundamental ecology. In terms of the distribution patterns of its flora and fauna, it is pertinent to note that Northern Ireland is geographically a part of an island off an island. As a result of the last glaciation and subsequent marine and terrestrial barriers to movement, its aquatic fauna, and indeed that of Ireland as a whole, is species-poor when compared with similar habitats in Great Britain and mainland Europe.

4.6 As a result of this ecological history, the fresh waters of Northern Ireland, like those of northern England and Scotland, are very susceptible to introductions of new fish and other aquatic species. Moreover, the fecundity of freshwater fish species is such that the introduction of just a few individuals, perhaps as discarded or escaped live bait intended for pike angling, may be enough to establish new populations, as has been the case in northern England, Scotland and Wales (Winfield et al., 1996). With the exception of eels (Anguilla anguilla), all coarse fish species now present in Ireland have been introduced in this way. While some species such as perch (Perca fluviatilis) arrived perhaps hundreds of years ago and are now generally regarded to be integral components of local communities and fisheries, others such as roach (Rutilus rutilus) are more recent arrivals and are still expanding in distribution and abundance (Cragg-Hine, 1986). The common carp (Cyprinus carpio) was first recorded in the Lough Neagh catchment in 1989, when a single individual was found during a survey of Lurgan Park Lake (Winfield & Bean, 1991). It is thus noted with some concern that permission has very recently been granted for the introduction of carp to a water body in Northern Ireland in order to develop a recreational fishery for this species. In addition, there are further species such as ruffe (Gymnocephalus cernuus) and zander (Stizostedion lucioperca) which have not been recorded in Irish waters but which would almost certainly thrive if introduced, as has occurred in Great Britain (Winfield, 1992).

4.7 As noted above, the impacts of introduced fish species are not simply restricted to the predation of local species. In addition, their effects can be manifest by competitive interactions for food or even alterations of the habitat itself. The latter mechanism is particularly associated with introductions of common carp and other cyprinids such as roach and can impact not just on native fish, but also on macrophytes and waterfowl (Winfield & Bean, 1991; Winfield & Townsend, 1991). Similarly, the introduction of other aquatic species such as zebra mussels (Dreissena polymorpha), which were also mentioned in the submissions, can have equally unpredictable but potentially damaging impacts on fish and other aspects of the freshwater environment. Whether an introduced species is a fish or an invertebrate, its subsequent control or removal is usually extremely difficult, expensive or impossible (Winfield et al., 1998). The adage of prevention being better than cure is particularly apt to the issue of species introductions.

4.8 The issue of fish predators also has links to biodiversity, in the context that such species have their own conservation value, although marked changes in the distribution of a predator may also bring it into the issue of species introductions. The complex issue of cormorants (Phalacrocorax carbo) relates to both biodiversity and species introductions in the present context and so it is not surprising that it was raised in 28% of submissions. On a much lower level of importance, the fish predators of seals (Phoca vitulina) and introduced mink (Mustela sp.) were also raised with frequencies of 9 and 3%, although the latter was only raised in oral evidence. Given their undoubted importance on a local and international basis, the remainder of this section will focus on cormorants.

4.9 As mentioned in the submissions, the issue of impacts by cormorants on freshwater fish populations has been the subject of considerable research and even more controversy in recent years. Moreover, one of the earliest, and certainly one of the most robust, studies of a freshwater impact of this typically marine species was carried out in the 1980s on the River Bush of Northern Ireland (Kennedy & Greer, 1988), where a significant impact on the salmon smolt run was demonstrated. In the 1990s, the angling community of Great Britain perceived an increase in the predation of fresh water fish stocks by piscivorous birds in both flowing and still waters which precipitated a large programme of research in this area. Much of this work has been funded through five major projects focussed on cormorants.

4.10 Following an extensive scoping study of the problem by Russell et al. (1996), an analysis of long-term population and distribution data by Wernham et al. (1999) showed that cormorants had indeed become more abundant and widespread on fresh waters. Hughes et al. (1999) studied the feeding behaviour of piscivorous birds in great detail, including extensive tracking studies using radio and satellite technology, and found that movements by cormorants are both extensive and complex. In an ambitious study addressing the impact of cormorants on inland fisheries in England and Wales, Feltham et al. (1999) concluded that it was variable between sites and recommended that the cormorant problem was best addressed by actions specific to each fishery, rather than by a single national approach. Finally within this programme of research, McKay et al. (1999) considered the effectiveness of various management measures in the control of damage to inland fisheries by piscivorous birds. Although this investigation looked at a variety of approaches including shooting, shooting blanks as an aid to scaring, laser light as an aid to scaring, habitat management, conditioned taste aversion, fish stocking control and fish refuges, no single technique was found to be without any disadvantages. Moreover, none of the techniques appeared to be particularly feasible for fisheries operating on naturally reproducing fish populations in natural habitats.

4.11 Although much of the above research was concerned with increased numbers and distribution of cormorants overwintering on inland waters, a second aspect to this issue has developed in recent years with the establishment of a number of inland breeding colonies. One such example of this development is at the reservoir of Haweswater in the English Lake District, where a small overwintering cormorant population has been augmented since 1992 by a rapidly growing breeding colony. Although cormorants forage away from this location extensively, they also feed locally and so may impact on a rare fish species found in the lake, the whitefish or schelly (Coregonus lavaretus) (Winfield et al., in press). The degree of concern over this development has been such that, with the agreement of relevant statutory and other bodies, cormorant nesting has been prevented by repeated disturbance in 1999 and 2000. Although this action has prevented the production of young, it has failed to move the adult cormorant population from the lake and predation pressure on the whitefish is still likely to be significant. Further management actions are currently being considered.

4.12 The above situation at Haweswater is very relevant to Northern Ireland with respect to two particularly important features. Firstly, the threatened whitefish of Haweswater is closely related to the pollan of Lough Neagh and Lough Erne. Secondly, the development of a breeding colony on an inland water which was previously only used for overwintering is likely to have major implications for the dynamics of the population spread of cormorants on fresh waters. This development is itself likely to have implications for a wide range of freshwater fish stocks and indeed the issue of inland cormorant populations was considered in detail in the recent review of salmon and freshwater fisheries in England and Wales (Salmon and Freshwater Fisheries Review Group, 2000). It is possible that the large cormorant roost on the northern shore of Lough Neagh mentioned in the submissions may develop as a breeding colony in the future. Further research and discussion of the complex problem of inland cormorants is currently in progress within the international scientific and fisheries management communities.

4.13 The biodiversity strategy of Northern Ireland Biodiversity Group (2000) should be supported.

4.14 Biodiversity considerations should always be acknowledged within inland fisheries management policies.

4.15 The special situation of the Lough Melvin trout populations should be conferred high conservation status in partnership with the Republic of Ireland authorities.

4.16 The Department should determine the abundance and age structure of the Arctic charr. If results indicate that numbers are low a close season should be operated along the lines of those provided for salmon and trout by section 95 of the Fisheries Act (NI) 1966.

4.17 The licence granted to rear Arctic charr at Ballyarton on River Faughan should be reviewed to protect natural stocks of native species of salmon and sea trout from the nuisance of escaped Arctic charr.

4.18 The pollan populations of Lough Neagh and Lough Erne should be monitored and all attempts to improve their habitats should be supported.

4.19 The presumption should be against the introduction of new fish species, unless an overwhelming case is made for their introduction. Requests to introduce new fish species to Northern Ireland should continue to be very carefully examined on a case-by-case basis and movement restrictions strictly adhered to. New fish species should never be allowed in open waters or closed waters where a significant risk of escape exists. The introduction of new species for fish farming should be resisted.

4.20 Northern Ireland currently enjoys a relatively high disease free status. Fish transfers between waters should continue to be carefully controlled and moves made to reduce the likelihood of new species being introduced to waters as live bait.

4.21 Full support should be given to current initiatives to limit the spread of zebra mussels, and any other aquatic biota which might adversely impact on the freshwater habitat or biodiversity of inland waters.

4.22 The cormorant problem, which includes the development of inland roosts, needs to be addressed as a matter of priority. This should include action to limit breeding populations in specific areas. A watching brief should be maintained on cormorant issues and research elsewhere. Best practice identified elsewhere should be implemented in Northern Ireland as a matter of priority to reduce the problem.

4.23 The Department should consult with the Environment and Heritage Service to determine the possibility of increasing the number of cormorants that can be culled under licence.

5.1 In the fresh waters of Northern Ireland, the issues of physical habitat and drainage, which were raised by 53 and 38% of submissions respectively, are highly interwoven. In addition to the loss of habitat diversity, the effects of arterial drainage schemes on many flowing waters, even the level of Lough Neagh and the forms and structures of its tributary mouths have been strongly impacted. The issue of migration obstacles, which was raised by 16% of submissions, is also considered here in the context of the physical habitat. Although reading of the submissions suggested that such obstacles were usually in the form of weirs, it was not always possible to judge the purpose for which the weirs were constructed. It is assumed that some are gauging weirs and so are considered here alongside drainage, although some are undoubtedly used now for hydro-electric purposes and so will be considered later.

5.2 The issue of poor physical habitat arising from past drainage engineering schemes has long been recognised in Northern Ireland (Wood & Smith, 1993) and elsewhere. Consequently, considerable research effort has been invested by a range of bodies to find ways to rehabilitate rivers with respect to fisheries requirements, and a number of highly management-orientated handbooks have now been produced (e.g. Cowx & Welcomme, 1998). Effort is now being focussed throughout Europe on the implementation of these techniques in current drainage schemes, together with projects specifically instigated to correct problems arising from earlier works. A large component of the Salmonid Enhancement Programme in Northern Ireland has comprised projects addressing the physical habitat and its restoration from the ravages of earlier unsympathetic drainage engineering, using the twin tools of funding and labour volunteered by anglers throughout the area. As accepted in the submissions, such projects are long-term in nature and cannot be expected to show results overnight in terms of increased fish populations. In addition, the scope of earlier drainage schemes has been such that a great deal more work is still required in this invaluable field.

5.3 The issue of migration obstacles has also been extensively researched and the technology of fish pass design has developed greatly in recent years, including provision for non-salmonid migratory species. As for physical habitat rehabilitation, much focus outside of Northern Ireland is now on the assessment of migration obstacles and the design and installation of appropriate fish passes. The Environment Agency of England and Wales is a particularly strong source of experience and expertise.

5.4 Finally in the context of physical habitat and migration obstacles, brief consideration is appropriate of the opening of new stretches of river to salmon or migratory trout by the engineering of waterfalls which had previously acted as natural barriers. While such actions may indeed open up additional areas for spawning and nursery grounds of salmon and migratory trout, they may also have a negative impact on biodiversity by exposing previously isolated trout populations, or other aquatic fauna, to potential competitors and predators. This is a topic of considerable debate between some angling and conservation groups.

5.5 Fisheries requirements should form an integral part of any new works or maintenance, prior to commencement of drainage schemes, which should be subject to an environmental impact study.

5.6 An audit of the Culture, Arts and Leisure angling estate should commence as soon as possible. A priority list of improvements and restoration should be drawn-up taking into account the greatest benefits at least cost. The programme of improvements should include appropriate targets and should be implemented within an agreed timeframe.

5.7 Restoration of the physical habitat of streams and rivers through projects such as the Salmonid Enhancement Programme should be maintained and the Department should seek funds from the EU Tourist Angling Measure. The scale of restorative works required should be commensurate with the extent of rehabilitation which is needed.

5.8 All weirs and other physical obstacles to fish migration should be assessed in the light of guidelines and best practice established outside Northern Ireland. The installation of appropriate fish passes should be undertaken where necessary by means of a structured programme incorporating a standardised audit of each site.

5.9 Flow control on the Lower River Bann should be considered with a view to introducing flow management practices to be more sympathetic to migratory fish requirements.

5.10 It is necessary that artificial sluice gates should be operated in such a way that they do not impede the upstream movement of migratory fish.

5.11 Sections of watercourses upstream of currently impassable waterfalls and other natural obstacles should not be opened up to salmon or migratory trout without full and rigorous consideration of biodiversity issues.

5.12 The Department should urge that the cross border waterways body should ensure that migratory fish are allowed free passage into the entire Lough Erne catchment.

5.13 In order to protect habitats the planning authorities should actively embrace and promote the concept of protected river corridors and ensure that fishery interests are adequately consulted in the planning process.

6.1 Water quality was the most frequently raised issue, being noted in 75% of submissions. Moreover, rather than being concerned with chemical pollutants arising from industrial discharges, the implications of which for fish populations have been studied extensively and reviewed in works such as Alabaster & Lloyd (1980) and Howells (1994), most submissions and subsequent discussions in oral evidence were concerned with organic pollution from agricultural and sewage sources. While environmental organisations tended to focus on agricultural pollution, fisheries organisations tended to focus on pollution from sewage sources. It is assumed that this dichotomy arises from the contrasting differences in visibility of these two forms of pollution.

6.2 Agricultural pollution can produce both acute and chronic effects on freshwater ecosystems, with the most common cause of the former category being localised deoxygenation due to the sudden introduction of organic material to a water body. Most typically, this situation arises due to the accidental or intentional discharge of slurry or silage to a stream or small river. Such problems are clearly appreciated in Northern Ireland and programmes are in hand to reduce their frequency of occurrence at source by a variety of means working through the farming community. Less obvious from the submissions was any present capability of fisheries organisations to respond to such events by deploying oxygenating systems or staging fish rescues, rather than simply taking water samples with a view to possible prosecutions. Such fish rescues are practised routinely to great effect by the Environment Agency in England and Wales.

6.3 Deoxygenation may also ultimately arise from chronic effects of agricultural pollution acting through the nutrient-enrichment process of eutrophication, which was acknowledged by several submitters as the greatest problem facing Northern Ireland's fresh waters. Although slurry and silage may make some contribution to this process, by far the most important agricultural source of nutrients is run-off from fertilised land. Although invisible to the eye, this steady influx of nutrients over years or even decades usually produces fundamental changes in the receiving water body which may involve a switch to an alternative stable state, making subsequent restoration even more difficult. Many thousands of eutrophication studies carried out in Northern Ireland and elsewhere during the last century have shown that a myriad of subtle and less subtle environmental changes result in a range of effects on fish populations. While this can progress as far as major fish kills in extreme cases due to deoxygenation problems, fundamental effects occur far earlier in the process and typically result in a shift of the fish community from a domination by salmonids, to a domination by cyprinids. Such a shift has clear implications for the management of game and coarse fisheries. Fortunately, the issue of eutrophication is well understood by relevant bodies in Northern Ireland and a number of schemes are in operation to combat it.

6.4 Sewage pollution provoked some of the most strongly worded comments in the submissions, probably because of its apparently widespread occurrence in Northern Ireland, aspects of its policing, and its extremely unpleasant visual impact. Mention was made elsewhere in the submissions of the negative effect on the tourist angling experience of seeing commercial netting taking place, but it is suggested here that the sighting of sewage pollution has an even stronger impact on the memories of the angling visitor. The issue of penalties for polluting was raised in 19% of submissions, among which they were universally considered to be too low. In addition, the issue of Crown immunity from prosecution for sewage pollution was specifically mentioned in 28% of submissions, although the body that would otherwise pursue such prosecutions considered such immunity to be irrelevant in the context of anti-pollution measures. Rather, it considered that more progress would be made by the increased availability of funds for upgrading of sewage treatment works. Another comment arising several times in the submissions was the observation that even relatively new sewage treatment plants were becoming overloaded by the growth of local developments. This situation of overload is likely to deteriorate even further if sewage treatment requirements are not adequately considered and incorporated at the planning stage for future developments.

6.5 The poacher-gamekeeper conflict currently pertaining to waste water treatment and regulation in Northern Ireland is clearly a source of great unrest in angling and other circles and is arguably an impediment to a faster improvement in discharges from sewage treatment works, although following earlier reviews the Environment and Heritage Service has shown considerable recent improvements in operating practices. European legislation such as the Urban Waste Water Treatment Directive goes some way towards ensuring higher discharge standards, but it is not applicable in all instances. A more local resolution of the situation would be appropriate.

6.6 Somewhat surprisingly given their prominence in environmental impact concerns in Great Britain, the issue of sheep dips was raised in only one submission, i.e. in 3% of submissions. In England and Wales, the establishment in the late 1990s of synthetic pyrethroids as the standard active ingredients in sheep dip initially caused a number of serious pollution incidents in streams due to their highly toxic effects on macroinvertebrates and hence impact on the food chain supporting young salmonids. However, subsequent improved management and disposal protocols encouraged by the Environment Agency of England and Wales have greatly reduced this problem. While this problem may be truly absent from Northern Ireland, its rarity in the submissions may be because it has gone largely undetected given the limited water quality sampling undertaken on small streams.

6.7 A fish rescue service should be established to respond to emergency cases involving acute pollution incidents.

6.8 The eutrophication strategy of the Environment and Heritage Service should be supported. There is an urgent need for a more focussed approach within a fixed timescale.

6.9 There is an urgent need for sensible schemes to be introduced to assist farmers to move away from phosphate fertilisers especially in sensitive areas. This should be through river basin assessments, aimed at an overall reduction in levels of phosphorus.

6.10 Planning permission should not be granted if the sewage treatment works is not capable of coping with proposed developments unless the developers are willing to provide the funding for the upgrade of the sewage treatment works, even within the time-scale of an agreed Area Plan.

6.11 The application of financial penalties by the courts for polluting water courses should be significantly increased in magnitude in order to meet the requirements in the Fisheries (Amendment) Bill (NIA Bill 9/99) Clause 7. [Note: The Bill had not received Royal Assent at the date of printing of this Report.]

6.12 The poacher-gamekeeper conflict currently pertaining to waste water treatment and regulation is not a desirable arrangement. Barring a fundamental institutional reorganisation, significant effort is required to achieve a clear operational separation between those Departments responsible for waste treatment and protection.

6.13 The Department must carry out a feasibility study into the removal of Crown immunity.

6.14 The standards as dictated in the EC Water Framework Directive should be strictly adhered to.

6.15 The requirements of the Groundwater Regulations (Northern Ireland) 1998, with regard to the spreading, storage and disposal of used sheep dip, should be strictly enforced.

6.16 Adequate funding levels for improvements to sewerage and water infrastructures should be accelerated within the Programme for Government.

6.17 Aluminium sludge from water treatment works should never be dumped in river catchment areas.

7.1 In addition to the impacts on physical habitat and water quality considered above, the submissions also covered a number of other environmental issues not directly relating to but impacting upon inland fisheries. Of these, hydro-electric schemes provoked the strongest criticism and were mentioned in 28% of submissions, while the often related, and sometimes synonymous, issue of abstraction appeared in 34%. However, it must be acknowledged that abstraction itself may be undertaken for a number of purposes and it was not always possible to discern from the submissions which particular purpose was being addressed.

7.2 Nevertheless, it is clear beyond any doubt that much concern over the effects of abstraction is in the context of hydro-electric schemes. Northern Ireland has seen a remarkably rapid growth in the deployment of small-scale hydro-electric schemes in recent years and there is clearly some concern that while this mode of power generation is welcomed on renewable energy grounds, it can have serious negative impacts on migratory fish unless stringent precautions are implemented. Unless suitably constructed and protected, such installations can act as impassable obstructions to migration, an issue considered above, and also cause very high mortalities among young and adult fish, particularly downstream-bound salmon smolts and young brown trout including dollaghan, and upstream-bound adult salmon and trout. While unsympathetically operated systems can leave the main river almost dry between intake and return points, thus stopping migration and leaving accumulated fish susceptible to poaching, there can also be a substantial direct mortality of individuals by their passing through turbine blades having entered the plant from upstream or downstream directions. It appears that there is very little effective regulatory legislation covering the volume of water that can be removed from the main river by abstractors.

7.3 On a global basis, there is a considerable industry devoted to the assessment and mitigation of such impacts. Among the submissions, very strong feelings were expressed with respect to the ways in which some local hydro-electric schemes had been developed, were operating, their degree of compliance with current legislation, and their resulting impacts on fish populations. Some of the allegations made in the submissions are clearly extremely serious, involving accusations of improper conduct and grossly inadequate environmental impact assessments.

7.4 The study of impacts of small hydro-electric schemes on river fisheries in Northern Ireland by Ballinderry Fish Hatchery Ltd (2000) provides a useful assessment of and suggestions regarding the structural plant arrangements at six schemes in the Lough Neagh catchment. It includes, for example, the important recommendation that future amendments to legislation aimed at ensuring that all weirs and dams should have adequate arrangement for fish migration should follow the best aspects of equivalent legislation from elsewhere. However, it is more difficult to judge how effectively the study addressed the issue of the actual impact of the six installations on fish movements and mortality because the report is devoid of relevant quantitative, objective data. A thorough and independent assessment of this aspect of the study, as called for by one submission, could only be undertaken by detailed site inspections and quantitative studies under a variety of flow conditions by a suitably experienced expert or experts. It is vitally important for the future of inland fisheries in Northern Ireland that the issue of impacts from hydro-electric schemes is properly considered and dealt with accordingly. Much potential improvement in fish stocks arising from other environmental or fisheries management actions would never be fully realised if impacts from hydro-electric schemes were, and were allowed to remain, significant.

7.5 The issue of fish farms occurred in 34% of submissions, again with some particularly strong views being expressed. In addition to some concerns over the impact of discharges on water quality, greatest concerns related to the process of abstraction itself and the potential for the entrapment of young salmonids into fish farms where they are liable to predation by resident stock and so not always afforded free passage. Current legislation regarding the use of screens to prevent such entrapment is very simplistic and inefficient. These deficiencies are currently being overcome by Inland Fisheries and Inland Waterways through the issue of exemptions and the imposition of other requirements specific to the installation in question. Concerns were also raised about increased incidences of parasites and diseases around fish farms and the introductions of new fish farming species to Northern Ireland, given their potential for escape with all of the resulting risks considered above in the context of species introductions. In addition, some concern was also expressed about the impacts of farm strains of native species on the genetic structures of local wild populations of the same species. In contrast to the rebuttal of this fear made by one submission, there are several documented instances where this effect has been shown to occur (e.g. Clifford et al., 1997). Concern was also raised over the presence of a significant number of 'fattening ponds' of allegedly questionable legality and consequently limited control.

7.6 Finally, the issue of afforestation, in which the extensive planting of conifers can have adverse implications for water quality and flow regimes, was raised in 9% of submissions. Much is now known of the mechanics of such effects and methods for reducing impact, such as the use of buffer strips, are widely practised.

7.7 Amendments to legislation aimed at ensuring that all weirs and dams should have adequate arrangements for fish migration, both up and down stream should follow the best aspects of equivalent legislation from elsewhere.

7.8 Legislation must be introduced to ensure that abstraction is controlled so that the main river always has an adequate residual flow sufficient to ensure the unimpeded movement of migratory fish both up and down stream.

7.9 Abstraction based on agreed rates of flow should be addressed on a case by case basis. Every abstraction point should have a flow meter controlling the amount abstracted. Levels should be set at a minimum of 50% of the river flow over weirs and at all water heights.

7.10 Amendments to legislation aimed at preventing fish from getting into abstraction systems, whether for potable water, hydro-electric or fish farm purposes, should follow the best aspects of equivalent legislation from elsewhere.

7.11 Hydro-electric operators must be required by law to contribute to restoration programmes where damage to fish occurs.

7.12 The impact of existing hydro-electric schemes on fish passage and mortality should be determined by the collection of appropriate quantitative, objective data and the appropriate action taken to ensure safe fish passage and decrease mortality if required.

7.13 The issuing of exemptions to hydro-electric operators and fish farms must be carefully monitored and should be issued through any new fisheries body established.

7.14 Any identified significant impacts of existing hydro-electric schemes on fish passage and mortality should be addressed and mitigated as a matter of high priority. Adherence to the legislation for hydro-electric operation should be maintained and be demonstrable. Random inspections should be carried out with severe penalties for non-compliance.

7.15 Any proposals for new hydro-electric systems should be met with a requirement for a thorough and independent environmental impact assessment prior to any approvals being granted.

7.16 The legality and control of 'fattening ponds' should be investigated and resolved as soon as possible.

7.17 The potential impact of salmon farming on natural wild salmon and sea trout populations with regard to escapees and the spread of parasites, notably sea lice, is a matter of serious concern. The maintenance and enhancement of the wild salmon and sea trout populations should take precedence over expansion of salmon farming operations.

7.18 Fisheries requirements should be considered in any review of forestry policy and managed for in an environmentally sustainable manner that minimises the impact on freshwaters. An audit of the status of existing forests with respect to good habitat practice should be carried out as soon as possible.

8.1 Tourism is obviously high on the agenda of many individuals and organisations associated with the inland fisheries of Northern Ireland, being mentioned in 50% of submissions. In addition, there are subtle but definite links between this use of the natural environment and the related issues of public access to water courses and the frequenting of the latter by non-fisheries users which were both raised in 13% of submissions.

8.2 Following decades of great difficulty arising from factors unrelated to inland fisheries, the tone of many submissions reveals that the tourism industry and many other organisations in Northern Ireland are extremely optimistic about the future of tourism. It is also beyond doubt that thriving recreational inland fisheries, particularly on rivers for salmon and on some loughs for coarse fish, have a major role to play in this development. As noted by several submissions, angling has played a similar role in the tourism industry of the Republic of Ireland.

8.3 The major way in which the management of inland fisheries can support tourism in Northern Ireland is obviously through the provision of thriving fish populations, which is itself obviously considered extensively in Section 9 and elsewhere in the present report. It is also noted that tourism is supported by the Salmonid Enhancement Programme through encouraging the increased availability of quality angling to visitors. However, one relevant aspect which lies outside the remit of fisheries management itself is that of promotion and advertising. A number of submissions mentioned that the opportunities offered by Northern Ireland are not made known to potential tourists, particularly in the context of game fishing. Again as noted in the submissions, the Republic of Ireland has made great advances through a very proactive approach to the promotion of its coarse angling opportunities and Northern Ireland would benefit enormously from similar efforts. A second issue which may be mentioned here, but which will be addressed fully in Section 9, is the question of angling licences. At present, the system in Northern Ireland is so complex that it bewilders some locals, never mind visiting tourists.

8.4 Increased tourism would of course result in increased pressures on the natural environment of Northern Ireland, but there is every reason to believe that this could be managed appropriately with little inconvenience to existing native fishing and other interests. In this context, the issues of public access to water bodies and the use of the latter by non-fisheries users such as operators of jet skis and traditional motorised water craft may need attention in the future. Indeed, there are even at present some multi-user conflicts on rivers in Northern Ireland. Somewhat surprisingly given its prominence in multi-user discussions in Great Britain, the issue of canoes was not raised in any submission or oral evidence.

8.5 Every effort should be made to promote the opportunities for game and coarse angling in Northern Ireland to as wide an international audience as possible. More resources should be made available to encourage and improve facilities for tourist anglers.

8.6 With consideration to increased tourism and native recreational pressures on the natural environment, multi-user issues on inland waters should be considered now and appropriate measures developed to protect the natural environment from, for example, jet skis on loughs, lakes and rivers.

8.7 The complexity of the licence and permit arrangements for visitors as required by the Department, the Loughs Agency and the Fisheries Conservancy Board must be addressed as a matter of urgency.

9.1 The terms of reference for the inquiry require that particular account should be taken of the need to maximise the economic, social and recreational benefits derived from salmon and freshwater fisheries, taking account both of the interests of local communities and local factors and traditions, and the need for management of fisheries to be on a fully sustainable basis. The specific issues raised in the submissions relating directly to inland fisheries, which comprised only 12 out of a total of 34 issues (35%), will be considered in this context.

9.2 The issue of bailiffs was raised by 34% of submissions and covered aspects such as taking water samples for potential prosecution of polluters and health and safety factors, in addition to their traditional fisheries role in the prevention of poaching. A consistent theme in the comments was that the present levels of bailiffing are inadequate for both pollution control and anti-poaching activities, although the funding limitations imposed on the Fisheries Conservancy Board were appreciated. Many angling organisations would clearly like to see a change in legislation so that their own voluntary bailiffs could take water samples which could then be used in the prosecution of polluters, rather than having to have the sample taken by a Fisheries Conservancy Board bailiff with the attendant logistical problems given the limitations in service levels noted above.

9.3 The issue of fishing rights, which is fundamental to the legal basis of any fisheries management, causes considerable problems in Northern Ireland and was mentioned in 19% of submissions. Several submitters saw the clear determination of the ownership of fishing rights to be an essential requirement and noted that under present circumstances this could be an extremely complex and long process when undertaken by an individual angling club. Another legal issue presented in one submission, i.e. 3% of submissions, related to the possible liability of landowners for accidents befalling anglers accessing a water body across their land. Both of these issues may be better addressed by fisheries management authorities, rather than by individual angling clubs.

9.4 The issue of licences was considered in 34% of submissions, often at length. The present system is generally considered to be unnecessarily complex, both to native anglers and to visiting tourists. While a simplification of the system would be of great benefit in this context, perhaps to a system involving essentially just two separate licence types for game and coarse angling, such a change would have to be linked to changes to the funding sources for the Fisheries Conservancy Board and the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission. The introduction of core funding for these bodies, or a single successor to them, would circumvent this problem. Similarly, consideration of the suggestion made in one submission of a review of licence duties payable on commercial non-salmonid nets in Lough Neagh and Lough Erne would also be more flexible if core funding was introduced. The issue of core funding is considered again in Section 10.

9.5 Stocking activities in general and their specifically genetic aspects were raised in 34% and 25% of submissions, respectively, showing that the fishing community is well aware of the advantages and potential disadvantages of this means of fishery improvement. Stocking per se will not cure underlying population problems resulting from poor habitat or other environmental factors. The widespread uptake of the Salmonid Enhancement Programme, which addressed habitat problems and promoted the development of small-scale hatcheries using broodstock from local rivers, is an excellent example of best practice with respect to stocking.

9.6 The issue of poaching is clearly of concern and was raised in 28% of submissions and the means of dealing with this problem essentially revolve around the level of bailiffing that can be put into the field, bearing in mind that such work is often dangerous, arduous, and necessarily undertaken at often unsocial hours. The issue of bailiffing was considered above. The salmon carcass-tagging scheme mentioned by several submitters also has the potential to become a significant tool in the fight against poaching and should be evaluated against other possible methods of conservation.

9.7 The most commonly raised issue within the specific theme of inland fisheries was commercial netting, appearing in 56% of submissions, with the vast majority of comments relating to the overfishing of salmon at sea. Although some concern was expressed about overfishing by netting on loughs, for both salmonid and non-salmonid species, the problem of coastal net fisheries for salmon raised the most concern. As noted in the submissions, there is a general movement throughout the Atlantic to close such fisheries for salmon by phased buy-outs. A further reason supporting the closure of such net fisheries is that economic analyses regularly show that an individual salmon caught by a tourist or native angler's rod is worth many times more than one taken by a commercial net. The issue of overfishing on coastal prey populations of salmonids, particularly sand eels (Ammodytes sp.) by netting was raised in 9% of submissions. This issue may also be related to the increasing inland distribution of cormorants, with attendant problems for inland fisheries, discussed in Section 4.

9.8 The issue of overfishing by rods, always with respect to salmon, was raised in only 13% of submissions. Given the recent marked declines and current low stocks of this species in many other parts of the world, this issue has now generally come to be considered significant. Consequently, bag limits and the conservation measure of catch and release, the latter of which was specifically mentioned by 6% of submitters, have been widely implemented. Although the concept of catch and release was initially alien to game anglers, it has been rapidly taken up in many parts of Europe, particularly when applied to spring run fish which have shown extremely marked declines.

9.9 Finally, 25% of submissions commented on the need for research in the field of inland fisheries management. In this context, Northern Ireland is extremely fortunate in possessing the River Bush Salmon Project, which enjoys an outstanding international reputation and has provided scientific data, which is widely used in the management of salmon stocks. Such long-term studies are essential but extremely rare in inland fisheries management and are to be highly valued and fully maintained. Unfortunately, the non-salmonid species of Northern Ireland's inland waters are far less investigated and understood and there is room for considerable improvement in this area.

9.10 The situation at Lough Neagh is particularly deserving of an investment in research effort. As one submission acknowledges, the eel fishery on this lough is Europe's largest and directly supports several hundred local families. However, this fishery has been managed with no or extremely little research input throughout its history. Current pressures on the fishery, including the European-wide decrease in elver runs, the spread of the introduced parasite Anguillicola crassa around Ireland and the volatile character of the Lough Neagh fish community following the introduction of roach, mean that such research is needed now more than ever before. In addition, the fishery for perch on this same lough, which is potentially extremely lucrative due to the international demand for this species from Switzerland and elsewhere, has had a turbulent history and would also benefit enormously from research into its most optimum management. It is extremely regrettable that two former research presences on Lough Neagh of international reputation, the Freshwater Laboratory of the University of Ulster and the Freshwater Biological Investigation Unit of the former Department of Agriculture for Northern Ireland, no longer operate from its shores.

9.11 Funds should be made available for the enhancement of facilities for the disabled.

9.12 Fishery protection measures should be increased as a matter of high priority.

9.13 Consideration should be given to ways in which water samples taken by properly trained voluntary bailiffs could be used as evidence in the prosecution of polluters.

9.14 The Department should consider using the name Fishery Protection Officer instead of Bailiff.

9.15 The Department should establish an independent body to determine the ownership of fishing rights throughout Northern Ireland as a matter of urgency. Legal provisions should be made to enable accredited angling clubs to easily establish and assert fishing rights on stretches of water where ownership cannot be discovered.

9.16 The system of fishing licences throughout Northern Ireland should be greatly simplified. The Loughs Agency and the Fisheries Conservancy Board should seek to harmonise the licence and permit requirements in their respective jurisdiction with a view to the establishment of a common system.

9.17 Stocking programmes should only be implemented in combination with appropriate habitat assessment and, if necessary, restoration, and should always use indigenous broodstock.

9.18 The salmon carcass tagging scheme should be implemented as a significant tool in the interests of conservation and the fight against poaching. However the cost of implementation should be evaluated in comparison with other means of conservation.

9.19 Net fisheries for salmon should be closed by buy-outs in recognition of the long-term cross community benefits; government should accept primary responsibility for the initial capital investment.

9.20 The over-fishing of sand eels in coastal waters should be investigated.

9.21 The salmon conservation measures of catch and release and bag limits should be considered for implementation, particularly for spring run fish as an element within an overall salmon conservation strategy.

9.22 The River Bush Salmon Project makes an outstanding contribution to research on the management of salmon stocks and should be maintained as a matter of high priority. However, due consideration should be paid to the angling interests when managing and marketing the River Bush as an angling destination.

9.23 The River Bush Project should be examined regarding the management of salmon stocks and the impact of Bush salmon on the indigenous brood stock.

9.24 Research on the eel and other exploitable fish populations of Lough Neagh and Lough Erne should be undertaken as a matter of high priority.

10.1 The issue of institutional organisation appeared in 56% of submissions and was often considered at great length and in detail, almost always in the context of a reorganisation being advocated. While reorganisation is considered by some to be an often unwarranted but still near ubiquitous feature of modern day management systems in many areas of life, many of the submissions presented advantages that would arise from a fundamental reorganisation of the institutional arrangement of inland fisheries management in Northern Ireland.

10.2 Despite its coverage of a relatively small geographical area, the present system was considered by many to be unnecessarily fragmented and complex, involving two geographically based bodies (the Fisheries Conservancy Board, the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission) and two government departments (the Department of Culture, Arts and Leisure, the Department of Agriculture and Rural Development). In addition, non-fisheries but related issues such as sewage treatment and water quality are the responsibility of other government departments (Department for Regional Development, Department of the Environment). Note that the institutional organisational aspects of the poacher-gamekeeper conflict currently pertaining to waste water treatment and regulation in Northern Ireland were considered in Section 6. The Committee found it difficult to determine and understand the current arrangements. Although some relevant reorganisation was undertaken recently associated with the reorganisation of the Department of Agriculture for Northern Ireland, the system is still very different from that employed elsewhere in the U.K. The position of the Fisheries Conservancy Board of having to be self-financing through licence duties, bailiffing the public angling estate and undertaking pollution sampling for the Environment and Heritage Service, is unique in the U.K. and far from satisfactory.

10.3 Many of the submissions referred to earlier reviews during recent decades of institutional arrangements for the management of inland fisheries in Northern Ireland, including a specific proposed sreview of the Fisheries Conservancy Board. Clearly, the latter body has recently undergone a considerable amount of internal change and formalisation of job descriptions and other aspects of its internal management. It also accepts that its present situation, including a lack of core funding, is far from ideal and barely tenable. Indeed, a free consideration of changes to the present complex system of licensing for anglers as presented above is hampered by funding implications for the Fisheries Conservancy Board.

10.4 It is suggested here that the present lack of an in-house research capability within the Fisheries Conservancy Board is a similarly major handicap to efficient inland fisheries management in Northern Ireland, particularly with respect to the commercial fisheries of Lough Neagh and Lough Erne. Although this role appears to be presently met in part by provision of limited relevant scientific services by the Department of Agriculture and Rural Development, the situation is far from ideal.

10.5 The earlier reviews of the institutional organisation of inland fisheries management in Northern Ireland were presented in considerable detail in several of the submissions and so will not themselves be reviewed here. However, attention is drawn to the repeated suggestion that management and development functions be transferred to a single fisheries body, either as a newly created organisation or as a very much enhanced Fisheries Conservancy Board. Such a body must also anticipate the requirement of the EC Water Framework Directive, see below, that river basins are considered as the basic units of management, and so must also develop appropriate links with bodies in the Republic of Ireland. It is encouraging to note that the Fisheries Conservancy Board itself agrees in principle with this suggestion, but only on the basis that a satisfactory system of funding is put in place.

10.6 The issue of angler consultation was raised in 19% of submissions. In addition to generating significant amounts of goodwill, understanding and trust, and hence greatly improved working relationships, the representation of anglers on management groupings is to be encouraged because it can be a source of invaluable local information and a means of disseminating information directly into the angling community. Such a system is currently run with great benefit by the Environment Agency of England and Wales through the appointment of anglers' representatives to regional advisory committees.

10.7 Finally, although not directly an issue of inland fisheries management, the proposed EC Water Framework Directive was raised in 9% of submissions. It is widely acknowledged that this directive, which has been a number of years in preparation, will become the most important piece of European legislation in relation to inland waters. A full review of its implications is inappropriate here, but it is worthwhile to make four observations. Firstly, the directive deals with environmental concerns rather than fisheries legislation. It has no direct influence over fisheries management of any kind. Secondly, however, in requiring that the ecological quality of surface waters be assessed, the directive does require the monitoring of fish communities in both flowing and standing waters. Thirdly, the directive requires that river basins, or catchments, are considered as the basic units of management. For Northern Ireland, this clearly requires close co-operation with bodies in the Republic of Ireland with respect to systems such as the Erne that cross the border. Fourthly, the scope of the required monitoring is such that there will be tremendous demands on monitoring capability, both in terms of resources and the need to develop new monitoring techniques. Thus, although not directly concerned with inland fisheries management, the effects of the directive will certainly be felt by those responsible for the management of freshwater fisheries.

10.8 A sub-committee comprising membership of the Fisheries Conservancy Board and the Loughs Agency should be established to review the harmonisation of responsibilities between the Board and the Agency.

10.9 Following the review of the Fisheries Conservancy Board, any new body established should be core funded by government and thus be independent of income from licences.

10.10 Any new fisheries body established should have a membership that more adequately reflects the fisheries interest and an appropriate mechanism to ensure that angler consultation is routinely undertaken.

10.11 Any new fisheries body established should have an appropriate in-house research capability.

10.12 Any new fisheries body established should consider river basins as the basic units of management, and so must also develop appropriate links with bodies in the Republic of Ireland.

10.13 Any new fisheries body established should consider appointing an officer to liase with the Education and Library Boards to educate children and young people in respect of conservation issues relating directly to freshwater fisheries.

10.14 The implications for inland fisheries management of implementation of the EC Water Framework Directive should be considered now and appropriate measures taken.

11.1 The biodiversity strategy of Northern Ireland Biodiversity Group (2000) should be supported.

11.2 Biodiversity considerations should always be acknowledged within inland fisheries management policies.

11.3 The special situation of the Lough Melvin trout populations should be conferred high conservation status in partnership with the Republic of Ireland authorities.

11.4 The Department should determine the abundance and age structure of the Arctic charr. If results indicate that numbers are low a close season should be operated along the lines of those provided for salmon and trout by section 95 of the Fisheries Act (NI) 1966.

11.5 The licence granted to rear Arctic charr at Ballyarton on River Faughan should be reviewed to protect natural stocks of native species of salmon and sea trout from the nuisance of escaped Arctic charr.

11.6 The pollan populations of Lough Neagh and Lough Erne should be monitored and all attempts to improve their habitats should be supported.

11.7 The presumption should be against the introduction of new fish species, unless an overwhelming case is made for their introduction. Requests to introduce new fish species to Northern Ireland should continue to be very carefully examined on a case-by-case basis and movement restrictions strictly adhered to. New fish species should never be allowed in open waters or closed waters where a significant risk of escape exists. The introduction of new species for fish farming should be resisted.

11.8 Northern Ireland currently enjoys a relatively high disease free status. Fish transfers between waters should continue to be carefully controlled and moves made to reduce the likelihood of new species being introduced to waters as live bait.

11.9 Full support should be given to current initiatives to limit the spread of zebra mussels, and any other aquatic biota which might adversely impact on the freshwater habitat or biodiversity of inland waters.

11.10 The cormorant problem, which includes the development of inland roosts, needs to be addressed as a matter of priority. This should include action to limit breeding populations in specific areas. A watching brief should be maintained on cormorant issues and research elsewhere. Best practice identified elsewhere should be implemented in Northern Ireland as a matter of priority to reduce the problem.

11.11 The Department should consult with the Environment and Heritage Service to determine the possibility of increasing the number of cormorants that can be culled under licence.

11.12 Fisheries requirements should form an integral part of any new works or maintenance, prior to commencement of drainage schemes, which should be subject to an environmental impact study.

11.13 An audit of the Culture, Arts and Leisure angling estate should commence as soon as possible. A priority list of improvements and restoration should be drawn-up taking into account the greatest benefits at least cost. The programme of improvements should include appropriate targets and should be implemented within an agreed timeframe.

11.14 Restoration of the physical habitat of streams and rivers through projects such as the Salmonid Enhancement Programme should be maintained and the Department should seek funds from the EU Tourist Angling Measure. The scale of restorative works required should be commensurate with the extent of rehabilitation which is needed.

11.15 All weirs and other physical obstacles to fish migration should be assessed in the light of guidelines and best practice established outside Northern Ireland. The installation of appropriate fish passes should be undertaken where necessary by means of a structured programme incorporating a standardised audit of each site.

11.16 Flow control on the Lower River Bann should be considered with a view to introducing flow management practices to be more sympathetic to migratory fish requirements.

11.17 It is necessary that artificial sluice gates should be operated in such a way that they do not impede the upstream movement of migratory fish.

11.18 Sections of watercourses upstream of currently impassable waterfalls and other natural obstacles should not be opened up to salmon or migratory trout without full and rigorous consideration of biodiversity issues.

11.19 The Department should urge that the cross border waterways body should ensure that migratory fish are allowed free passage into the entire Lough Erne catchment.

11.20 In order to protect habitats the planning authorities should actively embrace and promote the concept of protected river corridors and ensure that fishery interests are adequately consulted in the planning process.

11.21 A fish rescue service should be established to respond to emergency cases involving acute pollution incidents.

11.22 The eutrophication strategy of the Environment and Heritage Service should be supported. There is an urgent need for a more focussed approach within a fixed timescale.

11.23 There is an urgent need for sensible schemes to be introduced to assist farmers to move away from phosphate fertilisers especially in sensitive areas. This should be through river basin assessments, aimed at an overall reduction in levels of phosphorus.

11.24 Planning permission should not be granted if the sewage treatment works is not capable of coping with proposed developments unless the developers are willing to provide the funding for the upgrade of the sewage treatment works, even within the time-scale of an agreed Area Plan.

11.25 The application of financial penalties by the courts for polluting water courses should be significantly increased in magnitude in order to meet the requirements in the Fisheries (Amendment) Bill (NIA Bill 9/99) Clause 7. [Note: The Bill had not received Royal Assent at the date of printing of this Report.]

11.26 The poacher-gamekeeper conflict currently pertaining to waste water treatment and regulation is not a desirable arrangement. Barring a fundamental institutional reorganisation, significant effort is required to achieve a clear operational separation between those Departments responsible for waste treatment and protection.

11.27 The Department must carry out a feasibility study into the removal of Crown immunity.

11.28 The standards as dictated in the EC Water Framework Directive should be strictly adhered to.

11.29 The requirements of the Groundwater Regulations (Northern Ireland) 1998, with regard to the spreading, storage and disposal of used sheep dip, should be strictly enforced.

11.30 Adequate funding levels for improvements to sewerage and water infrastructure should be accelerated within the Programme for Government.

11.31 Aluminium sludge from water treatment works should never be dumped in river catchment areas.

11.32 Amendments to legislation aimed at ensuring that all weirs and dams should have adequate arrangements for fish migration, both up and down stream and should follow the best aspects of equivalent legislation from elsewhere.

11.33 Legislation must be introduced to ensure that abstraction is controlled so that the main river always has an adequate residual flow sufficient to ensure the unimpeded movement of migratory fish both up and down stream.

11.34 Abstraction based on agreed rates of flow should be addressed on a case by case basis. Every abstraction point should have a flow meter controlling the amount abstracted. Levels should be set at a minimum of 50% of the river flow over weirs and at all water heights.

11.35 Amendments to legislation aimed at preventing fish from getting into abstraction systems, whether for potable water, hydro-electric or fish farm purposes, should follow the best aspects of equivalent legislation from elsewhere.

11.36 Hydro-electric operators must be required by law to contribute to restoration programmes where damage to fish occurs.

11.37 The impact of existing hydro-electric schemes on fish passage and mortality should be determined by the collection of appropriate quantitative, objective data and the appropriate action taken to ensure safe fish passage and decrease mortality if required.

11.38 The issuing of exemptions to hydro-electric operators and fish farms must be carefully monitored and should be issued through any new fisheries body established.

11.39 Any identified significant impacts of existing hydro-electric schemes on fish passage and mortality should be addressed and mitigated as a matter of high priority. Adherence to the legislation for hydro-electric operation should be maintained and be demonstrable. Random inspections should be carried out with severe penalties for non-compliance.

11.40 Any proposals for new hydro-electric systems should be met with a requirement for a thorough and independent environmental impact assessment prior to any approvals being granted.

11.41 The legality and control of 'fattening ponds' should be investigated and resolved as soon as possible.

11.42 The potential impact of salmon farming on natural wild salmon and sea trout populations with regard to escapees and the spread of parasites, notably sea lice, is a matter of serious concern. The maintenance and enhancement of the wild salmon and sea trout populations should take precedence over expansion of salmon farming operations.

11.43 Fisheries requirements should be considered in any review of forestry policy and managed for in an environmentally sustainable manner that minimises the impact on freshwaters. An audit of the status of existing forests with respect to good habitat practice should be carried out as soon as possible.

11.44 Every effort should be made to promote the opportunities for game and coarse angling in Northern Ireland to as wide an international audience as possible. More resources should be made available to encourage and improve facilities for tourist anglers.

11.45 With consideration to increased tourism and native recreational pressures on the natural environment, multi-user issues on inland waters should be considered now and appropriate measures developed to protect the natural environment from, for example, jet skis on loughs, lakes and rivers.

11.46 The complexity of the licence and permit arrangements for visitors as required by the Department, the Loughs Agency and the Fisheries Conservancy Board must be addressed as a matter of urgency.

11.47 Funds should be made available for the enhancement of facilities for the disabled.

11.48 Fishery protection measures should be increased as a matter of high priority.

11.49 Consideration should be given to ways in which water samples taken by properly trained voluntary bailiffs could be used as evidence in the prosecution of polluters.

11.50 The Department should consider using the name Fishery Protection Officer instead of Bailiff.

11.51 The Department should establish an independent body to determine the ownership of fishing rights throughout Northern Ireland as a matter of urgency. Legal provisions should be made to enable accredited angling clubs to easily establish and assert fishing rights on stretches of water where ownership cannot be discovered.

11.52 The system of fishing licences throughout Northern Ireland should be greatly simplified. The Loughs Agency and the Fisheries Conservancy Board should seek to harmonise the licence and permit requirements in their respective jurisdiction with a view to the establishment of a common system.

11.53 Stocking programmes should only be implemented in combination with appropriate habitat assessment and, if necessary, restoration, and should always use indigenous broodstock.

11.54 The salmon carcass tagging scheme should be implemented as a significant tool in the interests of conservation and the fight against poaching. However the cost of implementation should be evaluated in comparison with other means of conservation.

11.55 Net fisheries for salmon should be closed by buy-outs in recognition of the long-term cross community benefits; government should accept primary responsibility for the initial capital investment.

11.56 The over-fishing of sand eels in coastal waters should be investigated.

11.57 The salmon conservation measures of catch and release and bag limits should be considered for implementation, particularly for spring run fish as an element within an overall salmon conservation strategy.

11.58 The River Bush Salmon Project makes an outstanding contribution to research on the management of salmon stocks and should be maintained as a matter of high priority. However, due consideration should be paid to the angling interests when managing and marketing the River Bush as an angling destination.

11.59 The River Bush Project should be examined regarding the management of salmon stocks and the impact of Bush salmon on the indigenous brood stock.

11.60 Research on the eel and other exploitable fish populations of Lough Neagh and Lough Erne should be undertaken as a matter of high priority.

11.61 A sub-committee comprising membership of the Fisheries Conservancy Board and the Loughs Agency should be established to review the harmonisation of responsibilities between the Board and the Agency.

11.62 Following the review of the Fisheries Conservancy Board, any new body established should be core funded by government and thus be independent of income from licences.

11.63 Any new fisheries body established should have a membership that more adequately reflects the fisheries interest and an appropriate mechanism to ensure that angler consultation is routinely undertaken.

11.64 Any new fisheries body established should have an appropriate in-house research capability.

11.65 Any new fisheries body established should consider river basins as the basic units of management, and so must also develop appropriate links with bodies in the Republic of Ireland.

11.66 Any new fisheries body established should consider appointing an officer to liase with the Education and Library Boards to educate children and young people in respect of conservation issues relating directly to freshwater fisheries.

11.67 The implications for inland fisheries management of implementation of the EC Water Framework Directive should be considered now and appropriate measures taken.

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Clifford, S. L., McGinnity, P. & Ferguson, A. (1997). Genetic changes in an Atlantic salmon population resulting from escaped juvenile farm salmon. Journal of Fish Biology 52, 118-127.

Cowx, I. G. & Welcomme, R. L. (eds) (1998). Rehabilitation of Rivers for Fish. Oxford: Fishing News Books, a Division of Blackwell Science Ltd. 260 pp.

Cragg-Hine, D. (1986). Coarse fish populations and their exploitation in Britain and Northern Ireland. Proceedings of the 17th Annual Study Course, Institute of Fisheries Management, pp. 173-182.

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Environment and Heritage Service (undated). Eutrophication in Northern Ireland's Waters: Proposals for a Strategy to Control Nutrient Enrichment.

Feltham, M. J., Davies, J. M., Wilson, B. R., Holden, T., Cowx, I. G., Harvey, J. P. & Britton, J. R. (1999). Case studies of the impact of fish-eating birds on inland fisheries in England and Wales. Report to the Ministry of Agriculture, Fisheries and Food (MAFF Project VC0106).

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MINUTES OF PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

LIST OF WITNESSES WHO GAVE ORAL EVIDENCE TO THE COMMITTEE

LIST OF MEMORANDA SUBMITTED - PRINTED

LIST OF MEMORANDA SUBMITTED - UNPRINTED

In attendance: Mrs C White
Mrs L Gregg
Ms M Higgins

1.1. Agreed - that lists of all written and oral evidence received by the Committee should form part of the report on the inquiry into Inland Fisheries in Northern Ireland.

Mr Hilditch joined the meeting at 12:12pm

1.2. Agreed - that the Minutes of Evidence and their relevant written submissions should form part of the report on the inquiry into Inland Fisheries in Northern Ireland. The Committee divided on this issue. The question was proposed by the Chairperson - 'Do the members agree that the written submissions of those organisations who gave oral evidence should be included in the report on the inquiry into Inland Fisheries in Northern Ireland?' The following members members voted 'Yes' - Mr ONeill, Dr Adamson, Mr Davis, Mr Hilditch and Mr McCarthy and Mr McMenamin abstained.

Mr McElduff joined the meeting at 12:28pm

1.3. Agreed - that the report on the inquiry into Inland Fisheries in Northern Ireland would be published without the photographs, graphs, maps and extracts from reports referred to in written submissions.

E ONeill
Chairperson

[ EXTRACT ]

Apologies: Mr F Agnew
Mr E McMenamin
Mr J Shannon

In Attendance: Ms L Gordon
Mrs L Gregg
Ms M Higgins

1.1 The Committee discussed the content of the report into Inland Fisheries in Northern Ireland and commenced the first reading of the report paragraph by paragraph.

1.2 Paragraphs 1.1 to 7.18 were read and amended, as agreed, during the meeting.

Agreed - that the Committee would complete the first reading at its meeting at 11:30am on Thursday 8 February 2001.

E ONeill
Chairperson

[ EXTRACT ]

Apologies: Mr J Shannon

In Attendance: Ms L Gordon
Mrs L Gregg
Ms M Higgins

1.3 The Committee continued the first reading of its report, paragraph by paragraph.

1.4 Paragraphs 8.1 to 10.14 were read and amended, as agreed, during the meeting.

E ONeill
Chairperson

[ EXTRACT ]

Mr E ONeill (Chairperson)
Mrs M Nelis (Deputy Chairperson)
Dr I Adamson
Mr F Agnew
Mr I Davis
Mr D Hilditch
Mr K McCarthy
Mr E McMenamin
Mr J Shannon
Mr J Wilson

Ms L Gordon
Mrs L Gregg
Ms M Higgins
Mr N Magee

10.1 The Committee discussed the report into Inland Fisheries in Northern Ireland.

E ONeill
Chairperson

[ EXTRACT ]

Mr E ONeill (Chairperson)
Mrs M Nelis (Deputy Chairperson)
Dr I Adamson
Mr F Agnew
Mr I Davis

Mr D Hilditch
Mr K McCarthy
Mr B McElduff
Mr E McMenamin
Mr J Shannon
Mr J Wilson

Ms L Gordon (Committee Clerk)
Mrs L Gregg
Ms M Higgins

9. Committee Inquiry into Inland Fisheries in Northern Ireland

9.1 The Committee discussed and agreed a number of issues relating to the report on Inland Fisheries in Northern Ireland.

9.2 The second draft report, incorporating changes ordered by members at their meeting on

15 February 2001, was read paragraph by paragraph.

Paragraphs 1- 9 (Executive Summary) read and agreed.

Paragraphs 1.1- 1.5 read and agreed.

Paragraphs 2.1- 2.3 read and agreed.

Paragraphs 3.1- 3.8 read and agreed.

Paragraphs 4.1- 4.23 read and agreed.

Paragraphs 5.1- 5.13 read and agreed.

Paragraphs 6.1- 6.16 read and agreed.

Paragraph 6.17 read, amended and agreed.

Paragraphs 7.1- 7.7.4 read and agreed.

Paragraph 7.5 read, amended and agreed.

Paragraphs 7.6- 7.9 read and agreed.

Paragraph 7.10 read, amended and agreed.

Paragraphs 7.11- 7.12 read and agreed.

Paragraph 7.13 read, amended and agreed.

Paragraphs 7.14- 7.18 read and agreed.

Paragraphs 8.1- 8.7 read and agreed.

Paragraphs 9.1- 9.24 read and agreed.

Paragraphs 10.1- 14 read and agreed.

Paragraphs 11.1- 67 read and agreed.

9.3 Agreed - that the Report as amended be the Second Report of the Culture, Arts and Leisure Committee to the Assembly and that it should be printed.

E ONeill
Chairperson

[ EXTRACT ]