Loughs Agency Gníomhaireacht na Lochanna Factrie fur Loughs

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1 CONSULTATION DOCUMENT PROPOSED AMENDMENTS OF THE FOYLE AREA (CONTROL OF FISHING) REGULATIONS 1999

2 Foyle Area (Control of Fishing) (Amendment) Regulations 2008 INTRODUCTION This Consultation Document sets out proposals by the Lough Agency for the introduction of a new regulation amending Foyle Area (Control of Fishing) regulations 1999 ( the 1999 Regulations ). The consultation document is available on the Loughs Agency website at. PURPOSE The Loughs Agency is responsible for the conservation and protection of inland fisheries in the Foyle and Carlingford area. The purpose of this consultation is to seek views on proposals to amend the Foyle Area (Control of Fishing) regulations 1999 to allow the following specific changes in regulation. (i) The variation of the flood trigger levels that control fishing in the Foyle area.

3 (ii) (iii) (iv) The introduction of a drought trigger level to control fishing in the Foyle area. The amendment of the prohibition of the rivers named to include the river Finn To set trigger levels for angling and netting restrictions based on Management targets for salmon populations. These regulatory changes will require the amendment of the Foyle Area (Control of Fishing) Regulations BACKGROUND SION MILLS WEIR FLOOD AND DROUGHT LEVEL CONTROL There is a component within the Control of Fishing Regulations 1999 that limits the commercial and game fishery within the Foyle area, based on the availability of floodwater at Sion Mills. However there has not been a suspension of fishing under the amended 1999 control of fishing regulations.

4 The 1999 Regulations replaced the 1977 Regulations on which there was one trigger level at Sion Mills Weir which was 20 inches on the Commission s river gauge for a 48-hour suspension. There was one suspension in 1996 when a height of 22 inches was reached at 11:00 hours on the 2 nd J u l y. The current system under the 1999 Regulations is that there must be a 3.1 or 3.5 metre height to allow the suspension of fishing. This has never been reached. Given the size of the 2007 floods, this failure to reach trigger point was of some concern. As such a detailed study of the height of water at Sion Mills was undertaken using data from the Rivers Agency electronic flow gauging system. The Rivers Agency flow gauging system is of particular interest to the Loughs Agency, because in partnership the two Agencies invested in a voice announcer for the gauging station. This announcer allows a telephone interrogation of the station data, and delivers flow data in real time.

5 Studying of the flow gauging data would indicate that the current legislative triggers on water heights at Sion Mills are no longer appropriate as laid out in the 1999 Regulations. This is partially due to the inaccuracy of the driven post which was the Commission s early measurement gauge at the station and the fact that the electronic gauging station is approximately 250 metres downstream of where the original marker would have been. Below in the 3 photographs are details of a flood which occurred in 2007 on the 4 th of July. This flood was extremely large and should have triggered a closure of the system. However it came nowhere near the height as determined by the current Regulations. These pictures are contrasted with normal flows as shown in the other photographs. Taken Between 15:00 and 15:30 during the 4 th of July 2007

6 Taken between 15:00 and 15:30 during the 4 th of July 2007

7 Sion Mills Weir between 15:00 and 15:30 during the 4 th of July 2007

8 Normal flow conditions at Sion Mills weir.

9 This 2007 flow regime was evaluated and is displayed below. on the graphs

10 Water level sion mills wier Hieght (M) Date Given the findings of the study it is proposed that the regulatory limits be altered as follows; lower limits be changed to 2 metres upper limit to 2.5 metres It is the Loughs Agency s view that these levels as, determined by the Rivers Agency electronic gauging station at Drumaboy House, should be included as a 2008 amendment to the Control of Fishing Regulations Northern Ireland 1999.

11 Drought At the onset of the 2008 season the Foyle area rivers were in significant drought. The water levels were some of the lowest recorded and the drought lasted for a considerable period of time. These conditions were highly unfavourable for migratory salmonids. These extreme low water conditions prevented the normal escapement of fish into the Foyle system and caused those fish that had entered the system to shelter in small pools where they were significantly more vulnerable to angling effort. The shallow water and exposed fish also gave rise to a significant upsurge in illegal fishing methods by illegal anglers that could see the fish. From a commercial perspective the low water conditions and associated high temperatures precipitated an algal growth in the waterways, this algal growth interfered with the commercial nets and limited their effectiveness. In February 2007 the Loughs Agency consulted with its stakeholders and the general public on the introduction of drought provisions as part of the wider protection measures for the salmon fishery. This aspect of the consultation received no direct opposition.

12 The graph below shows the river level at Sion Mills during the drought period. The Loughs Agency intends to set drought level in the regulations at 0.7 metres, where that minimal level continues for more than 3 consecutive 24- hour periods. Should the river level fall to this low level than all angling and commercial fishing would cease in the Foyle area, until the river begins to return to its normal level. Sion Mills Drought 1.2 Water level Proposed minimum level 1 Level metres /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /05/ /06/ /06/ /06/ /06/ /06/ /06/ /06/ /06/2008 Date

13 Summary on water levels In summary the Loughs Agency intends by regulation to raise the flood control levels within the 1999 regulations to 2.0 and 2.5 metres over datum, and to introduce a drought level of 0.7 metres over datum. These levels are presented on the graph below in comparison to the average river levels for 2003 to Comparative river levels Annual average Drought Level Upper flood level River level metres Year

14 In the event of a drought situation the Agency intends to take the following actions as detailed in the amended regulations. If at any time, the water level on the River Mourne recorded by the Sion Mills River Gauging Station falls below the reading 0.7 metres over datum, all fishing, both netting and angling, in the Foyle area shall cease until the water levels rise above that level. Prohibition on angling and netting The Loughs Agency, in addition to adjusting the water level regulatory triggers, also intends to use this regulatory amendment to specify the River Finn in the rivers named under regulation 8 of the 1999 regulations, to ensure it derives the same degree of protection as the other named river systems mentioned in this section. Regulation 8 prohibits the use of nets or rod and line for the purpose of taking salmon or trout in named rivers during a period of suspension declared by the Loughs Agency. Management Targets The Loughs Agency must ensure that it manages its salmon stocks sustain ably. The Agency has reviewed the stock levels using its audit points and

15 the indications are that there is a decline in salmon population denisity. In assessing the need for management action to be taken the Agency has taken into account its national and international obligations. These are: North Atlantic Salmon Conservation Organisation (NASCO) The EU and hence both Ireland and the UK is a Contracting Party to NASCO and therefore obliged to adhere to its objectives and recommendations. The primary management objective of NASCO is : to contribute through consultation and co-operation to the conservation, restoration, enhancement and rational management of salmon stocks taking into account the best scientific advice available. In 1998, NASCO, adopted the precautionary approach to fisheries management (as outlined in FAO, 1995, 1996). The NASCO Agreement on the Adoption of the Precautionary approach states, that an objective for the management of salmon fisheries is to provide the diversity and abundance of salmon stocks or in other words to maintain both the productive capacity and diversity of salmon stocks. NASCO provides interpretation of how this is to be achieved. Management measures should be aimed at maintaining all

16 stocks above their conservation limits by the use of management targets. Socio-economic factors could be taken into account in applying the precautionary approach to fisheries management issues. The precautionary approach is an integrated approach that requires, inter alia, that stock rebuilding programmes (including as appropriate, fishery management actions, habitat improvements and stock enhancement) be developed for stocks that are below conservation limits. The International Council for the Exploration of the Sea (ICES) ICES provide advice to NASCO for the management of fisheries in the North Atlantic (Report of the Advisory Committee on Fisheries Management 2005) particularly the mixed stock fisheries of West Greenland and Faroes. General advice is also provided for homewater fisheries as follows: Stocks should be maintained above conservation limits; The only fisheries for salmon should be on river stocks that are shown to be above conservation limits; For stocks below conservation limits catches should be reduced to increase the probability of meeting them;. Due to the different status of individual stocks within regions, mixed stock fisheries present particular threats to stock status. The EU Habitats Directive

17 Council Directive 92/43/EEC (on the conservation of natural habitats and of wild flora and fauna) states that: "If a species is included under this Directive, it requires measures to be taken by individual member states to maintain or restore them to favorable conservation status in their natural range. The North Atlantic salmon (Salmo salar L.) has been included as one of the species covered by the Directive. The conservation status of a species means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations within its territory (also defined) and this conservation status will be taken as favourable when: o population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and o the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and o there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis The directive specifically allows for provision to be made for management measures for salmon, if their conservation status so warrants, including the

18 prohibition of certain means of capture or killing, whilst providing for the possibility of derogations on certain conditions. Member States will be obliged to take measures to ensure that the exploitation of salmon stocks is compatible with their being maintained at a favourable conservation status. Such measures may include: temporary or local prohibition of the taking of salmon in the wild and exploitation of certain populations, regulation of the periods and/or methods of taking salmon, application, when salmon are taken, of hunting and fishing rules which take account of the conservation of such populations, establishment of a system of licences for taking salmon or of quotas, regulation of the purchase, sale, offering for sale, keeping for sale or transport for sale of salmon. In conclusion the Loughs Agency is obliged to ensure that it both manages the salmon stocks and is seen to manage the salmon stocks. Given the basis by NASCO to manage using management targets the Agency intends to insert a new provision in the regulations that is directly linked to the management targets. This lays out the management targets and the actions to be taken should these targets not be met as follows:

19 If the Commission is satisfied that, during the period 1st January to 31 st July, both dates inclusive, that 70% of the management target of salmon has not been reached according to the fish counting stations on the River Roe; River Faughan; River Finn; River Mourne, all game angling in the River Foyle and its tributaries will be restricted to catch and release methods only until the 1 st January the following year. If the Commission is satisfied that by 31 st December in any year that the Rivers Mourne, Faughan, Finn or Roe have not met their management target in any two years out of the previous five, or that any individual river has not reached 50% of its management target for the previous year, then the commercial fishery both drift and draft net fishing shall close and all angling will be limited to catch and release for the following calendar year as follows; River Mourne: all tributaries of the Mourne and the main River Mourne become catch and release only, both the Drift and Draft net fishery in the River Foyle close. River Finn: all tributaries of the Finn and the main River Finn become catch and release only, both the Drift and Draft net fishery in the River Foyle close.

20 River Roe: all tributaries of the Roe and the main River Roe become catch and release only, and the Drift net fishery in the River Foyle close. River Faughan: all tributaries of the Faughan and the main River Faughan become catch and release only, the Drift net fishery in the River Foyle close. These measures are deemed as necessary for the transparent management of the Foyle salmon stocks. OVERVIEW OF THE PROPOSED REGULATIONS These regulations would; Lower the flood trigger levels to 2.0 (lower limit) and 2.5 metres (upper limit) over datum as determined by the river gauging station at Sion Mills, these levels will subsequently act as trigger values to control fishing in the Foyle area. Introduce a drought trigger level of 0.7 metres over datum as determined by the river gauging station at Sion Mills, this level will subsequently act as trigger values to control fishing in the Foyle area. Amend the prohibition of the rivers named to include the river Finn. Set trigger levels for angling and netting restrictions based on management target achievement by salmon populations as measured by the Loughs Agency fish counters.

21 DETAILS OF CONSULTATION PROCESS 1. Responses to this Consultation Document should be received no later than XXXX 2. Responses and any comments about this Consultation should be either: Sent to the control of fishing consultation, Loughs Agency, 22 Victoria Road, Prehen, Londonderry, BT47 2AB, (Fax Number (028) ) ed to 3. Hard copies of this Consultation Document can be obtained from the Loughs Agency at the above address or by telephoning Laura French on (028) The Consultation Document is also available on the Loughs Agency website at 5. Copies of this document in an alternative format can be made available on request in large print, disk, Braille and audiocassette. It may also be made available in other languages on request.

22 FREEDOM OF INFORMATION The Loughs Agency will publish a summary of responses following completion of the consultation process. Your response, and all other responses to the consultation, may be disclosed on request. The Agency can only refuse to disclose information in exceptional circumstances. A full copy of the Freedom of information Code of Practice is available for download or viewing at EQUALITY IMPACT AND HUMAN RIGHTS IMPLICATIONS The policy has been screened for section 75 groupings and there are no equality issues for any of the section 75 groups. The Loughs Agency is of the view that the proposed legislation is compatible with the Human Rights Act REGULATORY IMPACT ASSESSMENT A partial regulatory impact assessment is attached at Annex a. The Agency would welcome comments on the draft assessment.

23 ENQUIRIES AND FURTHER COPIES For enquiries and further copies please contact the address below: The consultation document is also available on the on the Loughs Agency website at Yours sincerely John McCartney Director of Conservation and Protection.