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River Wye Gillies Association
River Wye Gillies Association
'protecting and preserving salmon on the river Wye'
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Current News
POACHER GETS HEAVY FINES.
Radoslav Matusza was fined heavily at Hereford Court recently for four fishery offences which took place on 17th December 2008 including;
Taking a salmon during the close season, possession of an unclean salmon,
Removing a salmon without written authority, and by angling in the daytime taking a fish in water which was private property.
He was fined at total of £2,298.92. He also had the fish and his fishing tackle confiscated and ordered to pay a victims surcharge of £15.00
These offences took place on the Hereford and District Angling Club waters.
A small but welcome dent in the amount of illegal fishing taking place on the Wye and Lugg notably by Polish immigrant workers.
Forests could be flooding solution
(Western Mail 23-June 23009)
ONCE the fashion was to drain boggy land and clear the waterways of trees and branches to help fish to reach their spawning grounds. Now the opposite approach is being applied in forestry land to lessen the risk to more than 400,000 homes and businesses across Wales considered liable to flood. Researchers in Wales are carrying out trials on ways that forests can help reduce downstream flooding and lock away millions of tons of carbon dioxide. And climate change experts from across Europe have been to see for themselves how ~ Welsh woodlands are already helping alleviate the effects of climate change. Members of the FutureForest project- a partnership project funded by the EU and Welsh Assembly Government - heard about the latest work by Forest Research Wales during a two-day study tour aimed at sharing experiences and methods of environmental management to prepare the forests of Europe for climate change. Specialists from partner regions - Auvergne in France, Brandenburg in Germany, Bulgaria, Catalonia, Latvia and Slovakia - saw some of the effects of climate change on Welsh forests and considered flood management methods. They saw how woody debris dams, new woodland creation and other flood risk management techniques in the uplands can help to reduce flooding.
"We have already begun to discover much about the way the woodlands of Europe can help us to combat climate change," said Mike Over, of Forestry Commission Wales. "Our experts have made some really exciting new discoveries that our European colleagues believe may well help them back in their own countries." Much of the research is looking at soft engineering - working with nature to trap flood water in the uplands and slow its passage downstream. Floodplain and riverside planting, in many cases recreating ecologically rich, wet woodland habitat, can also improve water quality and benefit freshwater life.
Catch & Release
Do you fish for late season Salmon in Wye tributaries? Are you aware of byelaws? Are you sure? The 2003 byelaws were ammended to require all salmon caught in tributaries of the Wye downstream of Llanwrthyl in the period October 17 - 24th to be released alive This statutory requirement for Catch & Release continues to be valid in the recently renewed (2009) national spring salmon byelaws. To read the EA response to clarify this situation go to EA Tributary C&R Byelaws or see in archive on Wye Articles page
Upper Bigsweir
WUF have just announced two days per week available on 1200 metres of L/H bank at upper Bigsweir on day ticket. For those who do not know this beat it is about 1 mile downstream of Redbrook and 3 miles above Bigsweir on the opposite bank to Cadora for part of its length. This water, I'm told, can fish very well indeed if we ever get a summer of low, but not dead low, water. It's near enough to the tide to get fish if they want to run (the bottom pool, Cockpit, is just affected by the highest of tides). The spring fish have never tended to stop for long in this beat, but the summer fish, including the good 2SW fish that run in May-June as well as any grilse that there may be, can build up in good numbers. But, a big spate, such as the beats further upstream pray for, tends to clear out the resident stock, so a traditional English summer with rain coming little and often, rather than the deluges interspersed with scorching heat that we have tended to get in recent years, is ideal.
Shad Fishing
Recent events have caused RWGA to make clear the position regarding fishing for both Allis and Twaite Shad as reported to us by Sgt Ian Guildford Wildlife & Environmental Crime Officer (South Wales), Countryside Council for Wales (CCW)
‘Shad are afforded protection under Section 28 Wildlife and Countryside Act 1981, this is the relevant legislation that covers Sites of Special Scientific Interest (SSSI's). The River Wye (and the Rivers Usk, Tywi and parts of the River Severn) are all designated in part as Sites of Special Scientific Interest, with Twaite and Allis Shad, as designated features of these rivers. Therefore any taking of Shad would be an offence under either of the following: Sec 28(P)(6) Wildlife and Countryside Act 1981 (as amended by CRoW) or
Sec 28(P)(6A) Wildlife and Countryside Act 1981 (as amended by CRoW and NERC 2006)’
A recent article in the April 2009 edition of Coarse Fisherman seemed to cloud this situation. Noted angler Bob Roberts gave an account of a shad fishing session on the river Wye above Builth Wells. In this article Bob quoted a number of local clubs and organizations where day tickets may be purchased. We would like to make it perfectly clear that, in line with the statement by CCW above and the details below, deliberately fishing for shad is illegal. If one (shad) is caught inadvertently whilst fishing for other species it should be handled with great care and returned quickly and safely. It is believed that Coarse Fisherman have, in their May edition, posted an apology for this oversight.
The following are extracts from documents on the subject provided by CCW:
This legal position had been enforced, by CCW since a meeting between CCW, Dyfed Powys Police and EA in Hay on Wye on 16th May 2008. At that meeting said: “Anglers are aware they need a rod licence issued by the Environment Agency to fish for Salmon and other freshwater fish. As this licence doesn’t cover shad, many anglers assume it is ok to fish for them. “However, shad are protected under the Wildlife and Countryside Act, which means anyone who intentionally sets out to fish for shad will be committing an offence.”
Chris Uttley, Water Policy Officer for the Countryside Council for Wales, said: “The shad awareness day had been organised to raise awareness of anglers’ responsibilities towards shad, particularly now as we are entering spawning and migration time. “The Environment Agency Wales and Welsh Water are working on improving the chances for shad to thrive in the River Wye and we want to build on this by asking anglers to help us protect this important species.”
Ian McCulloch, a Water Bailiff for Environment Agency Wales, said: “The Environment Agency Wales is keen to support the Countryside Council for Wales and Dyfed Powys Police with this campaign. “We intend to assist wherever possible, with the enforcement of the law in relation to the rare and endangered allis and twaite shad, and anticipate the usual good response from the angling community.”
Representatives from the Countryside Council for Wales, Environment Agency Wales and the Police met at Blue Boar pub in Hay at 11.30am, on Friday 16th May, before going on to meet anglers and patrol the River Wye.
Some facts about shad……….
Two types of shad are found in Welsh rivers - Twaite and Allis. Both are protected under the Wildlife and Countryside Act.
Shad are designated features of the River Wye Special Area of Conservation and are also features of the Sites of Special Scientific Interest.
Shad spend most of their life at sea, but between April and June they migrate to the rivers to spawn. Some swim upstream for hundreds of kilometers - in the River Wye, shad travel over 190 km to reach their spawning grounds at Builth Wells.
Shad are also found in the River Usk and the River Tywi. These rivers are also designated as Special Areas of Conservation for shad.
When the fish arrive at the spawning sites the males chase the females over clean gravel beds, causing a lot of splashing.
Most Allis shad die shortly after spawning. Twaite shad however repeat the migration many times.
Some females can lay up to 600,000 eggs. Once hatched the fry stay within lower parts of the river, eating invertebrates and larvae, before moving into the estuary and finally to coastal waters where they spend most of their lives, before migrating upstream like their parents.
In order to migrate up river a clear route to the spawning ground is needed with no barriers, which include waterfalls or man-made dams and weirs.
ENVIRONMENT AGENCY WALES RIVER WYE TWAITE AND ALLIS SHAD PROTECTION PROJECT
Introduction
Allis shad (Alosa alosa) and twaite shad (Alosa fallax) both inhabit the River Wye during May and June on their spawning migration. Their numbers have declined rapidly in recent years, although detailed information is sketchy. They are documented as accounting for one third of the total River Severn catch by weight in 19th century, and they used to command as high a price as salmon (Phillips, Roger, and Ricks, Martyn, 1985, Freshwater Fish of Britain, Ireland and Europe). Observations of shad were once captured in River Wye water bailiff weekly and annual beat reports, and annual Wye Fishery reports. Although there have been Environment Agency studies done in recent years, there is much less routine observation information captured on shad numbers and spawning areas on the Wye in comparison to Welsh Water Authority and National Rivers Authority days. However it is evident that their numbers have continued to decline since the early 1990’s, and are now likely to be in a critical state. They are an internationally endangered species, listed under the European Habitats Directive and prioritised under the UK Biodiversity Action Plan, and are one of only five fish species (including the basking shark and sunfish) to be given legal protection under the Wildlife and Countryside Act, 1981 (as amended)
Twaite and allis shad life cycle
Fish enter the river in May, spawning in fast shallow gravel shoals in June. The very rare Allis shad spawn further upriver away from tide than their twaite cousins. Adults often die after spawning, although many also return to sea given favourable conditions. Marine life is spent mainly on coasts and estuaries. It is highly likely that many of the shad seen in the upper Wye are indeed Allis shad.
Exploitation on the Wye
Fishing for shad traditionally occurred principally in the built-up areas near Ross, Hereford and Monmouth, and was limited to small-scale recreational angling, using small spinners, or “shad spoons”. Nearly all fish were returned by the anglers, who enjoy catching them due to the good fight these strong-swimming fish put up. Unfortunately there is much anecdotal evidence to suggest that this hard fight seriously damages the fish, and many have been observed dead following return to the warm summer water. Angling for shad was often used as a substitute for river coarse fishing which was legally unavailable at the time due to the close season for breeding. There was no such close season applicable to shad as they are not classified as freshwater fish. Shad angling was also used as a “get-out” for illegally spinning for salmon or trout on private water.
Traditionally little enforcement effort had been applied to this activity, due to the fact that salmon fishery enforcement is prioritised at the time of year in question, and shad anglers do not even require a rod fishing licence due to their quarry’s unclassified status. Recently (pre May 2008) an angler contacted the Agency to announce his intention to come fishing near Monmouth and to explain that he would not have a rod licence. To May 2008 no effort has been made by the Environment Agency to limit or stop fishing for shad, and there had been no media and public awareness campaign to alert anglers to the protective law applicable under the Wildlife and Countryside Act (see section 4 below). To that date only canoeists had been made aware of their responsibilities (River Wye Canoeist’s Guide, 2008)
Legal protection
Twaite and allis shad have the highest conservation status out of all the species of fish in the River Wye. The following list of applicable law was given recently by Natural England in response to a query relating to canoeists and their possible breaches of statute concerning shad and their spawning grounds.
Wildlife and Countryside Act 1981 (as amended)
Allis shad
Sec 9(1) It is an offence to intentionally kill, injure or take.
Sec 9(4)(a) It is an offence to intentionally or recklessly damage or destroy or obstruct access to, any structure or place which a wild allis shad uses for shelter or protection.
Twaite shad
Sec 9(4)(a) It is an offence to intentionally or recklessly damage or destroy or obstruct access to, any structure or place which a wild allis shad uses for shelter or protection. (This has been held to include spawning grounds.)
If both species were a feature of the SSSI (i.e. the River Wye)then the following would apply:
Sec 28(P)(6) Wildlife and Countryside Act 1981 (as amended by Countryside and Rights of Way Act )
If without reasonable excuse intentionally or recklessly destroys or damages any of the fauna (i.e. shad) by reason of which the land (river) is of special interest or intentionally or recklessly disturbs any of those fauna (i.e. shad) and
(b) knew that what he destroyed, damaged or disturbed was within a SSSI.
There is also a lesser offence amended by the Natural Environment and Rural Communities Act 2006 (NERC), which replicates the above but, does not require proof that the person knew it was a SSSI:
Sec 28(P)(6A) Wildlife and Countryside Act 1981 (as amended by CRoW and NERC 2006)
If without reasonable excuse intentionally or recklessly destroys or damages any of the fauna (i.e. shad) by reason of which the land (river) is of special interest or
(b) Intentionally or recklessly disturbs any of those fauna (i.e. shad) (and knew that this fauna was within a SSSI)
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Poaching
An 18lbs salmon was caught on 22nd April on the Ingeston Beat just above Ross on Wye by Mr G.Lomansney. The fish, a fresh run springer was badly netmarked with significant scale loss. It was safely returned but its survival must be doubtful. There have been a number of reports of possible incidents of poaching recently (Monmouth Bridge, below Builth Wells etc) but with a dearth of EA bailiffs at the present time and apparently little or no anti poaching patrols it would appear that there is a real possibility of active poaching effort, particularly on the lower river.
Suggest you report any similar net marked fish to the Environment Agency immediately,likewise any other signs that poaching has taken place,
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Canoeists get Welsh Assembly backing
16th April 2009 David Williamson Western Mail
WELSH canoeists and other water users should have their very own right to roam, a cross-party group of AMs have declared. Canoeing enthusiasts have called on the Assembly to give them the same right to explore waterways enjoyed by their Scottish counterparts.In England and Wales there is no automatic right to access inland lakes and rivers. Canoeists in Scotland now have a legal right to paddle in most waters. Val Lloyd, the Labour chair of the Assembly’s petition committee, said: “The rivers of Wales are a natural gift that everyone should have the right to enjoy. Access should not be based on the vagaries of permissions bestowed or ability to pay, but on the fundaments of equity and social justice. “We believe there should be the right of non-motorised access to inland water in Wales as there is in Scotland.” The call to clarify the rights of canoeists comes at a time when the numbers of people taking to the water is expected to soar. More than 20,000 people go canoeing in Wales every week and the sport is growing by 9% a year. The committee condemned the existing situation as “confusing, untenable and unworkable”. It launched its investigation following a petition from Canoe Wales. Ashley Charlwood, head of strategic projects for Canoe Wales, said: “There is just an enormous lack of clarity over where the public can and cannot enjoy inland water.” But Bernard Farr, chairman of the Federation of Welsh Anglers, cautioned that if canoeists entered areas of water where trout and salmon were spawning serious damage could be done to the fish population. He was sure a compromise could be reached but called for greater regulation of canoeing, saying: “If we want to use the water we need a licence. It should be governed in the same sort of way.” Ms Lloyd said: “Different parties in Scotland have been able to leave behind cul-de-sac positions concerning who has which legal rights on their side. We therefore suggest it provides a useful basis from which a unique Welsh model may be developed.”
The committee looked at the failings of the voluntary approach under which “it may take several years to bring all sides together into one room, let alone into one agreement”. The report adds: “There is a real need to develop mutual respect and better communication between all sides of this debate.” The AMs are calling for a “full scrutiny inquiry” and acknowledge canoeists will have to bear responsibilities, stating: “Statutory access will not work, however, without enforceable codes of conduct for inland water so that environmental and other conditions can be built in and common sense can prevail.” The report notes: “The anglers on the River Teifi suggested to us that all canoeists should have an identification number and a paid licence to paddle. There is merit in that approach, but would it be enforceable?” Last year canoeists were criticised for kayaking down the 300ft slipway at Welsh Water’s Llyn Brianne reservoir in Carmarthenshire. Yesterday, a spokeswoman for Welsh Water said such reservoirs were not safe unless there were organised watersports.
“Operational reservoirs can be dangerous for various reasons and people are advised only to engage in canoeing at sites where there are organised watersports,” she said. “We urge people to comply with warning and advisory notices at our reservoirs, or they could put themselves and others at unnecessary risk.”
A spokesman for the Assembly Government said it did not have the law-making powers to create a public legal right of access and was “focusing on practical action to expand recreational opportunities on Wales’ extensive water resources”. In June last year it announced £400,000 funding for new water recreation projects. The spokesman said: “Pilot projects, which the Assembly Government funded in 2007, have already shown on the Rivers Usk and Wye how progress can be made by the different interests working together - and it’s that kind of partnership approach that we need to build on.”
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Tension between anglers and canoeists in Wales has surfaced again at the start of a new fishing season. Rachel Evans, Wales director of the Countryside Alliance, examines the issue.
As Welsh anglers look forward to the new game fishing season the dark clouds that are gathering are not just those that are filling our rivers and lakes. There are rumblings from Cardiff which threaten the quiet waters on which tens of thousands of Welsh anglers, and many from the rest of Britain and far further afield, cast a fly or trot a worm. A well organised campaign led by the Welsh Canoeing Association, supported by numerous organisations from Wales and beyond, has led to the Assemblys Petitions Committee carrying out a “short inquiry into access along inland water”. See the article in full Wye Articles on page
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Ever wondered how to choose the beat with the best chance of a fish on the Wye?......Read long time Wye gillie Geoff Franks view, see Wye Articles page!
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February 2009 monthly report now posted...see Fishing Report page
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POACHER GETS HEAVY FINES.
Radoslav Matusza was fined heavily at Hereford Court recently for four fishery offences which took place on 17th December 2008 including;
Taking a salmon during the close season, possession of an unclean salmon,
Removing a salmon without written authority, and by angling in the daytime taking a fish in water which was private property.
He was fined at total of £2,298.92. He also had the fish and his fishing tackle confiscated and ordered to pay a victims surcharge of £15.00
These offences took place on the Hereford and District Angling Club waters.
A small but welcome dent in the amount of illegal fishing taking place on the Wye and Lugg notably by Polish immigrant workers.
Forests could be flooding solution
(Western Mail 23-June 23009)
ONCE the fashion was to drain boggy land and clear the waterways of trees and branches to help fish to reach their spawning grounds. Now the opposite approach is being applied in forestry land to lessen the risk to more than 400,000 homes and businesses across Wales considered liable to flood. Researchers in Wales are carrying out trials on ways that forests can help reduce downstream flooding and lock away millions of tons of carbon dioxide. And climate change experts from across Europe have been to see for themselves how ~ Welsh woodlands are already helping alleviate the effects of climate change. Members of the FutureForest project- a partnership project funded by the EU and Welsh Assembly Government - heard about the latest work by Forest Research Wales during a two-day study tour aimed at sharing experiences and methods of environmental management to prepare the forests of Europe for climate change. Specialists from partner regions - Auvergne in France, Brandenburg in Germany, Bulgaria, Catalonia, Latvia and Slovakia - saw some of the effects of climate change on Welsh forests and considered flood management methods. They saw how woody debris dams, new woodland creation and other flood risk management techniques in the uplands can help to reduce flooding.
"We have already begun to discover much about the way the woodlands of Europe can help us to combat climate change," said Mike Over, of Forestry Commission Wales. "Our experts have made some really exciting new discoveries that our European colleagues believe may well help them back in their own countries." Much of the research is looking at soft engineering - working with nature to trap flood water in the uplands and slow its passage downstream. Floodplain and riverside planting, in many cases recreating ecologically rich, wet woodland habitat, can also improve water quality and benefit freshwater life.
Catch & Release
Do you fish for late season Salmon in Wye tributaries? Are you aware of byelaws? Are you sure? The 2003 byelaws were ammended to require all salmon caught in tributaries of the Wye downstream of Llanwrthyl in the period October 17 - 24th to be released alive This statutory requirement for Catch & Release continues to be valid in the recently renewed (2009) national spring salmon byelaws. To read the EA response to clarify this situation go to EA Tributary C&R Byelaws or see in archive on Wye Articles page
Upper Bigsweir
WUF have just announced two days per week available on 1200 metres of L/H bank at upper Bigsweir on day ticket. For those who do not know this beat it is about 1 mile downstream of Redbrook and 3 miles above Bigsweir on the opposite bank to Cadora for part of its length. This water, I'm told, can fish very well indeed if we ever get a summer of low, but not dead low, water. It's near enough to the tide to get fish if they want to run (the bottom pool, Cockpit, is just affected by the highest of tides). The spring fish have never tended to stop for long in this beat, but the summer fish, including the good 2SW fish that run in May-June as well as any grilse that there may be, can build up in good numbers. But, a big spate, such as the beats further upstream pray for, tends to clear out the resident stock, so a traditional English summer with rain coming little and often, rather than the deluges interspersed with scorching heat that we have tended to get in recent years, is ideal.
Shad Fishing
Recent events have caused RWGA to make clear the position regarding fishing for both Allis and Twaite Shad as reported to us by Sgt Ian Guildford Wildlife & Environmental Crime Officer (South Wales), Countryside Council for Wales (CCW)
‘Shad are afforded protection under Section 28 Wildlife and Countryside Act 1981, this is the relevant legislation that covers Sites of Special Scientific Interest (SSSI's). The River Wye (and the Rivers Usk, Tywi and parts of the River Severn) are all designated in part as Sites of Special Scientific Interest, with Twaite and Allis Shad, as designated features of these rivers. Therefore any taking of Shad would be an offence under either of the following: Sec 28(P)(6) Wildlife and Countryside Act 1981 (as amended by CRoW) or
Sec 28(P)(6A) Wildlife and Countryside Act 1981 (as amended by CRoW and NERC 2006)’
A recent article in the April 2009 edition of Coarse Fisherman seemed to cloud this situation. Noted angler Bob Roberts gave an account of a shad fishing session on the river Wye above Builth Wells. In this article Bob quoted a number of local clubs and organizations where day tickets may be purchased. We would like to make it perfectly clear that, in line with the statement by CCW above and the details below, deliberately fishing for shad is illegal. If one (shad) is caught inadvertently whilst fishing for other species it should be handled with great care and returned quickly and safely. It is believed that Coarse Fisherman have, in their May edition, posted an apology for this oversight.
The following are extracts from documents on the subject provided by CCW:
This legal position had been enforced, by CCW since a meeting between CCW, Dyfed Powys Police and EA in Hay on Wye on 16th May 2008. At that meeting said: “Anglers are aware they need a rod licence issued by the Environment Agency to fish for Salmon and other freshwater fish. As this licence doesn’t cover shad, many anglers assume it is ok to fish for them. “However, shad are protected under the Wildlife and Countryside Act, which means anyone who intentionally sets out to fish for shad will be committing an offence.”
Chris Uttley, Water Policy Officer for the Countryside Council for Wales, said: “The shad awareness day had been organised to raise awareness of anglers’ responsibilities towards shad, particularly now as we are entering spawning and migration time. “The Environment Agency Wales and Welsh Water are working on improving the chances for shad to thrive in the River Wye and we want to build on this by asking anglers to help us protect this important species.”
Ian McCulloch, a Water Bailiff for Environment Agency Wales, said: “The Environment Agency Wales is keen to support the Countryside Council for Wales and Dyfed Powys Police with this campaign. “We intend to assist wherever possible, with the enforcement of the law in relation to the rare and endangered allis and twaite shad, and anticipate the usual good response from the angling community.”
Representatives from the Countryside Council for Wales, Environment Agency Wales and the Police met at Blue Boar pub in Hay at 11.30am, on Friday 16th May, before going on to meet anglers and patrol the River Wye.
Some facts about shad……….
Two types of shad are found in Welsh rivers - Twaite and Allis. Both are protected under the Wildlife and Countryside Act.
Shad are designated features of the River Wye Special Area of Conservation and are also features of the Sites of Special Scientific Interest.
Shad spend most of their life at sea, but between April and June they migrate to the rivers to spawn. Some swim upstream for hundreds of kilometers - in the River Wye, shad travel over 190 km to reach their spawning grounds at Builth Wells.
Shad are also found in the River Usk and the River Tywi. These rivers are also designated as Special Areas of Conservation for shad.
When the fish arrive at the spawning sites the males chase the females over clean gravel beds, causing a lot of splashing.
Most Allis shad die shortly after spawning. Twaite shad however repeat the migration many times.
Some females can lay up to 600,000 eggs. Once hatched the fry stay within lower parts of the river, eating invertebrates and larvae, before moving into the estuary and finally to coastal waters where they spend most of their lives, before migrating upstream like their parents.
In order to migrate up river a clear route to the spawning ground is needed with no barriers, which include waterfalls or man-made dams and weirs.
ENVIRONMENT AGENCY WALES RIVER WYE TWAITE AND ALLIS SHAD PROTECTION PROJECT
Introduction
Allis shad (Alosa alosa) and twaite shad (Alosa fallax) both inhabit the River Wye during May and June on their spawning migration. Their numbers have declined rapidly in recent years, although detailed information is sketchy. They are documented as accounting for one third of the total River Severn catch by weight in 19th century, and they used to command as high a price as salmon (Phillips, Roger, and Ricks, Martyn, 1985, Freshwater Fish of Britain, Ireland and Europe). Observations of shad were once captured in River Wye water bailiff weekly and annual beat reports, and annual Wye Fishery reports. Although there have been Environment Agency studies done in recent years, there is much less routine observation information captured on shad numbers and spawning areas on the Wye in comparison to Welsh Water Authority and National Rivers Authority days. However it is evident that their numbers have continued to decline since the early 1990’s, and are now likely to be in a critical state. They are an internationally endangered species, listed under the European Habitats Directive and prioritised under the UK Biodiversity Action Plan, and are one of only five fish species (including the basking shark and sunfish) to be given legal protection under the Wildlife and Countryside Act, 1981 (as amended)
Twaite and allis shad life cycle
Fish enter the river in May, spawning in fast shallow gravel shoals in June. The very rare Allis shad spawn further upriver away from tide than their twaite cousins. Adults often die after spawning, although many also return to sea given favourable conditions. Marine life is spent mainly on coasts and estuaries. It is highly likely that many of the shad seen in the upper Wye are indeed Allis shad.
Exploitation on the Wye
Fishing for shad traditionally occurred principally in the built-up areas near Ross, Hereford and Monmouth, and was limited to small-scale recreational angling, using small spinners, or “shad spoons”. Nearly all fish were returned by the anglers, who enjoy catching them due to the good fight these strong-swimming fish put up. Unfortunately there is much anecdotal evidence to suggest that this hard fight seriously damages the fish, and many have been observed dead following return to the warm summer water. Angling for shad was often used as a substitute for river coarse fishing which was legally unavailable at the time due to the close season for breeding. There was no such close season applicable to shad as they are not classified as freshwater fish. Shad angling was also used as a “get-out” for illegally spinning for salmon or trout on private water.
Traditionally little enforcement effort had been applied to this activity, due to the fact that salmon fishery enforcement is prioritised at the time of year in question, and shad anglers do not even require a rod fishing licence due to their quarry’s unclassified status. Recently (pre May 2008) an angler contacted the Agency to announce his intention to come fishing near Monmouth and to explain that he would not have a rod licence. To May 2008 no effort has been made by the Environment Agency to limit or stop fishing for shad, and there had been no media and public awareness campaign to alert anglers to the protective law applicable under the Wildlife and Countryside Act (see section 4 below). To that date only canoeists had been made aware of their responsibilities (River Wye Canoeist’s Guide, 2008)
Legal protection
Twaite and allis shad have the highest conservation status out of all the species of fish in the River Wye. The following list of applicable law was given recently by Natural England in response to a query relating to canoeists and their possible breaches of statute concerning shad and their spawning grounds.
Wildlife and Countryside Act 1981 (as amended)
Allis shad
Sec 9(1) It is an offence to intentionally kill, injure or take.
Sec 9(4)(a) It is an offence to intentionally or recklessly damage or destroy or obstruct access to, any structure or place which a wild allis shad uses for shelter or protection.
Twaite shad
Sec 9(4)(a) It is an offence to intentionally or recklessly damage or destroy or obstruct access to, any structure or place which a wild allis shad uses for shelter or protection. (This has been held to include spawning grounds.)
If both species were a feature of the SSSI (i.e. the River Wye)then the following would apply:
Sec 28(P)(6) Wildlife and Countryside Act 1981 (as amended by Countryside and Rights of Way Act )
If without reasonable excuse intentionally or recklessly destroys or damages any of the fauna (i.e. shad) by reason of which the land (river) is of special interest or intentionally or recklessly disturbs any of those fauna (i.e. shad) and
(b) knew that what he destroyed, damaged or disturbed was within a SSSI.
There is also a lesser offence amended by the Natural Environment and Rural Communities Act 2006 (NERC), which replicates the above but, does not require proof that the person knew it was a SSSI:
Sec 28(P)(6A) Wildlife and Countryside Act 1981 (as amended by CRoW and NERC 2006)
If without reasonable excuse intentionally or recklessly destroys or damages any of the fauna (i.e. shad) by reason of which the land (river) is of special interest or
(b) Intentionally or recklessly disturbs any of those fauna (i.e. shad) (and knew that this fauna was within a SSSI)
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Poaching
An 18lbs salmon was caught on 22nd April on the Ingeston Beat just above Ross on Wye by Mr G.Lomansney. The fish, a fresh run springer was badly netmarked with significant scale loss. It was safely returned but its survival must be doubtful. There have been a number of reports of possible incidents of poaching recently (Monmouth Bridge, below Builth Wells etc) but with a dearth of EA bailiffs at the present time and apparently little or no anti poaching patrols it would appear that there is a real possibility of active poaching effort, particularly on the lower river.
Suggest you report any similar net marked fish to the Environment Agency immediately,likewise any other signs that poaching has taken place,
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Canoeists get Welsh Assembly backing
16th April 2009 David Williamson Western Mail
WELSH canoeists and other water users should have their very own right to roam, a cross-party group of AMs have declared. Canoeing enthusiasts have called on the Assembly to give them the same right to explore waterways enjoyed by their Scottish counterparts.In England and Wales there is no automatic right to access inland lakes and rivers. Canoeists in Scotland now have a legal right to paddle in most waters. Val Lloyd, the Labour chair of the Assembly’s petition committee, said: “The rivers of Wales are a natural gift that everyone should have the right to enjoy. Access should not be based on the vagaries of permissions bestowed or ability to pay, but on the fundaments of equity and social justice. “We believe there should be the right of non-motorised access to inland water in Wales as there is in Scotland.” The call to clarify the rights of canoeists comes at a time when the numbers of people taking to the water is expected to soar. More than 20,000 people go canoeing in Wales every week and the sport is growing by 9% a year. The committee condemned the existing situation as “confusing, untenable and unworkable”. It launched its investigation following a petition from Canoe Wales. Ashley Charlwood, head of strategic projects for Canoe Wales, said: “There is just an enormous lack of clarity over where the public can and cannot enjoy inland water.” But Bernard Farr, chairman of the Federation of Welsh Anglers, cautioned that if canoeists entered areas of water where trout and salmon were spawning serious damage could be done to the fish population. He was sure a compromise could be reached but called for greater regulation of canoeing, saying: “If we want to use the water we need a licence. It should be governed in the same sort of way.” Ms Lloyd said: “Different parties in Scotland have been able to leave behind cul-de-sac positions concerning who has which legal rights on their side. We therefore suggest it provides a useful basis from which a unique Welsh model may be developed.”
The committee looked at the failings of the voluntary approach under which “it may take several years to bring all sides together into one room, let alone into one agreement”. The report adds: “There is a real need to develop mutual respect and better communication between all sides of this debate.” The AMs are calling for a “full scrutiny inquiry” and acknowledge canoeists will have to bear responsibilities, stating: “Statutory access will not work, however, without enforceable codes of conduct for inland water so that environmental and other conditions can be built in and common sense can prevail.” The report notes: “The anglers on the River Teifi suggested to us that all canoeists should have an identification number and a paid licence to paddle. There is merit in that approach, but would it be enforceable?” Last year canoeists were criticised for kayaking down the 300ft slipway at Welsh Water’s Llyn Brianne reservoir in Carmarthenshire. Yesterday, a spokeswoman for Welsh Water said such reservoirs were not safe unless there were organised watersports.
“Operational reservoirs can be dangerous for various reasons and people are advised only to engage in canoeing at sites where there are organised watersports,” she said. “We urge people to comply with warning and advisory notices at our reservoirs, or they could put themselves and others at unnecessary risk.”
A spokesman for the Assembly Government said it did not have the law-making powers to create a public legal right of access and was “focusing on practical action to expand recreational opportunities on Wales’ extensive water resources”. In June last year it announced £400,000 funding for new water recreation projects. The spokesman said: “Pilot projects, which the Assembly Government funded in 2007, have already shown on the Rivers Usk and Wye how progress can be made by the different interests working together - and it’s that kind of partnership approach that we need to build on.”
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Tension between anglers and canoeists in Wales has surfaced again at the start of a new fishing season. Rachel Evans, Wales director of the Countryside Alliance, examines the issue.
As Welsh anglers look forward to the new game fishing season the dark clouds that are gathering are not just those that are filling our rivers and lakes. There are rumblings from Cardiff which threaten the quiet waters on which tens of thousands of Welsh anglers, and many from the rest of Britain and far further afield, cast a fly or trot a worm. A well organised campaign led by the Welsh Canoeing Association, supported by numerous organisations from Wales and beyond, has led to the Assemblys Petitions Committee carrying out a “short inquiry into access along inland water”. See the article in full Wye Articles on page
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Ever wondered how to choose the beat with the best chance of a fish on the Wye?......Read long time Wye gillie Geoff Franks view, see Wye Articles page!
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February 2009 monthly report now posted...see Fishing Report page
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