Regional Fisheries Advisory Committee 3rd May, 1976.

Item Type monograph

Publisher North West Water Authority

Download date 03/10/2021 02:06:07

Link to Item http://hdl.handle.net/1834/26967 N orth W est

W ater A uthority

Dawson House, Great Sankey WA5 3LW Telephone 4321

2 6 th A p r i l , 1976.

To: Members of the Regional Fisheries Advisory Committee (Messrs. J. R. S. Watson (Chairman); T. A. Blackledge; F.Burgess; J. M. Croft; E. P. Ecroyd; T. M. Farrer; J. H. Fell; E. H. Fleming Smith; A. E. H all; W. F. Hobson; R. D. Houghton; P. W. Jennings; Wm. McKenna; R. A. Parkin; G. B. Robinson; G. Wilson; and the Chairman of the Authority (P. J. Liddell); and the Vice-chairman of the Authority (J. A. Foster)(ex officio)).

D ear S i r ,

A m e e tin g o f th e REGIONAL FISHERIES ADVISORY COMMITTEE w i l l b e h e ld a t 2 ,1 5 p .m . on MONDAY, 3RD MAY, 1976, in th e BOARD ROOM a t DAWSON HOUSE, GREAT SANKEY, f o r c o n s id e r a tio n o f t h e fo llo w in g b u s in e s s .

Yours faithfully

G. W. SHAW,

Director of Administration

AGENDA

1. Apologies for absence.

2. Minutes of the last meeting.

3. Membership of Local Advisory Committees - Mr. J. A. Foster.

4. Membership of Local Fisheries Advisory Committees.

5. Regional Fisheries Organisation.

6. Review of the Water Industry in and Wales.

7. Water Order, 1966 - Fisheries Improvement work on the River Leven.

8. Mitton Fishery.

9. New Code of Fishery Byelaws. 10. Proposed Byelaws - Coniston.

11. Temporary Licences.

12. Calendar of Meetings for 1976-77.

13. Branthwaite Weir - River Marron. (Verbal Report)

14. Report on Infectious Pancreatic Necrosis. (Verbal Report)

15. A66 - Penrith - Workington Trunk Road. (Verbal Report)

16. Any Other Business.

NOTE; Lunch will be served in the Members' Dining Room at approximately 1,00 p.m. The Menu for the day is enclosed and members attending for lunch are asked to indicate their choice of main course to the officer on duty near the Members' Retiring Room, NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY/ 1976

MEMBERSHIP OF LOCAL ADVISORY COMMITTEES - MR. J . A. FOSTER

1. Mr. J. A. Foster was appointed Vice Chairman of the Authority on 15th December, 1975, following the death of Mr, T. Hourigan and as such he is automatically a member of every sub-Committee of the Authority. For this purpose the Local Fisheries Advisory Committees are deemed to be sub-committees.

2. The Vice Chairman's commitments are very extensive and he feels that it is unlikely that he will be in a position to attend any of the Local Committees other than South and in accordance with Rule 25 (3) of the Rules of the Authority he has signified that in the circumstances he prefers not to serve on the other four Local Committees,

3. This does not affect the ex officio appointment of any subse­ quent Vice Chairman to all sub-committees, this decision being purely personal to Mr. Foster, NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

MEMBERSHIP OF THE LOCAL FISHERIES ADVISORY COMMITTEES

1. At the meeting of this Committee held on 9th February, 1976, it was resolved (Minute No. 37(2)) that the Penrith Angling Association be invited to nominate a successor to the late Mr. W. Birkett to serve on the Eden and D istrict Fisheries Advisory C om m ittee.

The Association have nominated Mr. T. Cousins of 28 Maybrough Avenue, Penrith.

2. It was further resolved (Minute No. 37(3)) that the Chairman obtain a nominee to represent game fish interests on the Mersey and Weaver Fisheries Advisory Committee to succeed Mr. F. W. Sims.

The Chairman having made appropriate enquiries wishes to nominate Mr. Ray Newton of 3 Old Park Lane, M acclesfield, who is a Fishing Tackle Specialist, an angler of many years experience and Chairman of the Prince Albert Angling Society.

3. The Chairman invited the Furness and South Westmorland Fisheries Association to nominate a successor to the late Mr. C. H. Cheetham to serve on the Lune, Wyre and Furness Fisheries Advisory Committee.

The Association have nominated Mr. J. Taylor of 159 Dalton Lane, Barrow-in-Furness.

4. The Committee are asked to approve the foregoing appointments. NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

REGIONAL FISHERIES ORGANISATION

1. The Rivers Division is responsible tor operational fisheries work throughout the Region and the Regional Fisheries Officer is a member of the Division's Management Team. Area Fisheries Officers deal with matters at the local level and maintain liaison between fisheries staff and the staff of Rivers and other Divisions. Some minor re-shaping of the structure has been undertaken since reorganisation in April, 1974, in order to allow for some rational- isation of bailiffing arrangements and the inclusion of the biological services in the Scientific Department of the Division.

2. Fisheries work in the former Mersey & Weaver River Authority area has principally been carried out by the Scientific Department staff, but they have been assisted considerably in local liaison arrange­ ments since reorganisation by the Regional Fisheries Officer. The need for a permanent structure forthe area has long been recognised but any implementation has been deferred pending decisions on the question of the introduction of a licensing system for the area. With the resolution of this latter point it is clear that a fisheries structure must now be provided for the area and that it should be fully integrated with the structure for other parts of the region in order that an effective and appropriate fisheries service can be provided throughout the north-west.

3. The Manager of the Rivers Division and the Regional Fisheries Officer have produced a structure which is aimed at meeting this objective and which has been given due consideration by the Authority's Corporate Management Team. The Team considered that the arrangements provided a firm basis for a fishery service for the Region which was capable of providing for future development without the need for further fundamental reorganisation. Consul­ tation has taken place with the Staff Association and the individual members of staff concerned and they have accepted the arrangements.

4. It is anticipated that implementation will be achieved during Autumn of this year and appropriate liaison arrangements are being made in order to ensure that continuity in detail work, and that work relating to Committees, can proceed without hindrance.

5. The strucutre provides for the Region to be divided into two areas, North and South, with an Area Fisheries Officer (North) based at Carlisle, and a sub-office at Beathwaite, Levens. An Area Fisheries Officer (South) will be located at Great Sankey, Warrington, with a sub-office at Preston. There is to be an appropriate augmentation of the technical staff and the staff at ,Principal Fisheries Assistant level.

6. The Manager of the Division and the Regional Fisheries Officer will amplify the details verbally at the meeting. NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

REVIEW OF THE WATER INDUSTRY IN ENGLAND AND WALES

1. The Department of the Environment along with the Welsh Office and the Ministry of Agriculture, Fisheries and Food have published a Consultative Document initiating the review of the water industry in England and Wales which was promised by the Secretary of State for the Environment in June, 1974.

2. Comments on the proposals in the Document were invited by the Department of the Environment and a seminar was held on 5th A pril, 1976, to obtain the reaction of Members of the Authority.

3. A special meeting of the Policy and Resources Committee and/or the Authority w ill be held next month to formulate the Authority's response to the Consultative Document which w ill then be forwarded to the National Water Council for consideration at their meeting to be held on 26th May, 1976.

4. The Chairman will report verbally to the meeting on this matter. NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

MANCHESTER WATER ORDER 1966 - FISHERIES IMPROVEMENT WORK ON THE RIVER LEVEN

1. At the last meeting of the Committee held on 9th February, 1976, it was recommended (Minute No. 40(2)) that of the proposed works fisted in Minute No. 27 (1974-^75) only (ii) and (vi) be proceeded with at the present time, .namely:-

"(ii) Repair and improve the fish pass at Ainsworth's Weir in order to facilitate the passage of ascending fish;

(vi) Replace electric screen on the tail race of Mr. W hile's hydro-electric system with a new s c r e e n ; "

It was further recommended (Minute No. 40(3)):-

"That the Leven Angling Association be asked to put forward in writing detailed proposals covering cessation of abstraction by Mr. While during the . months of July, August and September. These pro­ posals should include a formula for determining the amount of financial compensation payable to Mr. While in respect of power generation lost as a result of cessation of his abstraction under the terms of his licence."

2. Following correspondence with the Association, Mr. While acting in his capacity as Secretary of the Association, made the following proposals:-

"That there is a gentleman's agreement between myself and your Committee that we w ill close the plant down for the three months in question when the water-flow is below the figure* already referred to. We w ill operate the turbines whenever it is practically pos­ sible above this water-flow. It is recognised by your Authority that this w ill incur a loss to Lowwood Products Company Limited and they w ill compensate the Company for that loss. In say October you arrange for one or more of your representatives to meet me, bringing with them the river-flow charts for the months in question. Together we w ill formulate what we con­ sider is a fair and proper claim on the Water Authority, to be paid out of the compensation money received from Manchester. Our calculations w ill be based on what energy could have been produced had we not been operat­ ing this arrangement, less the amount actually produced, which of course would be when river-flows were large. By reference to the NORWEB Accounts a cash value can be assessed. This claim w ill go to your Committee, if they agree it, it will be paid or if they are not happy about anything, we can have further discussions. In any case they w ill be under no legal obligation of any sort. This arrangement would of course; only operate for this year but it would give us both an opportunity of see­ ing what actually happens in practice."

* * 200 mgd over Eels Dam.

The following day Mr, While amplified his proposal as follows:-

"Since writing to you yesterday it has occurred to me that being a public Authority you may be anxious that the suggestions which I put before you are rather Open eneded. If it would assist you, and perhaps create a little confidence, I would be prepared to give an undertaking that any claim put in would not . exceed a maximum of £2,500. This figure is not related to anything in particular and I would expect the claim to be less, but, it might help you to know that it cannot be more."

3, The proposals submitted by Mr, While do not, in the opinion of t}ie officers, guarantee that the Authority would be paying com- pensation only in respect of unavoidable losses sustained by Mrf Wh^.le due to his ceasing to abstract during July, August and September in accordance with the Authority's terms.

T}ie returns of abstractions by M r t While for the past six years have shown that he has not taken his full licence entitlement and an analysis has shown ttyat the full licence entitlement can be abstracted in the nine months October-June in all but the driest years.

4. The Committee will no doubt wish to consider the situation which has now arisen, haying regard to the proposals for cessation of abstraction and payment of compensation together with the original approved recommendation that the works in the river as listed in Miniate No. 27 (i) to (vi) (1974-75) proceed as soon as practicable.

The options available to the Committee now therefore appear to b e :-

(a) to negotiate further with Mr. While to attempt to obtain an acceptable formula, or

(b) to reconsider the advisability of pursuing further negotiations 4-n view of the apparent minimal benefit to fisheries of the cessation of abstraction in July, August and September, as reported in paragraph 4 of Item No. 7 of the papers for the meeting of this Committee, held on 9th February, 1976.

If it is decided not to pursue further negotiations, then it is recommended t,hat th

NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

MITTON FISHERY

1. Doubts have arisen concerning the Authority's Title to the above fishery which was purchased by the former Lancashire River Authority frpm one Arthur Hillman Birtw istle on 28th April, 1970, at the price of £18,000.

2. By the Conveyance, Mr. Birtwistle purported to grant to the former Lancashire River Authority one half of the beds of parts of the rivers Ribble and Calder shown hatched on the plan annexed hereto together with the right of fishing in such parts of the river and all rights incidental to the ownership of such parts of the rivers and the bed soil and water thereof.

3. Although the Authority enjoys rights over the banks of the river for the purpose of exercising its fishing rights, it does not own any part of the banks themselves.

4. It now transpires that for many years past the Trustees of Stonyhurst College have claimed the ownership of the whole of the bed of the rivers Hodder and Ribble insofar as the same are co-extensive with the former Manor of Aighton.

5. That part of the Ribble bed allegedly conveyed by Birtwistle but claimed by the Trustees is shown on the annexed plan by the letters A-B. »

6. The Trustees' claim to the bed of the river arises from the presumption that the owner of a several fishery owns the soil of the river bed.

7. The several fishery of the former Manor of Aighton was pur­ chased by the Trustees from the personal representatives of one Thomas Weld in 1841 and there appears to be ample evidence that the Aighton Fishery did extend to the whole width of the fivers Ribble and Hodder co-extensive with that Manor.

8. Accordingly, it is considered that by reason of the presump­ tion of bed soil ownership, the Trustees can show good documentary Title to the river beds since 1841 and, as a matter of interest, the Weld Title can be traced back to 1103.

9. In view of this ancient and venerable Title, nothing in the Authority's T itle, dating from 1926 only, is capable of rebutting the presumption that the Trustees own the soil of the whole of the river beds.

10. Notwithstanding the Trustees' fishery ownership, it seems quite plain that riparian owners have exercised the fishing rights concurrently with the Trustees for many years past and the Trustees have accepted that riparian owners have now acquired the right to fish by prescription. It is also accepted that the Authority have acquired B irtw istle's prescriptive right notwithstanding that the - 2 -

Authority is not a riparian owner owning no part of the river banks themselves.

11. It would appear that the claims of the Trustees have been widely known in the area for many years but were not known by or made known to the former Lancashire River Authority on the occasion of their purchase.

12. The Trustees rights have from time to time been, the subject of unresolved disputes and matters might have continued on this basis indefinitely had it not been for the action taken by the Trustees as a result of the Commons Registration Act, 1969.

13. On 2nd January, 1971, the Trustees applied for Registration o f t h e i r r i g h t s a s Commons o f F is h e r y u n d e r th e A c t. As th e rights which they claim in the Rivers Hodder and Ribble within Aighton are several fisheries which form the subject of a grant, the application appears to be bad in law and this seems to be acknowledged by the Trustees. However, the effect of the application was to cause the. formation of a Riparian Owners Committee to investi­ gate the Stonyhurst claims. The Chairman of this Committee is Mr. D. J. Yorke, MA, FRICS, of Messrs. Ingham & Yorke, Chartered Surveyors of Clitheroe and Mr. H. Holmes, the Clerk of the former Lancashire River Authority, was a member until April, 1974. As a result of the formation of the Committee, the Trustees, apparently for the first time, agreed to deduce their Title to the fishery with the result that their superior claims became known.

14. Meetings have taken place between the Riparian Owners Committee and the Trustees as a result of which a compromise solution has been proposed. If adopted, this solution would result in the Trustees being able to issue permits authorising residents of the College to fish in the stretch from Hodder Foot' (point A on the plan) to Riddens Brook which lies downstream of Ribchester. The Trustees are not to make any charge for the issue of these permits which are to be restricted to college boys, permanent staff resident at the College and permanent tenants of the college estate. The number of permits which the Trustees are to issue is limited to four game and nineteen coarse, of which two game and ten coarse are to be valid for even dates and the balance for odd dates.

15. It is understood that all other riparian owners apart from the Authority have agreed to adopt the compromise proposed by the Trustees and the Riparian Owners Committee and it is recommended that the Authority should do likewise so as to regularise the fishing rights in these waters.

16. If the proposed compromise is adopted, the Authority will have suffered loss in that it will not enjoy the exclusive right of fishing which Birtw istie purported to convey. By provisions implied in the Conveyance, Birtw istle covenanted that he had good right to convey the rights therein described and the Authority may have a right of action against him if it can establish that it has suffered financial loss by reason of a breach of this Covenant.

17. It is therefore recommended:- • . :

(i) That the proposed compromise with the Trustees be adopted. . .:, (ii) That a claim be made against Mr. A. H. Birtwistle for any diminution in the value of the Authority's fishing rights resulting from such compromise.

NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

NEW CODE OF FISHERY BYELAWS

1. The proposed new code of fishery byelaws was advertised in accordance with the statutory requirements in the week ending 28th February, 1976. The Ministry of Agriculture, Fisheries and Food have received two objections to the proposals; both from Haaf netsmen on the Eden estuary.

2. The Ministry have suggested that the Authority might wish to liaise with the objectors in an attempt to obtain the withdrawl of the objections, thereby avoiding a Public Inquiry.

3. The objections relate to:

(1) The lim itation on the dimensions of the frame and end sticks of the nets.

(2) The extension of the Annual Close Season.

With regard to (1) above the Fisheries Officers have no objec­ tion to the dimensions as stated in the proposals being amended to enable the netsmen to continue to use the existing nets. The Committee are requested to recommend the Water Management Committee to approve the formal amendment. t 4. It is proposed that the Chairman and Mr. Wm. McKenna with appropriate officers meet representatives of the netsmen to attempt to reach a satisfactory solution on the question of the Annual Close Season. The Committee are requested to agree to this proposal and to authorise the submission of any recommendation for variation of the close season byelaw, direct to the Water Management Committee. NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RP MAY, 1976

PROPOSED BYELAWS, CONISTON

The Lake D istrict Planning Board are proposing to introduce byelaws for the purpose of lim iting the speed of vessels on certain lakes including Coniston to 10 m.p.h. It is understood that the byelaws have been submitted to the Home Secretary and a Public inquiry is to be held into the matter during August.

The Fumess and South Westmorland Fisheries Association are strongly in favour of this speed lim it and have asked that their views be brought to the attention of this Committee in view of the cancellation of the Lune, Wyre and Furness Advisory Committee which was scheduled for 7th April, 1976. NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

. TEMPORARY LICENCES

At the meeting of this Committee held on 24th February, 1975, the following recommendation was incorporated with the proposals for the new scale and structure of licence duties:-

"That the principle of issuing Temporary Licences as defined in Schedule 1 of the Salmon and Freshwater Fisheries Act, 1972, particularly in respect of freshwater fishing matches, be adopted."

This recommendation was subsequently approved by the Policy and Resources Committee on 9th June, 1975, and by the Authority on 23rd June, 1975.

The Regional Fisheries Advisory Committee, in formulating its original recommendation however made no reference to an appropriate procedure for issuing such licences, nor to the charge to be made for them. As enquiries are now being received about the possibility of obtaining temporary licences for groups of anglers who would not normally hold seasonal licences valid for the North West Region it is desirable to deal with these aspects.

It is recommended that the administration of the issue of temporary licences be managed by the Rivers Division Manager in accordance with the Scheme of Delegation. NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

CALENDAR OF MEETINGS FOR 1976-77

At a meeting held on 8th March, 1976, the Policy and Resources Committee approved a draft calendar of meetings for the Authority, Committees and Sub-Committees for the "Authority Year" from June, 1976, to June, 1977, for submission to the Authority for considera­ tion in accordance with Rule 1(3) of the Rules of the Authority at the Annual Meeting to be held on 21st June, 1976.

The dates included in the prpposed calendar for meetings of the Regional and Local Fisheries Advisory Committees are submitted as an appendix hereto for the information of members. Any variations made at the Annual Meeting w ill be notified. APPENDIX

REGIONAL AND LOCAL FISHERIES ADVISORY COMMITTEES

CALENDAR OP MEETINGS 1976-77

ADVISORY COMMITTEE TIME AND DATE OF MEETING Mersey and Weaver. 2 30 p.m . Wednesday 23rd J u n e , 1976 South and West Cumberland 2 30 p.m. Monday 28 th J u n e , 1976 Eden and D istrict 2 30 p.m . T uesday 2 9 th J u n e , 1976 South Lancashire 2 30 p.m . W ednesday 30th June, 1976 Lune, Wyre and Furness 2 30 p.m . Monday 5 th J u l y , 1976

REGIONAL 2 15 p.m . Monday 1 9 th J u l y , 1976

South and West Cumberland 2 30 p.m . Monday 1 8 th October, 1976 Eden and D istrict 2 30 p.m . T uesday 1 9 th October, 1976 South Lancashire 2 30 p.m . W ednesday 2 0 th October, 1976 Lune, Wyre and Furness 2 30 p.m . Monday 25 th October, 1976 Mersey and Weaver 2 30 p.m . W ednesday 2 7 th October, 1976

REGIONAL 2 15 p.m. Monday 15th November, 1976

South and West Cumberland 2 30 p.m . Monday 1 0 th January, 1977 Eden and D istrict 2 30 p.m . T uesday 1 1 th January, 1977 South Lancashire 2 30 p .m . W ednesday 1 2 th January, 1977 Lune, Wyre and Furness 2 30 p.m . Monday 1 7 th January, 1977 Mersey and Weaver 2 30 p.m . W ednesday 19 th January, 1977

REGIONAL 2 15 p .m . Monday 7 th February, 1977

South and West Cumberland 2 30 p.m. Monday 28 th M arch, 1977 Eden and D istrict 2 30 p.m . T uesday 2 9 th March, 1977 South Lancashire 2 30 p .m . W ednesday 30th March, 1977 Lune, Wyre and Furness 2 30 p.m . Monday 4 th April, 1977 Mersey and Weaver 2 30 p.m . W ednesday 6 th April, 1977

REGIONAL 2 .1 5 p.m . Monday 25th April, 1977 NORTH WEST WATER AUTHORITY

REGIONAL FISHERIES ADVISORY COMMITTEE

3RD MAY, 1976

BRANTHWAITE WEIR - RIVER MARRON

The Regional Fisheries Officer will report verbally to the meeting on this matter.

I.P.N. (INFECTIOUS PANCREATIC NECROSIS)

The Regional Fisheries Officer will report verbally to the meeting on the current situation.

A66 PENRITH - WORKINGTON TRUNK ROAD

Progress on the construction work of the above road will be reported verbally to the meeting.