Annual Report 2019

Forth District Salmon Fishery Board The Clubhouse 106 Biggar Road Edinburgh EH10 7DU Website: http://www.fishforth.co.uk/fdsfb Facebook - https://www.facebook.com/ForthDistrictSalmonFisheryBoard/ Twitter - @ForthDSFB

Forth District Salmon Fishery Board

Members 2019 (To May 2019)

John McKenzie (Mandated: Allan Water Angling & Improvement Association) (Chair) Tony Cameron (Leny) Fiona Simpson (Mandated: Crown Estate Scotland) Aly Dickson (Lanrick) Peter Yates (Mandated: Cambusmore) Scott Mason (Mandated: Stirling Council) Robert Baird (Anglers’ Rep) Craig Somerville (Anglers Rep) Chris Thomas (Anglers’ Rep) Jason Walls (Anglers Rep)

Members 2019 (From May 2019) Elections were held on 21st May 2019 John McKenzie (Mandated: Allan Water Angling & Tony Cameron (Leny) Improvement Association) (Chair) Jamie Muir (Blair Drummond) Peter Yates (Mandated: Cambusmore) Aly Dickson (Lanrick) David Crighton (Mandated: Stirling Council) Fiona Simpson (Mandated: Crown Estate Scotland) Craig Somerville (Anglers’ Rep) (From May 2019) Alan Graham (Anglers’ Rep) (from May 2019) Chris Thomas (Anglers’ Rep) (from November 2019)

Clerk to the Board: Alison Baker Finance: William Anderson, Managed Estates, Superintendent: Lee Fisher 1 Sprinkerse Road, Stirling, FK7 7SN Operations Manager: Jonathan Louis Accountants: Douglas Home & Co 47-49 The Square, Kelso Roxburghshire, TD5 7HW

Legal: Fish Legal Eastwood House, 6 Rainbow Street, Leominster, HR6 8DQ

Forth District Salmon Fishery Board is a member of Fisheries Management Scotland

Table of Contents Members 2019 (To May 2019) ...... 2 Members 2019 (From May 2019) ...... 2 Chairman's Foreword ...... 4 Introduction ...... 5 Statutory remit ...... 5 Collection of data ...... 6 Adult Stock Monitoring ...... 6 Catch Returns ...... 6 Counters ...... 7 Juvenile fish stock assessments ...... 10 Genetics ...... 11 Redd Counting ...... 12 Habitat assessments ...... 12 Protecting fish stocks and the aquatic environment ...... 14 Enforcement ...... 14

Volunteer Bailiff Network And Changes Proposed ...... 14 Working With Police Scotland And The Crown Office And Procurator Fiscal Service (COPFS) ...... 14 Instruments Etc Removed and Any Reported Cases...... 15 Targeted Operations ...... 15 Surveillance and Information Gathering ...... 15 Weirs and How They Promote Wildlife Crime ...... 16 Pollution/Environmental Issues ...... 16 Fish Passes ...... 17 Conservation Policies ...... 19 Predation ...... 22 Consultations ...... 22 Enhancing The Forth Fishery ...... 24 Work Undertaken by The Forth Rivers Trust ...... 24 Catchmentwide Projects ...... 24 Education ...... 26 Consultancy Activity ...... 27 Fisheries Promotion ...... 28 Fishing Around The Forth ...... 28 Partnerships ...... 30 Crown Estate Scotland ...... 30 Water Bailiffs and Working In Partnership ...... 30 Governance ...... 32 Meetings ...... 32 Complaints ...... 33 Declaration of Interests ...... 33 Equal Opportunities and Disclosure ...... 33 Reporting to Scottish Government ...... 33 Financial statements ...... 34 Annual Accounts ...... 35 Looking Forward ...... 37

Chairman's Foreword On February the first this year I was very privileged to take part in the opening festivities of the salmon fishing season on the banks of the Teith on Lanrick estate. It was a proud moment for me to bless the river using a quaich commissioned by the board in memory of my father Tom Mckenzie who devoted a large portion of his life to the pursuit of improving river habitats and the rights of fishermen throughout the Forth district.

Many of the same issues he faced along the way are still present, barriers to fish migration, poaching and unthinking landowners to name but a few, however I am pleased to say that things are slowly improving. Alison Baker and her team have been relentless in their pursuit of barrier management to ensure safe passage for fish and improving relationships with the relevant statutory bodies has begun to bear fruit although there is a long way to go till it can be said that things are truly improved.

Our board has been working hard during the year to ensure that all issues affecting Forth district fisherman are being addressed. Again, this is long process where results often take time to come to fruition. Predation, rising costs for proprietors and changes in legislation have all been considered as high priority and ongoing analysis continues. There are some exciting things happening next year to help proprietors throughout the district to promote their fishing. This will start to be rolled out around February.

Teamwork has been one of the things that has really impressed me this year. Incidents of fish pass blockage on more than one occasion has seen the Superintendent out on the front line evaluating the situations and proposing the appropriate course of action. This has been heavily supported not only by Alison, who tirelessly speaks to landowners and negotiates solutions, but the fishery trust members who, as always, have been willing to help with scientific assessments and when necessary helping with the implementation of any agree solutions. Their prompt actions have no doubt helped to ensure our migratory brood stock has successfully navigated obstacles to their spawning grounds.

In the fight against poaching the Superintendent has been establishing good links with local police forces and in fact has been rolling out training to several forces specifically for the prevention of poaching. This has been well received. With ongoing surveillance and investigations Lee continues to help give fish a fighting chance.

Although I have seen no total figures as I write this, I am aware that some rivers have had a much better year than last. It will be interesting to see how fishing effort, now recorded as part of Marine Scotland returns, influences numbers of fish caught. Despite larger numbers of fish being caught I am pleased to say that return rates are still improving, and it is quite clear that anglers are now actively taking responsibility for fish stocks. With this forward-thinking attitude, I have high hopes for the coming years. The board is continuing to produce a Code of Practice which I understand most if not all the fisheries proprietors use as their benchmark for good fishing practice.

I would like to thank the Board members for all their efforts this year with special thanks to Alison, Jonathan and Lee for keeping the wheels turning. Lastly, I would like to thank all the proprietors for their ongoing support, helping the Board to deliver sustainable change for the improvement of the rivers, habitats and fishing practices to ensure our returning stocks for years to come.

John McKenzie, Chairman February 2020

Introduction Statutory Remit

The Forth District Salmon Fishery Board was established under the 1862 and 1868 Salmon Fisheries Legislation, then subsequently amended in the Salmon Act 1986 and the Salmon Conservation (Scotland) Act 2001. This legislation was amalgamated under the Salmon and Freshwater Fisheries (Consolidation)(Scotland) Act2003 and further amended under the Aquaculture and Fisheries (Scotland) Acts 2007 and 2013 .

The Board is empowered under Part 3 of the 2003 Act and these powers are to protect and enhance the Forth Fishery for the benefit of the fisheries within it. This is interpreted as being both from an operational perspective and the populations of the salmon kind (both Atlantic salmon and sea trout (all life stages)) and the environment on which they require.

The Board is responsible for the whole District and this includes more than 3,600 km2 of water including all rivers which discharge into the Forth Estuary and the Firth of Forth as well as the estuary and firth themselves. The main rivers are Tyne, Midlothian Esks, Water of Leith, Almond, Avon, Carron, Forth, Teith, Allan, Devon and Leven. It also includes all coastal burns which are of varying sizes, the main ones being Bannockburn, Biel, Black Devon but there are a large number.

The water courses also include the lochs within the systems, some of these are natural such as Loch Voil, Loch Lubnaig and Loch Leven, others are headwater reservoirs e.g. Glencorse, Venachar and Katrine. The lochs have varying degrees of influence and many have adapted connections e.g. impoundments or screens. Due to barriers etc there are large parts of the District inaccessible to returning migratory salmonids, but are the breeding grounds for sea trout.

The limits of the District of the River Forth shall be – on the North, Fife Ness; on the South, the Boundary between the Counties of Haddington and of Berwick; and that the District shall consist of the Portions of the Sea Coast and the Estuary, and the River contained between the said Points. (1868 Salmon Act). And shall extend seaward for 5 kilometres from mean low water spring and landward to include the catchment area of each river which flows directly or indirectly into the sea within the coastal limits of the salmon fishery district (2003 Salmon Act).

The estuary is split into two parts by the 1868 Act which is still the relevant legislation. The Estuarine limits of the River Forth extend to ‘A straight line drawn from the Hound Point on the South Shore to St. David’s Point on the North’. Roughly just below the Forth Rail Bridge. The significance of this is in the current Conservation Limits Regulations which have prohibited netting of salmon from coastal nets but not estuarine.

There is also a formal definition of the Lower and Upper Proprietors. But clearly in 1868 there were only two rivers of significance - on the Forth, the Craigforth Cruive Dyke; and on the Allan, the Scottish Central Railway Bridge. For other rivers there is no legal definition so in effect all proprietors other than those with estuary or coastal netting stations are upper (as they are generally above or close to the tidal limit) and all netting stations are lower.

Collection of Data

The collection of data underpins the evidence-based decision making which is required to justify action by the Board. Where this is lacking a more precautionary approach is required. This use of evidence is important not just to ensure that the decisions made are in line with the remit to protect and enhance but also as a requirement for any other funding which is sought for to support the work of the Board. This is particularly critical to ensure that the support provided by the Forth Rivers Trust is maintained and that both organization continue to be recognized as having a high level of integrity and a reputation for undertaking action for the correct reasons.

Adult Stock Monitoring

The numbers of returning adults to the Forth’s rivers to spawn is critical to survival of the populations. This data is collected in a number of different ways. Without this data being accurate it can be misleading and actions made may not be based on evidence

Catch Returns The main method and one which has the greatest long-term data is an analysis of the number of fish caught. This process relies on anglers reporting this data to the Forth DSFB annually.

The collection of accurate data continues to be an issue due to the large number of clubs and association across the district. The diverse nature of the fisheries across the district means that most fisheries do not have huts, formal beats or indeed very active fishings. The method of issuing paper forms and inconsistent data is something the Forth DSFB raises regularly with Marine Scotland. The importance of catch statistics being accurate and complete cannot be over-emphasised if they continue to be relied on at both a national and local level for regulation and decision making. Equally if there is a trend relating to adult fish numbers which is not supported by collection of data at other life stages then this can be key to ensuring resources are targeted to one cause rather than another.

Discussions with Marine Scotland has resulted in us now realising that they are operating using different criteria for collection (eg angling clubs rather than proprietors) and also that a high number of waivers are being issued. Whilst we understand that their system has developed over time, the importance of this data for calculating the Conservation Limits means that it critical that this information is accurate.

These figures are also now used as part of the calculations used by Marine Scotland Science to assess the categorisation of each river. If these figures are not correct, then the calculations made will by extension be inaccurate. The Board acknowledges that for many fisheries in the Forth that preparing catch data is difficult. Catch data is also used as part of the valuation calculation of the individual fisheries by the Scottish Assessors. It is important that a method of reporting which is accurate and consistent. The Board continues to work with others to try and put this in place.

River by River catches For catches received by 15th February 2020, all salmon figures only.

2015 2016 2017 2018 2019 5 yr Av. Allan 255 338 173 63 282 222.2 Almond 19 12 0 0 2 6.6 Avon 1 0 5 6 0 2.4 Carron 60 42 46 16 47 42.2 Devon 0 1 4 5 25 7

Esks 0 0 0 1 0 0.2 Forth 313 205 164 160 181 204.6 Leven 14 29 14 16 11 16.8 Teith 484 550 517 197 186 386.8 Tyne 0 0 0 0 0 0 Total 1146 1177 923 464 734 888.8

River comparison 2015-2020 1400 1200

1000

800 600

400

200

0 Allan Almond Avon Carron Devon Esks Forth Leven Teith Tyne Total

2015 2016 2017 2018 2019 5 yr Av.

Despite this there some positives to take from an analysis of the reported figures. The Forth at Stirling reported the same number for fish caught as last two years. Some rivers have had extraordinarily higher number of catches (such as the Devon and Allan), whilst others including the Teith have reported less fish.

Counters This work was undertaken by the Forth Rivers Trust for the Forth DSFB.

The Scottish Fish Counter Network is a new national initiative currently under development. It is led by Marine Scotland Science with input from Scottish Government and the Trust and Board network. Formal roles have been assigned to two staff members at MSS and they are currently writing a strategy for developing the network in the coming years. Last year, an online mapping tool was developed by the Scottish Fisheries Coordination Centre (SFCC) to gather suggested locations for fish counter installations from the Trusts and Boards and to identify local opportunities. For the Forth District, the Trust highlighted opportunities for the River Teith at Lanrick and locations on the Almond and Esk. Collation of this data across Scotland and a prioritisation exercise is under way. Special Area of

Conservation rivers have already been identified as the highest priority and so the Teith SAC stands in a good position for early attention. Several routes for delivery have been identified; government funding of installation with on-the-ground management by local Trusts or Boards, and; privately funded installations supported by logistical and technical advice and data management assistance from the Network.

Update on River Almond Counters The Trust are developing two fish counters for the River Almond at Fair a Far and Kirkton fish passes to assess the numbers of migratory fish entering the catchment. The fish counters will be of the resistivity type, which utilise an electrode array fixed in the fish pass channel to measure changes in resistivity which occur when objects (fish) move across an electrode pair. Counts of fish moving both up and downstream will be recorded by an electronic logger from where the data can be downloaded.

Edinburgh and West Lothian councils have granted confirmation in principle for the counters and the Trust is hoping to install them in 2020. They will provide valuable information on the numbers of migratory fish entering and progressing to the upper parts of the Almond system. In the long-term it is hoped that this data will demonstrate recovery of migratory species due to the barrier easement works carried out by the RiverLife project and provide a clear incentive to aid barrier removal on other rivers in the catchment. (Funded via RiverLife: Almond & Avon project. Scottish Government/National Lottery Heritage Fund)

Update on Fankerton and re-allocation to Ashfield. An opportunity has arisen to re-purpose the Vaki fish counter currently sited on Fankerton Weir on the River Carron. Over the past three seasons, it has become apparent that the dewatered falls and channel immediately downstream of Fankerton are all but impassable to migratory salmonids and it is unlikely many fish will reach the Alaskan fish pass containing the counter. A number of locations were considered (including Deanston (Lanrick) but for operational reasons other locations were not suitable. The counter requires very specific operational criteria in terms of pass size and water clarity.

In agreement with the owner the fish counter will be moved to Ashfield Weir on the Allan Water instead. The structure at Ashfield has appropriate morphology that, with a little alteration, can accommodate this type of counter. The site is part of a hydro scheme and is located mid catchment, with a large part of the spawning taking place upstream. The fish counter will be installed on an old sluice and will operate in conjunction with a Farson Digital Camera. This will allow the Trust to not only monitor how many fish are able to ascend the pass once they are inside, but also see how easily they find it. The sluice gate will be altered to accommodate the installation of the counter at the upstream end. The design will produce smooth, laminar flow at the top of the sluice so that signals from passing fish are clearly picked up by the counter. (Funded using staff time from Allan Water Improvement project and Forth DSFB)

Juvenile Fish Stock Assessments This work is undertaken for the Forth DSFB by the Forth Rivers Trust.

Juvenile populations, and hence salmonid productivity, are assessed primarily using electrofishing. During the 2019 season, Trust staff carried out surveys for five different purposes: the National Electrofishing Programme (NEPS) (30 sites), project specific monitoring (53 sites), Trust-led local management not already covered by other surveys (25 sites), commercial contracts (2 sites) and training (2 sites). Site locations for 2019 are shown in Map 1 while Map 2 shows all the locations across the District that the Trust now holds fish and habitat data for.

As a result of carrying out electrofishing surveys, locations of juveniles populations are known across the district, and together with knowledge of where habitat is too poor to support productivity. Generally speaking, where production does occur, it appears to remain reasonably stable from year to year at many locations. However, electrofishing will not tell us how many adults are involved in producing a pool of fry in any given year and hence why we are aiming to look at ‘numbers of breeders’ in the future (see genetics section).

Over the past year, our staff have delivered the introductory electrofishing course in the Forth District and overseen a review of the training protocols and procedures for the SFCC. Being so closely involved with reviewing and delivering training in SFCC protocols, as well the NEPS project, has ensured that all our staff are able to carry out electrofishing surveys to the highest standard. Following the 2020 season, we will have 8 team leaders on our staff, all individually licensed by Marine Scotland.

Genetics This work is undertaken by the Forth Rivers Trust for the Forth DSFB.

Forth Returning Adults Project The genetics project is progressing. After a few difficult seasons trying to obtain a sufficient number of adult salmon scale or tissue samples, we completed our collection in 2019. We relied very heavily on a small number of helpful people to collect these samples, as well as some very dedicated otters! The salmon did not have to be alive as carcasses can also be used to provide suitable genetics samples. We booked our samples into the laboratory at the Marine Scotland Freshwater Laboratory in Pitlochry and after sitting in a long queue, they are now being processed with the results expected in spring 2020.

Adult salmon will be compared with juvenile baselines previously obtained from the River Teith and the Allan Water and we can get an idea of how many of those salmon have strayed from neighbouring rivers. It is hoped that the degree of straying will offer insights into genetic mixing/integrity, the movements of different stocks and the resilience of salmon populations. For example, has straying contributed to the survival of salmon in all ten of our major river systems, in the face of severe and relentless negative impacts from human activities? A follow-on genetics project will aim to look at the number of spawning adults involved in producing the next generation of fry.

Redd Counting This work is undertaken by the Forth Rivers Trust for the Forth DSFB.

The Trust have been carrying out redd surveys on the Rivers Teith and Devon and the Allan Water since the winter of 2016/17. This activity is time consuming and so several training courses have been run to allow volunteers to learn how to identify and interpret redds so they can help with the work.

This winter a course funded by Callander Landscape Partnership trained 12 volunteers and four staff members to carry out the surveys. Mapped data from volunteers is currently being collected, although several areas have been hampered by elevated flows and poor weather conditions obscuring the riverbeds. It is our aim to continue to set up a firm procedure for carrying out the surveys so that we can produce robust and comparable data between years and track spawning activity in some of our most important productive areas.

Habitat Assessments This work is undertaken by the Forth Rivers Trust for the Forth DSFB.

Habitat walkover surveys are a useful method to collect morphological information on habitat quality and loss in river systems. They can also be useful in monitoring change as a result of a development or impact. The type of information collected includes the amount of habitat available for spawning, the extent of pool or riffle in the channel, areas of eroded bank or locations and impact of barriers to fish

migration and sediment movement. Three river systems in the Forth District have been surveyed extensively and had their morphology mapped by the Trust. These are the Rivers Teith, Esk and Almond.

In 2019, the Trust has hosted an international student, Michiel Voermans from the Netherlands, to collect and analyse morphological data from the Teith and Esk in a GIS. His project, entitled ‘Spatial analysis of the effects of barriers on river habitat quality’, was able to show that negative effects of barriers on habitat quality and biodiversity could be picked up and identified using habitat survey data mapped in a GIS. He compared the Esk, which is highly impacted by barriers, with the much more free flowing Teith. The results confirmed that two indicators of good biodiversity - sediments (e.g. spawning gravels) and Large Woody Debris (e.g. fallen trees in the river) were restricted near these barriers and trapped behind the structures instead of being distributed downstream.

The Trust aims to continue with habitat walkover surveys to produce an extensive geodatabase of our rivers. Baseline monitoring of the River Almond was carried out as part of the RiverLife project, with follow-up walkovers due this year to assess and document changes resulting from all the barrier easements taking place. A useful output from this exercise will be to identify which fish passage options have the most beneficial impact on the river channel.

Protecting Fish Stocks and The Aquatic Environment Enforcement

The Forth DSFB can appoint water bailiffs under section 45 (3) (b) of the Salmon 2003 Act. All bailiffs have completed the Institute of Fisheries Management exam and gained a qualification in bailiffing and keepering which is a requirement of the best practice code in place. Fisheries Management Scotland then provide a card (warrant) on request of the DSFB. The Forth DSFB currently has 14 warranted water bailiffs of which one is employed all others are volunteers. Some are more actively engaged than others depending on their time commitments. A new process of appointment with more formal scrutiny by the Board has started and will be formalized in 2020.

The management of the volunteer bailiffs is an important and time-consuming part of the work of both the Superintendent and the Operations Manager. The DSFB has a duty of care to these volunteers which is at the same level as if they were directly employed and therefore review of the management of this is undertaken annually and the DSFB is working to a more structured framework.

Volunteer Bailiff Network And Changes Proposed A new online training system to help existing bailiff with CPD and encourage an educational gateway for new volunteers who wish to help police the districts rivers. This will see a three-tiered system for bailiffing around the Forth.

• Tier 1 for general volunteers not wishing to be a warranted bailiff but would have generic training to give them an understanding of fishery wildlife crime. • Tier 2 is for volunteers wishing to become warranted bailiffs, and: • Tier 3 is reserved for staff members.

This will follow a review into how volunteer bailiffs are given powers under the act, potentially allowing for the Board to restrict powers afforded to volunteers rather than having access to the full suite of powers under the act. This work is being undertaken in conjunction with wider national discussions by Fisheries Management Scotland (FMS).

The new changes will also include online training modules to be taken over a 6 month period. Discussions and developing the idea of an online course has taken place over 2019. This will continue to be developed during 2020 with a launch of the online training course and trial with potential volunteers.

Working with Police Scotland And The Crown Office And Procurator Fiscal Service (COPFS) Over the last 12 months, the Superintendent and Operations Manager have been in extensive discussions (supported by Fisheries Management Scotland (FMS) and other DSFBs and the River Tweed Commission) to develop better understanding between the organisations working together to combat wildlife crime of which poaching salmon and sea trout is part. This has included training for Procurator Fiscals and having a more robust reporting and information gathering system in place. This has been in response to a number of cases which has not been taken forward due to problems of evidence gathering and witness statements. The Forth now has three wildlife crime officers to work with covering Fife, Scottish Borders and Lothians, and Forth Valley.

Working in conjunction with P.C Steven Irvine (J division – Borders and the Lothians), a system has been set up to identify the bailiffs phone numbers when calling 101, this ensures that the call centre instantly

recognizes the bailiff allowing a speedier response. Sections of the district have been mapped highlighting poaching hotspots and an intranet site has been created on the police computer systems allowing for officers to access it for a speedier response to those recognized areas.

This work resulted in December with a very positive enforcement annual meeting of the bailiffs attended by Police Scotland, COPFS and other enforcement agencies.

It should be borne in mind that the DSFB cannot take a case directly to COPFS and all cases need the support of Police Scotland to be taken forward. The Superintendent and Operations Manager are now working to ensure all volunteer bailiffs, fishery managers, clubs and association are aware of this and that they support the DSFB through an agreed process.

In East Lothian to support the major issues on the River Tyne, the Operations Manager has been attending the East Lothian Rural Crime Committee to work with other local organizations and ensure that information is being collected and distributed effectively.

Instruments Etc Removed and Any Reported Cases. During the year the Superintendent and the bailiff teams have continued to prioritise the removal of illegal instruments so as to ensure that the fragile populations of fish are protected. They have removed a number of nets from both the Estuary together with mono-nets and traps/cages from the River Tyne. Various other suspicious instruments have been removed from the Almond and Leven by volunteer bailiffs working for the Trust.

One reported case is pending from an incident on the River Almond.

Targeted Operations Targeted operations take place across the district in conjunction with Police Scotland responding to areas where there is deemed to be high level of illegal activity. These are assessed by the number of calls into either the DSFB bailiffs or to 101. It is important therefore that incidents are reported by the public, anglers, managers and club and association members.

These operations are either high profile or more covert depending on the information and the location.

Surveillance and Information Gathering

The Superintendent and Operations Manager both sat their drone training to ensure that the equipment which is extremely useful for bailiffing and monitoring fish is used properly. The training ensures the equipment is used within the law and also safely. The drone is used for a number of activities including scouting out sites for operations, monitoring fish in pools and identifying where they are within a river system along with counting redds.

On the ground surveillance also continues and we are reliance of the cooperation of riparian owners and surrounding landowners. We wish to thank all who help making the superintendent’s, volunteers and boards job easier.

Weirs and How They Promote Wildlife Crime Case study: Knowes Weir - River Tyne The Clerk has been in intensive dialogue with SEPA to resolve to ongoing slow progress with the works required to Knowes Weir on the Tyne. SEPA has agreed to undertake this work and started in 2016 and progress has been very slow. The Clerk has been requesting that whilst the slow negotiations continue to find a permanent solution that short-term mitigation measures are put in place. This process has been supported by the Superintendent providing evidence-based statements to support this.

Pollution/Environmental Issues In addition to enforcement of fishing offences, the water bailiffs have also been involved with a range of other activities (often in conjunction with Trust staff) including:

Pollution events will have significant negative impacts on salmon and sea trout. The regulation of pollutants which may enter our water courses falls within the remit of the Scottish Environment Protection Agency (SEPA). It is clear that in addition to the major incidents which have immediate impact on fish populations (fish kill events) that the rivers of the Forth are under continuing pressure from smaller but ongoing issues. The Forth DSFB has been raising the issues of these constantly through the year with SEPA directly but also encouraging them to be reported in and supporting individuals and community groups if they do not get a satisfactory response or they are reoccurring issues not being addressed.

The bailiffs have responded to the following types of pollution in 2019: • Sewage (and sewage litter) from waste water treatments works and Combined Sewage Overflows (CSOs) • Septic tanks and other discharges via surface water drainage systems (including cross connections) • Edinburgh Airport (being dealt with by Forth Rivers Trust)

• Rural diffuse pollution – sediment (clogging spawning gravels) and pesticide/herbicides (impact on invertebrates)

Fish Passes The regulator of fish passes is SEPA, they license weirs and barrier and require that they don’t have a negative impact on fish passage (Controlled Activities Regulation). They should ensure that fish passes are kept clear and that they function properly. They do not actively require owners to report on this and it is only if it is called into the incident line that they will act. It is often assumed that the ForthDSFB has a duty to clear passes, but it is the owners who is responsible. However, there are clearly aspects of CAR licensing which are difficult to enforce, require a third party to prove a negative and do not require operators to notify the Forth DSFB if passes need to be closed. Further discussions are ongoing with SEPA with an aim of getting changes to the current conditions to help operators to understand their requirements and ensure communication with the Forth DSFB are clear.

The Forth DSFB via the bailiffs and the staff at the Trust have good relationships with many owners of weirs and passes and they will notify the owner and ask them to clear the pass and in general owners are very responsive to this. Occasionally more serious issues arise and the DSFB and Trust have to act, including:

Inveresk Weir, Midlothian Esks One of the sluice gates was washed away and East Lothian Council were asked to repair it. The loss of the sluice meant that insufficient water was going down the fish pass. Due to the seriousness of the incident it was reported to SEPA as well as the DSFB contacting the owner East

Lothian Council. The Council contracted the Forth Rivers Trust to reinstate the gate. The Superintendents input was critical, and his time was reimbursed by the Trust.

Deanston (Lanrick), Teith The pass on the weir at Deanston has required maintenance for a number of years and the DSFB has been urging the owner to undertake these. When they were not undertaken in 2018 which had ideal conditions due to low water, the DSFB asked SEPA to intervene. However, with no notification the operator shut the pass in August preventing the majority of fish movements over the weir. Considerable resource was required to ensure that this closure was of the shortest time possible (and for the fish the high water enabled some movement over the weir). However, the incident highlighted a number of problems with SEPA CAR Licenses (see above).

Further work is ongoing by the operator to replace the smolt chute in 2020.

The incident resulted in a senior representative attending the ForthDSFB meeting in November to discuss why this had occurred and what was being done to prevent this in the future. The Superintendent’s time in undertaking a watching brief during the closure was reimbursed by the operator.

A number of impoundments have fish passes which are considered suboptimal and impacting on fish populations. As SEPA has stated they are satisfied with the current arrangements the Forth Rivers Trust are in discussion with the operators direct to see if improvements can be made in respect of the installations, including in 2019;

Cambus, Devon Despite being upgraded by Diageo recently and a new CAR licence issued the fish pass is ineffectual. Fish passage is reliant on river flow conditions and levels of the tide to a degree which prevent fish passing over the weir the majority of the time. The Trust has been in discussion with Diageo to ask whether the weir can be removed. It is currently used to hold water for firefighting purposes. Diageo have stated they need to keep the water impoundment but are interested in discussing how the situation can be improved. Initial work by Trust has been undertaken and this will be pursued to see what options are available.

Ashfield, Allan Water SEPA agreed to undertake a review of Ashfield Weir after a significant fish kill in 2017, however this has still not taken place. The Forth Rivers Trust as part of the Allan Water Improvement project has initiated discussions direct with the owner of the weir and pass. It has been agreed that the Forth Rivers Trust will relocate the counter currently on Fankerton (see above) together with finding funding for a Farson digital camera to undertake some more robust data collection on how the pass is being used to inform decision making, both for the pass efficiency but also on general terms on the fish populations in the Allan Water.

Conservation Policies The Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014 remain in force making it an offence to kill a salmon before 1st April in the Forth District.

The Clerk and the Trust‘s Senior biologist continue dialogue with Marine Scotland Science to try and get issues specific to the Forth recognized.

This year these have resulted in the change of catgorisation of the Teith SAC to the same as the Allan and Forth. This allows us to manage the sub-catchment as one entity and recognizes the mixed stock nature of the Section of the Forth through Stirling. This has enabled the DSFB to issue guidance which is consistent.

The issue of waivers was also discussed again and it was agreed that MS would request catch returns for all fishing managers (although this still does not resolve the problem of inconsistent reporting)

Discussions were also held in respect of the damage to salmon as a by-catch of sea trout netting in the Estuary (which is Category 3). All salmon should be retuned unharmed by the DSFB would like to restrict the season for netting to the times when more sea trout is being caught than salmon. Marine Scotland has not been collecting data on the number of salmon returned from the nets and we have been assured this will now happen and are currently awaiting further details.

There are still issues with the model being used and particularly its reliance on catch data. MSS will now be taking a two year review of the model and the data now being applied via National Electrofishing and counters etc. The categories will not therefore change unless the DSFB requests a review. The DSFB and the Trust consider that the levels set currently are reflective of the populations levels and will continue to work with local managers to support their implementation.

We would like to thank the Crown Estates Scotland for continuing to support their tenants with reduction of rents.

The issues of indeterminate angling effort and inconsistent reporting have not, however, been resolved and so stock size estimates remain inaccurate, but the best available to work with. MSS have 'requested' angling effort to be included in 2019 catch returns - this has been implemented with no consultation with the sector, which is again disappointing. Many associations and syndicates have struggled to provide this data and this in the context that Marine Scotland have still not responded to our continued questions of the method of collecting catch returns.

The resultant categories for conservation of salmon in the Forth are:

River Category River Leven Category 3 No salmon to be retained River Tyne Category 3 No salmon to be retained River Almond Category 3 No salmon to be retained River Avon Category 3 No salmon to be retained River Carron Category 3 No salmon to be retained River Forth & Allan Category 2 Precautionary principle of catch River Teith SAC and release to be promoted. River Devon Category 3 No salmon to be retained Forth District Generally * Category 3 No salmon to be retained Forth District Coastal Continuation of prohibition of No salmon to be retained netting

* Any other water body not mentioned including the estuary

Some issues with the Conservation Regulations still remain which have been highlighted again in the 2019 consultation: • The reliance on catch returns is unscientific • There is no consideration of habitat in the model therefore many rivers have an over expectation. • There is an inconsistency in the reporting condition of the Teith SAC between Marine Scotland and SNH. • There has been no indication on how Scottish Government are intending to improve the Cat 2 and 3 rivers • There is no consideration of the economic impacts of the categorisation.

These issues continue to be raised at local and national level via Fisheries Management Scotland and directly with Marine Scotland.

The Board continues to aim to achieve 100% catch and release of spring salmon across the District and continues to include this within any conservation code the return of all fish caught before 1st June and will continue to do so. The Forth is still a recovering fishery with many pressures both historic and current and it is the responsibility of all to ensure that it is handed over to the next generation in good condition.

The board also included in the 2019 conservation codes a target catch and release rate on these rivers which have the option to retain salmon and sea trout at 85% and 75% respectively. For 2020 this has been raised to 95% and only one fish per angler per season to be taken on any river.

The Forth DSFB Conservation Policies now also include other measures including no fishing within 50m of a weir and advice on fish handling.

At the end of 2019, Marine Scotland produced a ‘pressures mapping’ tool to enable better communication of issues between local and national bodies. This also provide a framework which all DSFBs are working to and therefore more consistency of reporting. This should enable funds from central government where national priorities are shown to occur to be better directed.

Predation

A management structure to mitigate the pressures of predation is still on going. Decision making is reliant on evidence and the implementation of sustainable management practices.

Changes to licensing and public perception is required and this needs to be led at national level. There are a number of MS led surveys and research being undertaken and these will support a management structure within the Forth.

Issues specific to Forth fishery: • Demonstration of non-lethal methods – despite these having been piloted there is little take up from proprietors, landowners or anglers. • Cost of obtaining bird counts – even with volunteers the co-ordination is currently beyond the resources of the DSFB. • Urban areas – even with evidence trapping and culling in urban areas present considerable issues. • Consenting procedure – not just licensing but also landowners. • Public perception – the profile of birds and seals is high and the benefits need to be articulated properly.

In 2019, two instances of seals within the freshwater limits of Forth and Teith were reported. One was dealt with by SSPCA and the other could not be verified by staff.

In 2020, the DSFB will again look at how accurate reports can be sent and how demonstration of use of non-lethal methods can be illustrated. This will require support from fishery managers and anglers.

Consultations By responding to consultations, the Board can influence better practices by others who undertake works in the District. The Board tries to respond to all consultations however it does not have the resource to monitor all planning and CAR applications and it is appreciative of any that are brought to it notice by proprietors and members of the public.

The Board is a statutory Planning and CAR Consultee for aquaculture. None received.

In 2019, 32 formal and informal consultations were responded to by the Board. These were from Marine Scotland (activities within the estuary and firth, including dredging), SEPA (in river working, impoundments licences), Scottish Forestry, contractors and consultants, developers, local authorities and Network Rail.

The Board has been working with SEPA to get better and more timely information on works proposed in rivers which could affect the salmon and sea trout populations. This is supported by Fisheries Management Scotland. The Forth has a high number of issues and implication due to the urban areas and infrastructure. The Clerk has been liaising to get changes to the CAR regulations to ensure that the DSFB is advised and consulted and that issues which relevant to every application are dealt with consistently by SEPA. These include:

1. No instream works (including plant, over pumping, etc) to be undertaken between the end of September and beginning of June. Previously these works could be undertaken under Gneral Binding Rules which provides no framework for discussion or information on what and wgen works are undertaken. This makes enforcement of the Salmon Act very difficult as consent to break the law is being tacitly given by SEPA. The DSFB has produced information on the website including times when fish are vulnerable.

Early dialogue means that contractors etc can get timely information of what is required and allows them to plan better. The DSFB works with the Trust to raise awareness of good practice with contractors both through projects and consultancy.

2. Management of fish passes. Many CAR licenses are silent on critical information relating to fish pass operation and maintenance, including requirement to notify when pass is to be closed for maintenance. The Clerk has been responding to CAR license conditions to agree a set of conditions which are fit for purpose, including ‘hand-off’ flows, water levels, functionality, and monitoring. This is the responsibility of the operator but currently ether are no set rules are them to follow. This work is on-going.

3. Regulation of weirs and barriers. Ongoing discussions on why weirs are not licensed despite it being a legal requirement. The Forth still has over 60 unregulated weirs. Without regulation owners are unaware of their responsibility, cannot plan to improve possibility and cannot be held to account. The Clerk will continue to press for this to be changed.

Marine Scotland consults the Board regularly on dredging and sea disposal license applications. A precautionary approach is promoted by the Board when responding to these consultations, advocating care to avoid impacting on the early summer smolt migration in the estuary and firth.

The Fife Offshore wind farms now have consent and the trust is working with Fisheries management Scotland and adjacent DSFBs (Dee, Esks and Tay) and River Tweed Commission to ensure that the developers comply with monitoring and other requirements. This work should help inform the migration routes of the salmon and sea trout entering the Forth.

Enhancing The Forth Fishery Work Undertaken by The Forth Rivers Trust

Delivering projects enables physical improvements to rivers and their habitat in which salmon and sea trout rely and also raises awareness of issues which impact populations of fish and also allows for promotion of angling and other outdoor activities. Without this work the Forth rivers would have little chance of improving and the connection between people and fish will lessen. The Trust is funded by the DSFB to support it in its duty to protect and enhance the Forth fishery. This funding allows the Trust to also develop funding which levers in more funds. This leverage rate ranges between 5 – 13 (11.5 for 2018-19).

The Trust has still its specialism of freshwater fish and their habitats but is now working in a wider contexts. The enthusiasm, dedication and skill has developed the Trust significantly over the last few years. With a staff level of now 17 across many disciplines the Trust is now the largest in Scotland. It is able therefore to support the DSFB across a variety of issues.

In 2019, the Trust has been directly involved in the following activities on behalf of the Board: • Science and evidence gathering by electrofishing and habitat surveys to inform management policy and plans – 112 sites surveyed. • Influencing by continuing working relationships with statutory bodies, government agencies, communities and fishery proprietors / organisations across the District together with relevant funding partners to support implementation of projects • Leading on progressive management by working to influence changes with Scottish Government thinking on Wild Fisheries Reform, engaging directly and via FMS including changes required to existing funding model. • Delivering on best practice providing technical advice on policy and operational matters, and supporting responses to consultations (planning etc.) and pollution incidents providing advice and training as may be necessary, at both national and local level. • Supporting the future through targeted educational programmes raise awareness of the water environment and its wellbeing within the catchment.

In addition to the work funding through the main funding, the Trust has developed fisheries promotion platform for the Forth Fishery (see below)

With limited flexible income, this funding for the Trust is a key component enabling them to react to issues as they arise in the District, support management of the DSFB and take advantage of new opportunities. The investment in the Trust generated and additional £634,973 to support the work of the Trust directedly a swell as significant other funds from Scottish Government (£1.2m) and others working in partnership with the Trust.

Catchmentwide Projects The Trust continues to manage and develop a number of catchment wide programmes of work funded by a number of other organisations including Scottish Government, SEPA Water Environment Fund, Heritage Lottery Fund, Sustrans and other local funders. These are:

• Allan Water Improvement Project – This in now in its 5th year hosted by the Trust and delivers Integrated catchment management and works to address issues such as flooding, barriers, INNS, etc. Including landscape restorations and management, barrier improvements working with

Transport Scotland, brash bank restoration to stop erosion, tree planting to improve the riparian corridor and provide in stream texture. In 2019 saw a step change with two major Agi-Environment Schemes being negotiated providing changes to mand use befitting run off (both quality and quantity) in the upper Allan. One has funding agreed and is started , the other is awaiting confirmation of funding). Both will support spawning area improvements in the headwaters. Further work on the straightened section between Greenloaning and Blackford is being developed for 2020. (Main funder: Scottish Government) • RiverLife: Almond & Avon – Now approaching its final year. Four barrier easements are complete, two are designed and will start early 2020 and one to follow later in 2020. The Trust has coordinated and run a huge number of volunteering projects and opportunities, developed new concept projects such as River Rubbish and Intro to Angling, undertaken extensive monitoring of the rivers and monitors the change both physical and societal. Howden Rock Ramp was Highly Commended in the Nature of Scotland Awards. (Main funders: Scottish Government, SEPA WEF, City of Edinburgh Council, West Lothian Council and National Lottery Heritage Fund) (Overall budget: £6.7m)

• Forth Invasive Non Native Species Programme – on hold due to lack of funding. But discussions are ongoing with SNH on their long term strategy and funding model. • Leven Connectivity Project - Led by SEPA and Fife Council a major project to regenerate the Leven Corridor has started with feasibility funding from Sustrans and SEPA WEF. The Trust is supporting surveys and technical input as well as being part of education and recreational development. (Overall budget: £57m over 5 years (this includes regeneration of vacant and derelict land funds) For 2019 - £230,000 from Sustrans and £65k from SEPA WEF. Trust budget: c. £50,000). • Callander Landscape Project – led by the Loch Lomond & the Trossachs National Park, the Trust is leading on River Restore focused on the River Teith through the area. This has included the development of the River Centre at Cambusmore (which will support training, recreation and education) aswell as delivering riparian planting to an important spawning burn (the Leny Burn). The centre includes a small facility to produce brown trout eggs for the Fish in the Class projects (following the shutdown of Howietoun). Training and promotion of the river includes intro to angling, survey training and temperature monitoring. (Trust budget - £65k (70% from NLHF)) Ends 2021.

• Cool Rivers - the Trust is working with Loch Lomond & Trossachs National Park, Forestry Commission, SHN and Marine Scotland to develop a programme of delivery of measures to protect the Teith and Forth Headwaters from Climate change impacts which will also create better habaita in the headwaters (currently focused on Inverlochlarig) (Budegt: c. £15,000)

Education Fish in the Class is a highly successful project delivered by the Trust. Schools and other organisations financially support the work which takes eggs into the classroom and allows youngsters to look after them and when ready release these into their local river. The project will be supported from 2019 onwards by the River Centre facility at Cambusmore and additional engagement in respect of collecting brood stock from the local river close to the school is also being developed. Within the RiverLife project, Aspen in the Classroom has also been developed and is being delivered.

The DSFB funding allows the Trust to coordinate this activity and ensures that the costs from third parties are affordable. There is always greater demand than the Trust can deliver and options are being reviewed on development further of this important work.

In 2019, The project was run in 14 primary schools and two secondary schools, engaging with 480 youngsters.

The Trust works with Edinburgh Napier, Stirling University, Stirling University Aquaculture Institute, Heriot Watt and University of Highlands and Islands. The links include providing assistance to support Masters and Research students.

Consultancy Activity Like many other areas within Scotland, funding of the Trust activities is always an issue. The Trust has therefore developed a more active consultancy ability, so that it can charge commercial undertakings for both data, assessments, fish rescues and delivery of small works. This has led to the Trust working on a range of projects both within and without the District, adding to capabilities of the staff and contributing to the funding of the Trust to support the work within the District.

Part of this work also includes promoting the requirement for aquatic assessments to be undertaken by developers and contractors before works are carried out - the current requirements from SEPA are far from robust. See above.

Fisheries Promotion Fishing Around The Forth

Overview During 2018 after consultation with some clubs and proprietors, it was highlighted that a significant issue around the Forth was the promotion of angling opportunities to encourage anglers to fish the many great fisheries around the Forth. With this feedback, the Forth District Salmon Fishery Board asked the Trust to look at options to develop its capabilities for promoting fishing to support clubs and proprietors who pay into the Board.

The Trust developed ‘Fishing around the Forth’, a marketing project aimed at raising the profile of the Forth’s fisheries to a greater audience. Early 2019, the Trust submitted a funding application to LEADER EU rural development funds for just under £60k to develop tools to support fisheries promotion in the Forth. This bid was successful and the project started in early June 2019.

The project consists of a number of key areas of work. These are:

Steering group A steering group was formed to support the direction of the project. This was key to make sure that a range of clubs and proprietors were able to feed into the development of the project and encourage buy in from clubs. This also meant clubs and proprietors were driving elements of the project and their ideas were being fed in to make sure it was suitable for their marketing needs. Steering group members included Lanrick Estate, Cambusmore, Allan Water Angling Improvement Association, Devon Angling Association and Larbert & Stenhousemuir Angling Club. An anglers’ rep from the Board was also on the steering group.

Marketing Plan A marketing plan is being developed to help guide fisheries promotion and make sure the efforts of the Board and Trust are focused for best use of resources. The funding allows specialists to work with us to develop this plan. Consultations with a range of fisheries was carried out to try and capture the diverse nature of the Forth and its marketing needs. The steering group helped shape the marketing plan by inputting their needs and aspirations. Additional consultations took place with other fisheries around the Forth to add to the wealth of knowledge which existed on the steering group.

Testing of the marketing plan also took place to make sure focused adverts such as facebook ad’s and google ads get the most bang for their buck. This will all feed into the marketing plan and future marketing of opportunities. The Marketing plan will be finalised early 2020.

Branding Alongside the marketing plan, a brand has been created to support fishery promotion of the region. The brand has been developed by brand specialists alongside the steering group so that something is produced which clubs and proprietors can get behind. A new logo for Fishing around the Forth alongside a brand toolkit will be produced and finalised early 2020. The brand is necessary to make the regional hub recognisable amongst the fishing community, so they understand what the project is trying to achieve but also make the Forth stand out.

Fishery Films, photography and bios The funding also supported the development of fishery films, photography and bios. Filming, photography and information gathering has started by the project’s consultants with videos, photos and bios being finalised early 2020. This resource will support the project promote the region amongst the angling community, giving them a visual insight into the opportunities available. Strong visual tools will support fisheries and give them an added extra over many fisheries around scotland.

The bios will appeal to anglers as it will provide vital information on tactics for fishing the beats. These will encourage people to fish differently at different water heights and make sure we can maximise their time on the water.

Website A new website will be built in house by the Forth Rivers Trust. This will save a lot of money and allow us to make changes as the site develops. The website will act as the Fishing around the Forth hub, a central location for anglers to come to, to find information on fishing opportunities around the Forth. Each fishery involved will have a dedicated page which will highlight a range of information including where the fishery is, maps, information on where to get a permit, fish species available and more.

The website will also offer fisheries a booking platform so that they can get online, with a built in online permitting system for clubs to benefit from. This will cut down on admin for fisheries and make it easier for visiting anglers to purchase a permit.

The website is planned to launch early 2020

Articles Articles and blogs will be produced to help promote the area. These articles will focus on specific aspects to focus promotion and generate content for the blog and social media channels. These will be developed during the 2020 season.

Advertisement Advertisment has been secured for the Fishing around the Forth social media channels. This will help promote fishing opportunities around the Forth and will be carried out during 2020.

The project aims to launched before the opening of the 2020 season.

Partnerships Crown Estate Scotland The Forth DSFB has submitted an application to work with the Crown Estates Scotland (CES) to manage the fisheries which still remain with the Crown as part of the CES devolution to Scotland. Stage 1 and 2 bids have been made and the Board is now a preferred partner. Discussions have been ongoing on the exact mechanism to work together on this project.

The project will allow the Forth DSFB employ a Fishery Officer to assist the tenants of the CES to make the most of their fishery, to develop capacity within the clubs and associations and to work to open more of the CES owned fishery assets. This is particularly important on the smaller rivers where improvements to fish passage will need to be proactively managed.

This will support the work of the Forth DSFB and the CES to create a fishery which supports economic, social, and environmental goals.

Water Bailiffs and Working In Partnership

Whilst water bailiffs appointed under the Salmon Act have some very considerable powers , it is not possible for the enforcement of the offences under the act to be undertaken in isolation of many other organizations and agencies.

To ensure that the most is made of the information gathered and the respective powers of organisations, the Board has worked to create new and better partnerships with the following:

• Police Scotland – new routes for communication with the three wildlife crime units. A greater understanding of the operations of each organisation to ensure that support is available when required and that the issues are brought to the correct level within Police Scotland and that they are able to allocate additional resources to support both the bailiffs and fishery managers, clubs and associations. Training is also being provided to the wildlife teams to build closer working arrangements. Both parties will benefit and this will result in less mistakes being made. • COPFS – the Superintendent has been part of a new model to provide training to the Fiscals so that ye have a better understanding of poaching practices (particularly those undertaken in the Forth). This should ensure that when cases get to court the process will be better understood. • Marine Scotland Compliance – there has been better sharing of intelligence between the bailiffs and MS Compliance, although there is still considerable room for improvement on collective working within the estuary. • Fisheries Management Scotland – across the network of DSFB, FMS is working to provide more consistent training and reporting as well as information sharing. • East Lothian Partnership Against Rural Crime - It has a focus at reducing rural crime such as hare coursing, fish poaching, theft and fire raising. Lee and Jonathan have been working with this group to raise the profile of fish poaching as a wildlife crime in East Lothian. The partnership gives the Board a unique platform to engage with heads of department locally within Police Scotland, East Lothian Council and a range of other agencies. Working closely with the partnership, it has seen many of our key issues brought to the forefront with a direct benefit from more police interaction with the Board in this area. • Angling Clubs/anglers – staff attend many meetings and AGMs across the district to provide updates on the activities of the Board and how these activities can be supported locally.

• Landowners – a network of landowners now support the work of the bailiffs providing information and access.

Given the limited resources of the Forth DSFB these partnership are of paramount important to allow the board to discharge its duties

Governance The Aquaculture and Fisheries (Scotland) Act 2013 requires all District Salmon Fishery Boards to operate in an open, transparent and accountable manner. The Forth DSFB prepares a report each year in compliance with the Guidance on Good Governance Obligations: • Section 44 (1) requires preparation of a report and a statement of accounts (which shall be audited) relating to the activities of the Board. The report and accounts are to be considered by an annual meeting of qualified proprietors. • Section 44 (1A) requires the clerk of the Board to arrange for the final report and audited accounts to be published and a copy of these to be sent to Scottish Ministers. Publication is to take place as soon as practicable after the annual meeting of proprietors. • Section 44 (1B) defines the final report and audited accounts as those submitted for consideration at the annual proprietors’ meeting or, if they are revised following that meeting, the revised versions. • Section 46A requires that the annual report contains specific information: a summary of the activity carried out by the Board under their statutory functions in the reporting year; a summary of the proposed activity of the Board for the year to come; information on complaints made to the Board during the reporting period (their number, a statement of the nature of each and how it was disposed of); and a • statement of how the Board has complied with the good governance requirements of the 2003 Act during the course of the reporting year and how they propose to comply in the year to come. As part of this the Forth DSFB voluntarily adheres to the Scottish Government’s District Salmon Fishery Boards Guidance on Good Governance Obligations (August 2013).

This section of the report details how the Forth DSFB meets the terms of the reporting requirements:

Meetings The Forth DSFB holds meetings on an approximately quarterly basis at various locations throughout the District. All meetings are open to the public and are advertised on the Boards website (www.fishforth.co.uk/fdsfb). The subsequent minutes of these meetings are also published on the website. Closed sessions may be required for the discussion of matters of a sensitive nature.

It has been agreed that an attendance record will be kept and the attendance for year 2018 has been as follows:

Member Attended Apologies Not attended Pre- May 2019 Board – two meetings John McKenzie (Mandated: Allan Water Angling & 2 - - Improvement Association) (Chair) Peter Yates (Mandated: Cambusmore) 2 - - Fiona Simpson (Mandated: Crown Estates Scotland) 2 - - Aly Dickson (Lanrick) 1 - 1 Tony Cameron (Leny) 2 - - Scott Mason (Mandated: Stirling Council) - - 2 Robert Baird (Anglers’ Rep) - 2 - Chris Thomas (Anglers’ Rep) 1 1 - Jason Walls (Anglers Rep) - - 2 Craig Somerville (Anglers Rep) 2 - - Member Attended Apologies Not attended

Post- May 2019 Board – three meetings John McKenzie (Mandated: Allan Water Angling & 3 - - Improvement Association) (Chair) Peter Yates (Mandated: Cambusmore) 3 - - Fiona Simpson (Mandated: Crown Estates Scotland) 3 - - Aly Dickson (Lanrick) 2 1 - Tony Cameron (Leny) 3 - - David Crighton (Mandated: Stirling Coucil) 2 1 - Jamie Muir (Blair Drumond) 3 - - Alan Graham (Anglers’ Rep) (*2 meetings) 2 - - Chris Thomas (Anglers’ Rep) (*1 meeting) 1 - - Craig Somerville (Anglers Rep) 3 - -

The public meeting was held as an informal drop-in session with the showing of a film.

Triennial elections were held in May 2019.

COMPLAINTS The 2013 Act requires all District Salmon Fishery Boards to establish a formal complaints procedure. A copy of the complaint’s procedure is available on the Boards website.

There have been no formal complaints during 2019

DECLARATION OF INTERESTS All members of the Forth DSFB are asked to complete and keep up to date a declaration of interests relevant to their position on the Board. The most up to date register is available by request to the Clerk of the Board.

The Forth DSFB has been registered as a data controller with the Information Commissioner since 15th July 2014.

EQUAL OPPORTUNITIES AND DISCLOSURE The Board produced their Equal Opportunities and Disclosure statements, which are available on the Boards website.

REPORTING TO SCOTTISH GOVERNMENT It is a requirement that the Forth DSFB submits its accounts and annual report to Scottish Government. For 2018, this was completed in March following the Annual Meeting of Qualified Proprietors on Tuesday 19th February 2019.

Annual Meeting of Qualified Proprietors A meeting is convened on Monday 17th February as an Annual Meeting of Qualified Proprietors at which opportunity will be made available to comment on the report and to agree the accounts to year end March 2019

FINANCIAL STATEMENTS

The income for the Forth DSFB comes almost exclusively from the salmon fishery assessment. For the collection of the assessment for 2019 (invoiced on 1st April) the valuation roll was extracted on 6th March 2019. For 2019 the income is based on the 2017 valuation. A budget for the year was agreed by the board on 19th February 2019 resulting in the assessment being levied at the £1.15/£1.

The day to day management of the DSFB finances is handled by Managed Estates on behalf of the Board. The accounts are independently inspected by Douglas Home & Co. Copies of the inspected accounts can be obtained by contacting the Clerk.

There have been a number of reduction in the value of the fishery – coastal nets now valued at nil by the Assessor’s Office. The Forth District Fishery is currently valued at £131,095

The Board is required to use this figure as the basis of the assessment it collects. The assessment itself is based on an agreed budget for the year. The poundage is the rate in the pound to raise the amount agreed in the budget. The amount raised has to take into account a number of variables including appeals and the results of the issues noted above and the Board will set a contingency so that it does not keep having the change the poundage annually which has a negative effect on river and fishery owner ability to plan.

Annual Accounts Income & Expenditure For the Year End 31 March 2019

Period to Period to 31/03/2019 31/03/2018 Income Fishery assessment 153,378 144,776 Donation - 3,434 Other income 60 620 Sundry receipts - 600 Interest received 2 2 153,380 149,432

Expenditure Insurance 2,688 2,842 Other operating leases 390 4,677 Subcontractors 40,442 34,164 Office expenses & telephone 1,544 882 Advertising 1,057 Subscriptions 3.606 2,714 Equipment Costs 1,157 Vehicle/boat upkeep & travel 7,455 6,629 Sundry expenses 8,312 10,502 Training & subsistence 3,204 224 Clerk’s contract costs 17,644 17,850 Accountancy 2,136 2,034 Donations 60,000 61,242 Depreciation of tangible fixed assets Plant and Machinery 522 304 Motor vehicles 3,623 Computer equipment 432 203 Profit/loss on sale of tangible fixed assets 155,122 144,267

Net Profit/Loss (2,342) 5,165

Balance Sheet 31st March 2019

Period to Period to 31/03/2019 31/03/2018 FIXED ASSETS Tangible Assets 16,824 3,229

CURRENT ASSETS Debtors 4,815 3,602 Cash at bank & in hand 97,938 103,416 102,753 107,018

Creditors 14,921 5,272

NET CURRENT ASSETS 87,832 101,746 104,656 104,975

RESERVES Development reserves 32,000 32,000 Retained earnings 72,656 72,975 104,656 104,975

Looking Forward

A number of new and better partnerships have been developed in 2019 and these will further developed through 2020, in particular:

To support the enforcement of offences and get a better rate of conviction: Police Scotland Crown Office and Procuratoral Fiscal Service Marine Scotland Compliance To support the development and promotion of the Forth Fishery Crown Estates Scotland – CES Fishery Officer The Forth Rivers Trust – Fishing Around The Forth To protect the fishery from developments and construction, and regulated impacts: Scottish Environment Protection Agency - freshwater Marine Scotland Licensing – Marine

A number of initiatives are being delivered by Marine Science and these include National Electrofishing Programme for Scotland and the further development of the ‘pressures mapping’ and subsequent actions and deliverables. In this the Board is well supported by the Forth Rivers Trust to allow evidence based decision making, responding to and supporting these initiatives as well as consultations and requested of information. The Trust now has a track record of delivering projects to ensure that the habitats of the rivers systems on which the fish depend are improved where possible.

With the management of the fishery stable and moving forward on many fronts it is key to review and assess other areas where work can be delivered to protect the fishery, this includes predation issues. The board should look to provide a platform for anglers and others to report predation issues and also to consider the relative benefits of management practices undertaken elsewhere (eg smolt shepherding). A key to this will be to find a solution which is sustainable and deliverable within the limits of the Forth DSFB existing resources (or find other methods of funding) it.

The enforcement team will continue to be developed, including the delivery of a new training scheme to grow the team in such a way as to ensure that the bailiff can get appropriate support and the DSFB is undertaking its duties in terms of Health & Safety and liabilities seriously.

The Board and the Trust within the Forth District will continue to work to raise awareness of fantastic opportunities to fish within the District and will deliver Fishing Around The Forth and ensure that proprietors, fishery managers, clubs and associations are supported in promoting their fishing.

Significant investment has been made over the last year by the staff, to ensure that the Forth DSFB is recognized as a leading, proactive DSFB working for the fisheries and users within the District. The Board will continue to meet on a quarterly basis, with an Annual Meeting of Qualified Proprietors and also public meetings, when required. Good governance is a key aim and the Board and staff will continue to work within the Code of Good Practices.

Forth District Salmon Fishery Board

thanks the following for their support in its work:

Forth RiversTrust Directors 2019 Fen Howieson (Chairman) Fiona Simpson Aly Dickson Mike Buchanan Jamie Muir John Taylor

Director: Alison Baker Senior Biologist: Dr Jo Girvan Operations Manager: Jonathan Louis Aquatic Ecologist: Dr Iain Reid Allan Water Project Officer: Gary Brown Forth Consultancy Manager: Jacquelyn Johnston Land Management Officer: Sandra Stewart Ecologist /Eels Specialist: Jack Wootton Trossachs Water Vole PO: Emily Marshall Callander’s Land PO: Lee Fisher Trust Assistant: Kyle Hinds RiverLife Manager: Nim Kibbler RiverLife: Project Officer: Luke Park RiverLife: Project Officer: David Eastwood RiverLife: Capital Works: Scott Robertson RiverLife: Project Support: Scot Muir RiverLife: Project Officer: Amy Fergusson Trust Finance Manager: Amelia Heath Website: www.forthriverstrust.org Facebook - https://www.facebook.com/ForthRiversTrust/ Twitter - @ForthRiversT Instagram - @forthriverstrust

Funders and partners:

All Forth District Salmon Proprietors (195 Fisheries)

Scottish Government Loch Lomond & the Trossachs National Park Scottish Environment Protection Agency East Lothian Angling Association National Lottery Heritage Fund Marine Scotland Falkirk Environment Trust Falkirk Council LandTrust City of Edinburgh Council Fife Council West Lothian Council Scottish Forrestry Larbert & Stenhousemuir Angling Club Forest & Land Scotland Devon Angling Association River Avon Federation Police Scotland

Fishery Managers, Ghillies, Club and Association Committee Members

The many landowners who allow access and work to be undertaken

Particularly the volunteer water bailiffs

And our many other volunteers who give up their time to support the Forth Fishery.