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Record of a Habitats Regulations Assessment of a Plan Date Published: September 2016

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Record of a Habitats Regulations Assessment of a Plan Date Published: September 2016 Record of a Habitats Regulations Assessment of a Plan Date published: September 2016 OGN 209 Form 1 Document owner: Strategic Assessment Team, Office of the Chief Executive Version History: Document Date Published Summary of Changes Version 1.0 Dec- 2016 Document created Review Date: September 2017 Page 1 of 79 Contents Section 1. Plan details 2. Determining whether HRA is required 3. Test of likely significant effect - Identifying likely significant effects alone - Identifying likely significant effects in combination 4. Appropriate assessment - In the absence of additional conditions or restrictions - Taking into account additional conditions or restrictions 5. In-combination assessment 6. Integrity test 7. Consultation with Strategic Assessment Team Page 2 of 79 1. Plan Details Section 1: Plan details NRW Plan reference Proposals for new fishing controls, The Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017. Content of Plan Exploitation controls by nets through a new The Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017. The numbers of licences, extent of the fisheries upstream and downstream limits, and licence allocation criteria are contained within the Net Limitation Order (Annex 1). New byelaws for Wales are proposed to stop the harvest (take) of salmon, reduce the rate of exploitation sea trout and reduce the risk of by-catch under our Catch Controls 2017 consultation. http://naturalresources.wales/catchcontrols2017?lang=en Three new byelaws have been proposed (4,5 & 6, see Annex 3) to control exploitation of salmon and sea trout: Byelaw 4 – annual close season Byelaw 5 – annual close season exceptions Byelaw 6 - catch and release with nets (salmon) Byelaw 4: We propose to seek confirmation of a new pan-Wales byelaw that increases the annual close season for net fishing for salmon and sea trout from the River Towy; River Taf; River Clwyd; River Cleddau; River Nevern; River Teifi; River Dyfi; River Mawddach; River Dysynni; and River Conwy shall be the period between the 31st day of July and the 1st day of May. Byelaw 5: We are also proposing a new byelaw that removes any exceptions to the closed season for fishing for salmon and migratory trout, other than with rod and line. This will bring the closed season inline across Wales including the 1st day of August to and including the 30th day of April following. Page 3 of 79 Synopsis of net season changes Fishery Method Opening Closing date Reduction in duration of season date Cleddau Compass 1st June 31st July 1 month, August removed Nevern Seine 1st May 31st July 2 months, April and August removed Taf Coracle 1st May 31st July 2 months, April and August removed Wade 1st June 31st July 1 month, August removed Teifi Coracle 1st May 31st July 2 months, April and August removed Seine 1st May 31st July 2 months, April and August removed Tywi Coracle 1st May 31st July 2 months, March and April Seine 1st May 31st July 2 months, March and April Conwy Seine 1st June 31st July 1 month, August removed Dyfi Seine 1st May 31st July 2 months, April and August removed Dysynni Seine 1st June 31st July 1 month, August removed Mawddach Seine 1st June 31st July 1 month, August removed Byelaw 6: We will prevent the removal of any live or dead salmon taken be means of net fishing from any river estuary or coastal water in Wales. Proposals for new fishing controls to protect salmon and sea trout stocks in Wales, covers 13 fisheries in 11 rivers/estuaries which are listed in the table below Page 4 of 79 The byelaws will apply to net fishing on the following rivers Fishery Instrument Type Number of licences available Designated sites Teifi* Draft 3 SAC Teifi* Coracle 12 SAC Towy* Draft 3 SAC Towy* Coracle 8 SAC Taf* Coracle 1 Nevern* Draft 1 Taf* Wade 1 SAC Cleddau* Compass 6 SAC Dyfi* Draft 3 SAC, SPA & RAMSAR Mawddach* Draft 3 SAC Dysynni* Draft 1 Conwy* Draft 3 Glaslyn* Draft 0 No net licences are issued on any other river in Wales Location Description of Area and Type and Number of Instruments to be Licensed In the River Dysynni: 1 draft net In that part of the river which lies between an imaginary line drawn straight across the said river at a point approximately 400 metres above the railway bridge crossing the said river and that bridge. In the River Taf: a) 1 coracle net, (b) 1 wade net (a) in that part of the river which lies between the main road bridge carrying the Carmarthen-Pembroke road situated approximately 1.6 kilometres southwest of St. Clears and an imaginary line drawn straight across the said river from Wharley Point to Ginst Point; (b) in that part of the river which lies between an imaginary line drawn straight across the said river in a south- westerly direction from the Old Lime Kilns and an imaginary line drawn straight across the said river from Wharley Point to Ginst Point. Page 5 of 79 In the River Mawddach: 3 draft nets In that part of the river which lies between Penmaen Pool, but excluding such pool, and the Network Rail Bridge at Barmouth. In the River Nevern: 1 draft net In that part of the river which lies between an imaginary line drawn straight between Cat Rock and the Bennett and an imaginary line drawn straight between Dinas Head and Pen-y-Bal. In the Rivers Glaslyn and Dwyryd: 0 draft nets (a) in that part of the River Glaslyn which lies between the road bridge carrying the A487 trunk road over the Tremadoc Embankment at Portmadoc and an imaginary line drawn straight from Ynys Cyngar to Harlech Point; (b) in that part of the River Dwyryd which lies between Pont Briwet Toll Bridge and an imaginary line drawn straight from Ynys Cyngar to Harlech Point. In the River Dyfi: 3 draft nets In that part of the river which lies between the railway bridge crossing the said river at NGR SN 6951597909 and an imaginary line drawn straight from the northern side of the estuary at NGR SN 6212696085 to NGR SN 6215794134 on the southern side of the estuary of the said river . In the River Conwy: 3 draft nets In that part of the river which lies between an imaginary line drawn straight from the east bank of the river due west to the confluence of the Afon Ro and the River Conwy and an imaginary line drawn straight from Penmaen-Bach Point to Trwynygogarth. In the Rivers Eastern and Western Cleddau: 6 compass nets (a) in that part of the River Eastern Cleddau which lies between an imaginary line drawn true west across the said river from the mouth of Minwear Pill and the road bridge (A477) over the Milford Haven Estuary; (b) in that part of the River Western Cleddau which lies between an imaginary line drawn true east and west banks across the said river between NGR SM 9676612230 & NGR SM 9700412230, approximately 140 metres above the mouth of the Bedwater Pill at Little Milford House, and the road bridge (A477) over the Milford Haven Estuary. In the River Teifi: (a) 12 coracle net, b) 3 draft nets (a) In that part of the river which lies between Cardigan Bridge and Llechryd Bridge. (b) In that part of the river which lies between Cardigan Bridge and an imaginary line drawn straight between Carreglydan and Cemaes Head. Page 6 of 79 In the River Towy: a) 3 draft nets, b) 8 coracle nets (a) In that part of the river which lies between an imaginary line drawn due east across the said river from a point on the west shore at NGR SN 363115 due east of Ferry Farm and an imaginary line drawn straight between Wharley Point and the end of the block stone sea defence on the left hand bank at the caravan park. (b) In that part of the river which lies between an imaginary line drawn straight across the said river from the Railway Pumping Station near the Old Carmarthen Tinplate Works at NGR SN 420205 and an imaginary line drawn straight across the said river at NGR SN 394137. NRW team responsible Evidence, Policy and Permitting Directorate for developing the David Mee Plan, and name of lead Senior Advisor (Fisheries) officer NRW team responsible NRM Team, EP&P for providing the David Mee, compiling evidence from Operatiosn colleagues information for this HRA, and name of lead officer NRW team responsible Strategic fisheries assessment team for approving the Plan Peter Gough (coordinator) (competent authority role) Plan documents THE NATURAL RESOURCES BODY FOR WALES (LIMITATION OF NET FISHING LICENCES) ORDER 2017 (Annex 1) Technical case supporting a public consultation on proposals for new fishing controls to protect salmon and sea trout stocks in Wales. http://naturalresources.wales/catchcontrols2017?lang=en THE WALES NET FISHING (SALMON AND SEA TROUT) BYELAWS 2017 (Annex 3) Page 7 of 79 2. Determining the need for a Habitats Regulations Assessment 2.1 Is the whole of the Plan directly connected No with or necessary to the management of a European site for the purposes of conserving If Yes, provide explanation and go to section 2.2 the habitats or species for which the European sites are designated? If No, put ‘N/A’ in section 2.4, and go to section 3 2.2 Is there a possibility that the Plan could affect a different European site to the one it is If Yes, put ‘N/A’ in section 2.4, and go to section 3 intended to conserve? If No, HRA is not required.
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