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. Sign and date section 2.4, complete section 7 if applicable and delete sections 3, 4, 5 and 6

2.3 Is it necessary to carry out an HRA? Note that this question is not about determining whether there is a likely If Yes, put ‘N/A’ in section 2.4, and go to section 3 significant effect (see section 3) If No, provide explanation (e.g. no impact at all on any European site, by virtue of the scale or location or nature of the Plan), sign and date section 2.4, complete section 7 if applicable, and delete sections 3, 4, 5 and 6

2.4 For the reasons given above, this Plan is Signed: N/A not considered to require HRA Date:

Page 8 of 79

3. Test of likelihood of a significant effects

The first stage of an HRA is a test of Likely Significant Effect (LSE), which is a ‘screening’ assessment to determine if an appropriate assessment is required. The NRW Plan-maker must consider whether the Plan may have a Likely Significant Effect (LSE) on any European site. In so doing, they must adopt a precautionary approach.  The Plan should be considered ‘likely’ to have such an effect if the Plan-maker is unable (on the basis of objective information) to exclude the possibility that the Plan could have significant effects on any European site, either alone or in combination with other plans or projects - in other words the possibility or risk of significant effects is sufficient to trigger further assessment, as is being uncertain.  An effect will be ‘significant’ in this context if it could undermine the site’s conservation objectives. The assessment of that risk must be made in the light of factors such as the characteristics and specific environmental conditions of the European site in question.

Unless the test of LSE enables significant effects on any European site to be ruled out, the Plan will need to be subject to an appropriate assessment.

The legislation requires consideration of plans and projects “either alone or in combination with other plans and projects”. The test of likely significant effect is initially carried out by considering the plan on its own (i.e. rather than in-combination with other plans or projects). If it is decided that the Plan alone is likely to have a significant effect, it is subject to appropriate assessment alone. An assessment in combination with other plans or projects is only required if the plan would be insignificant on its own, but has effects which may be significant if combined with the effects of other plans/projects which are also insignificant on their own. This is dealt with further in sections 3.2 and 5.

When carrying out the HRA of a plan, the test of LSE is based on the plan as submitted. If additional conditions or restrictions would be needed to remove the risk of significant effects, the plan should undergo an appropriate assessment.

Page 9 of 79

3.1 Considering likely significant effects alone

Unless it has been established that the Plan does not need HRA (section 2), the Strategic Assessment Team (SAT) should always be consulted, and their advice taken into account, in completing sections 3.1.1 and 3.1.2 below. Their written advice (Form 2) should be appended to this document, and section 7 completed.

3.1.1 Which European sites might be affected Based on the information provided in the Plan, it is considered that the following European sites have features which by the Plan? could be affected by the Plan:

Insert European site name(s) and standard Natura site code(s) (if known)

Afon Teifi /River Teifi SAC UK0012670 Afon Eden Cors Goch Trawysfenydd SAC UK0030075 * (tributary of the Mawddach) Afon Tywi / River Towi SAC UK0013010 Afonydd Cleddau / Cleddau Rivers SAC UK0030074 Aber Dyfi / Dyfi Estuary SPA UK9020284 Cors Fochno and Dyfi /Ramsar 1401A Bae Caerfyrddin ac Aberoedd / Carmarthen Bay and Estuaries SAC UK0020020 Y Fenai a Bae Conwy / Menai Strait and Conwy Bay SAC UK0030202 Sir Benfro Forol / Pembrokeshire Marine SAC UK0013116 Pen Llyn a’r Sarnau / Lleyn Peninsula and the Sarnau SAC UK0013117

The potential for the Plan to affect the following European sites was also initially considered, but can be ruled out without further consideration:

 Bae Ceredigion / Cardigan Bay SAC UK0012712  Burry Inlet SPA UK9015011

Go to section 3.1.2.

Page 10 of 79

3.1.2 Screening assessment

The screening assessment should indicate the possible pathways through which the Plan may impact upon relevant European site features. Each designated feature (taken from the official Natural 2000 designation documents) should be recorded in the left hand column below. If more than one European site is identified from section 3.1.1, deal with each European site separately.

The assessment should be made in view of the conservation objectives for the European site(s) concerned, as set out in either the current NRW Core Management Plan (for a terrestrial European site), or in NRW’s extant advice issued under Regulation 35 of the Conservation of Habitats and Species Regulations 2010 (for a marine site).

Colour coding should be used in the ‘impact pathway’ column II as follows:

There is an impact pathway in principle, but significant effects from the proposal when considered alone can be ruled out There is an impact pathway and significant effects cannot be ruled out

An impact pathway is a link or causal connection between the changes that may flow from the Plan and the qualifying features of the European site(s), which may be caused, accelerated, exacerbated or created by biological, chemical, hydrological, morphological, physical or anthropological changes. Note that several impact pathways may be relevant to the same designated feature.

Examples of types of impact pathways that may be relevant:  Direct capture, damage or harm to a designated species feature  Damage to a designated habitat feature (including through direct physical impact, pollution, changes in thermal regime, hydrodynamics, light, etc.)  Damage to the habitat of designated species features (including through direct physical impact, pollution, changes in thermal regime, hydrodynamics, light, etc.)  Damage to a designated habitat feature via removal of, or other detrimental impact on, typical species  Removal of prey species of a designated species feature  Damage to habitat of prey species  Indirect effects on habitats and species

In addition, avoidance measures, included as part of the plan, should be briefly listed in column III.

Page 11 of 79

European site and Assessment of likelihood of significant effect Designated Features I II III Relevant conservation objectives Potential impact pathway Avoidance measure Relevant conservation objectives from For each row assign appropriate Briefly describe the actions included Natura 2000 site Core Management colour (as above) and give short within the Plan that will ensure that Plan (or Natura 2000 core man plan explanation as required the potential effects are avoided, are reference and version no), or NRW not significant or are not likely Regulation 35 advice (as applicable) Afon Teifi/River Teifi SAC Atlantic Salmon Population Direct capture, damage or harm to a None - salmon may be caught by the Salmo salar Range designated species feature nets Supporting habitats and species Damage to habitat of prey species

Indirect effects on habitats and species

Page 12 of 79

measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the River lamprey would easily pass through the mesh and not be caught. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the River lamprey.

Brook lamprey Population The licencing area is in brackish Lampetra planeri Range water and the Brook lamprey Supporting habitats and species exclusively inhabits freshwater environments. It is a small elongated fish and the adult measures between 12 to 14cm. They would not be caught by the mesh of the nets. The nets are not fixed to the river bed and would not cause a significant effect on the habitat of the Brook lamprey. Sea lamprey Population Although the use of nets in the Petromyzon Range estuary/river could capture Sea marinus Supporting habitats and species lampreys, the mesh size of the coracle and draft nets used on the River Teifi is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the Sea lamprey would easily pass through the mesh and not be caught.

Page 13 of 79

The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the Sea lamprey.

Otter Lutra lutra Population Direct capture, damage or harm to a Otters may be caught by the nets. Range designated species feature Supporting habitats and species The prey species of the otter may Damage to habitat of prey species also be caught by the nets.

Indirect effects on habitats and species

Floating water Population No impact pathway due to the plantain Supporting habitat location of the feature and the Luronium natans location of the activity

Oligotrophic to Structure and function No impact pathway due to the mesotrophic Range location of the feature and the standing waters Typical species location of the activity with vegetation of the Littorelletea uniflorae and/or of the Isoëto- Nanojuncetea Water courses Range No impact pathway due to the of plain to Typical Species location of the feature and the montane levels Distribution location of the activity with the Ranunculion fluitantis and Callitricho- Batrachion vegetation

Page 14 of 79

Afon Eden - Cors Goch Trawsfynydd SAC Atlantic Salmon Population Direct capture, damage or harm to a None - salmon may be caught by the Salmo salar Range designated species feature nets Supporting habitats and species Damage to habitat of prey species

Indirect effects on habitats and species

Freshwater pearl Population Direct capture, damage or harm to a Pearl mussel larvae spend a period of mussel Range designated species feature time attached to the gills of salmonid Margaritifera Supporting habitat parr, and in the Afon Eden depend on margaritifera Damage to habitat of prey species a healthy brown trout (including sea trout) population. Therefore any Indirect effects on habitats and significant effect on the trout species population could have a potential significant effect on the Freshwater pearl mussel population Floating water Population No impact pathway due to the plantain Supporting habitat location of the feature and the Luronium natans location of the activity

Active Raised Structure and function No impact pathway due to the Bog Range location of the feature and the Typical species location of the activity Water courses Physical Habitat The use of coracle and draft nets Water flow within the river would not significantly Water Quality affect the attributes of the Water course in the SAC Page 15 of 79

Afon Tywi / River Tywi SAC

Bullhead Cottus Population The licencing area is in brackish gobio Range water and the Bullhead inhabits Supporting habitats and species freshwater environments. It is a small demersal fish and measures 6 to 8cm long. They would not be caught by the mesh of the nets. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the Bullhead. River lamprey Population Although the use of nets in the Lampetra Range estuary/river could capture River fluviatilis Supporting habitats and species lampreys while they are migrating, the mesh size of the coracle and draft nets used on the River Tywi is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the River lamprey would easily pass through the mesh and not be caught. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the River lamprey.

Page 16 of 79

caught by the mesh of the nets. The nets are not fixed to the river bed and would not cause a significant effect on the habitat of the Brook lamprey. Sea lamprey Population Although the use of nets in the Petromyzon Range estuary/river could capture Sea marinus Supporting habitats and species lampreys while they are migrating, the mesh size of the coracle and draft nets used on the River Tywi is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the Sea lamprey would easily pass through the mesh and not be caught. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the Sea lamprey.

Allis shad Alosa Population Direct capture, damage or harm to a None - Allis shad may be caught by alosa Range designated species feature the nets Supporting habitats and species Damage to habitat of prey species

Indirect effects on habitats and species

Twaite shad Population Direct capture, damage or harm to a None - Twaite shad may be caught Alosa fallax Range designated species feature by the nets Supporting habitats and species Damage to habitat of prey species

Page 17 of 79

Indirect effects on habitats and species

Carmarthen Bay and Estuaries SAC Allis shad Alosa Population Direct capture, damage or harm to a None - Allis shad may be caught by alosa Range designated species feature the nets Supporting habitats and species Damage to habitat of prey species

Indirect effects on habitats and species

Page 18 of 79

and wade nets used on the River Taf and River Towy is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the Sea lamprey would easily pass through the mesh and not be caught. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the Sea lamprey.

River lamprey Population Although the use of nets in the Lampetra Range estuary/river could capture River fluviatilis Supporting habitats and species lampreys while they are migrating, the mesh size of the coracle, draft and wade nets used on the River Taf and River Towy is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the River lamprey would easily pass through the mesh and not be caught. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the River lamprey.

Page 19 of 79

Indirect effects on habitats and species

Atlantic salt Structure and function No impact pathway due to the meadows Range location of the feature and the Typical species location of the activity Salicornia and Population No impact pathway due to the other animals Range location of the feature and the colonising mud Supporting habitats and species location of the activity and sand

Estuaries Structure and function Although the coracle, draft and wade Range nets will be used within the estuary Typical species feature the nets are not fixed to the seabed and will have limited contact with the sub-features of the estuary and the small scale (2 permits on the Taf and 11 on the Towy) and duration (currently March-July inclusive) of the activity will rule out a significant effect on the estuary feature. Due to the small scale event it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Mudflats and Structure and function Although the coracle, draft and wade sandflats not Range nets will be not be used directly upon covered by Typical species the feature but in the water column seawater at low above the feature, the activity will tide

Page 20 of 79

have no contact with the mudflat and sandflat feature of the SAC. Due to the small scale (2 permits on the Taf and 11 on the Towy) and duration (between March and July) of the activity (in the locality but not immediately upon feature) it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Large shallow Structure and function Although the coracle, draft and wade inlets and bays Range nets will be used within the Large Typical species shallow inlet and bay feature the nets are not fixed to the seabed, therefore will have limited contact with the sub- features of the Large shallow inlet and bay and the small scale (2 permits on the Taf and 11 on the Towy) and duration of the activity (between March and July) will rule out a significant effect on the Large shallow inlet and bay feature. Due to the small scale and duration (between March and July) of the activity it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature Sandbanks Structure and function No impact pathway due to the which are Range location of the feature and the slightly covered Typical species location of the activity by seawater all the time

Page 21 of 79

Afonydd Cleddau / Cleddau Rivers SAC

Bullhead Cottus Population The licencing area is in brackish gobio Range water and the Bullhead inhabits Supporting habitats and species freshwater environments. It is a small demersal fish and measures 6 to 8cm long. They would not be caught by the mesh of the nets. The nets used are not fixed to the river bed and would not cause a significant effect on the habitat of the Bullhead. River lamprey Population Although the use of nets in the Lampetra Range estuary/river could capture River fluviatilis Supporting habitats and species lampreys, the mesh size of the compass nets used on the River Cleddau is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the River lamprey would easily pass through the mesh and not be caught. The boats are anchored to the riverbed and the poles of the compass net may touch the seabed, the minimal amount of disturbance this would have would not have a significant effect on the habitat of the Sea lamprey.

Page 22 of 79

used on the River Cleddau is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the Sea lamprey would easily pass through the mesh and not be caught. The boats are anchored to the riverbed and the poles of the compass net may touch the seabed, the minimal amount of disturbance this would have would not have a significant effect on the habitat of the Sea lamprey.

Brook lamprey Population The licencing area is in brackish Lampetra planeri Range water and the Brook lamprey Supporting habitats and species exclusively inhabits freshwater environments. It is a small elongated fish and the adult measures between 12 and 14cm. They would not be caught by the mesh of the nets. The nets are not fixed to the river bed and would not cause a significant effect on the habitat of the Brook lamprey. Otter Lutra lutra Population Direct capture, damage or harm to a Otters may be caught by the nets. Range designated species feature Supporting habitats and species The prey species of the otter may Damage to habitat of prey species also be caught by the nets.

Indirect effects on habitats and species

Page 23 of 79

Water courses Range No impact pathway due to the of plain to Typical Species location of the feature and the montane levels Distribution location of the activity with the Ranunculion fluitantis and Callitricho- Batrachion vegetation Alluvial forests Extent No impact pathway due to the with Alnus Structure and processes location of the feature and the glutinosa and Regeneration location of the activity Fraxinus excelsior Active Raised Structure and function No impact pathway due to the Bogs Range location of the feature and the Typical species location of the activity Menai Strait & Conwy Bay SAC Large shallow Structure and function Although the draft nets will be used inlet and bays Range within the Large shallow inlet and bay Typical species feature the nets are not fixed to the seabed, therefore will have limited contact with the sub-features of the Large shallow inlet and bay, also the small scale (3 licences) and duration (June to August) of the activity will rule out a significant effect on the Large shallow inlet and bay feature. Due to the small scale and duration (between June and August) of the activity it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature

Page 24 of 79

Mudflats and Structure and function Although the draft nets will be not be sandflats not Range used directly upon the feature but in covered by Typical species the water column above the feature, seawater at low the activity will have no contact with tide the mudflat and sandflat feature of the SAC. Due to the small scale (3 licences) and duration (between June and August) of the activity (in the locality but not immediately upon feature) it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Reefs Structure and function Although the draft operate nets will be Range not be used directly upon the feature Typical species but in the water column above the feature, the activity will have no contact with the reef feature of the SAC. Due to the small scale (3 licences) and duration (between June and August) of the activity (in the locality but not immediately upon feature) it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Submerged or Structure and function No impact pathway due to the partially Range location of the feature and the submerged sea Typical species location of the activity caves Sandbanks Structure and function No impact pathway due to the which are Range location of the feature and the slightly covered Typical species location of the activity

Page 25 of 79

by seawater all the time

Pen Llyn a’r Sarnau SAC Reefs Structure and function Although the draft nets will be not be Range used directly upon the feature but in Typical species the water column above the feature, the activity will have no contact with the mudflat and sandflat feature of the SAC. Due to the small scale (6 licences) and duration (between June and August) of the activity (in the locality but not immediately upon feature) it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Large shallow Structure and function No impact pathway due to the inlet and bays Range location of the feature and the Typical species location of the activity Mudflats and Structure and function Although the draft nets will be not be sandflats not Range used directly upon the feature but in covered by Typical species the water column above the feature, seawater at low the activity will have no contact with tide the mudflat and sandflat feature of the SAC. Due to the small scale (6 licences) and duration (between June and August) of the activity (in the locality but not immediately upon feature) it will not change species richness, population dynamics, physiological health, reproductive capacity,

Page 26 of 79

recruitment, mobility or range of the feature. Submerged or Structure and function No impact pathway due to the partially Range location of the feature and the submerged sea Typical species location of the activity caves Sandbanks Structure and function No impact pathway due to the which are Range location of the feature and the slightly covered Typical species location of the activity by seawater all the time

Estuaries Structure and function Direct capture, damage or harm to a Although the draft nets will be used Range typical species feature within the estuary feature the nets are Typical species not fixed to the seabed, therefore will have limited contact with the sub- features of the estuary and the small scale (6 licences) and duration (between June and August) of the activity will rule out a significant effect on the estuary feature. Due to the small scale (6 licences) and duration event it will not change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature.

Typical species include migratory fish, in particular salmon and sea trout, which use the estuary as a migratory route when transitioning from saltwater to freshwater. Salmon and sea trout may be caught by the nets.

Page 27 of 79

Coastal lagoons Structure and function No impact pathway due to the Range location of the feature and the Typical species location of the activity Atlantic salt Structure and function No impact pathway due to the meadow Range location of the feature and the Typical species location of the activity Salicornia and Structure and function No impact pathway due to the other animals Range location of the feature and the colonising mud Typical species location of the activity and sand

Grey seal Population Direct capture, damage or harm to a Grey seals may be caught by the Halichoerus Range designated species feature nets. grypus Supporting habitats and species Damage to habitat of prey species The prey species of the Grey seal may also be caught by the nets. Indirect effects on habitats and species

Bottlenose Population Direct capture, damage or harm to a Bottlenose dolphins may be caught dolphin Tursiops Range designated species feature by the nets. truncatus Supporting habitats and species Damage to habitat of prey species The prey species of the Bottlenose dolphin may also be caught by the Indirect effects on habitats and nets. species

Otter Lutra Population Direct capture, damage or harm to a Otters may be caught by the nets. Range designated species feature Supporting habitats and species The prey species of the otter may Damage to habitat of prey species also be caught by the nets.

Indirect effects on habitats and species

Page 28 of 79

Pembrokeshire Marine SAC Large shallow Structure and function The boat used by the compass inlet and bays Range netters is anchored to the Typical species riverbed/seabed and the poles of the compass net may touch the seabed while in use. The contact by the poles and anchors while be minimal and will have no significant effect on the Large shallow inlet and bay feature due to the small scale of the activity (six licences). There will be no change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Estuaries Structure and function The boat used by the compass Range netters is anchored to the Typical species riverbed/seabed and the poles of the compass net may touch the seabed while in use. The contact by the poles and anchors while be minimal and will have no significant effect on the estuary feature due to the small scale of the activity (six licences). There will be no change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Reefs Structure and function The boat used by the compass Range netters is anchored to the Typical species riverbed/seabed and the poles of the compass net may touch the seabed while in use. The contact by the poles and anchors while be minimal and will have no significant effect on the reef

Page 29 of 79

feature due to the small scale of the activity (six licences). There will be no change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Atlantic salt Structure and function No impact pathway due to the meadow Range location of the feature and the Typical species location of the activity Mudflats and Structure and function The boat used by the compass sandflats not Range netters is anchored to the covered by Typical species riverbed/seabed and the poles of the seawater at low compass net may touch the seabed tide while in use. The contact by the poles and anchors while be minimal and will have no significant effect on the mudflat and sandflat feature due to the small scale of the activity (six licences). There will be no change species richness, population dynamics, physiological health, reproductive capacity, recruitment, mobility or range of the feature. Submerged or Structure and function No impact pathway due to the partially Range location of the feature and the submerged sea Typical species location of the activity caves Sandbanks Structure and function No impact pathway due to the which are Range location of the feature and the slightly covered Typical species location of the activity by seawater all the time

Coastal lagoons Structure and function No impact pathway due to the Range location of the feature and the Typical species location of the activity

Page 30 of 79

Indirect effects on habitats and species

River lamprey Population Although the use of nets in the Lampetra Range estuary/river could capture River fluviatilis Supporting habitats and species lampreys, the mesh size of the compass nets used on the River Cleddau is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the River lamprey would easily pass through the mesh and not be caught. The boats are anchored to the riverbed and the poles of the compass net may touch the seabed, the minimal amount of disturbance this would have would not have a significant effect on the habitat of the Sea lamprey.

Page 31 of 79

Sea lamprey Population Although the use of nets in the Petromyzon Range estuary/river could capture Sea marinus Supporting habitats and species lampreys while they are migrating, the mesh size of the compass nets used on the River Cleddau is not less than five centimetres in extension from knot to knot (the measurement to be made on each side of the square) or twenty centimetres measures round each mesh (Welsh salmon & sea trout netting byelaws (as amended), 1995), therefore the Sea lamprey would easily pass through the mesh and not be caught. The boats are anchored to the riverbed and the poles of the compass net may touch the seabed, the minimal amount of disturbance this would have would not have a significant effect on the habitat of the Sea lamprey.

Indirect effects on habitats and species

Page 32 of 79

Shore dock Population No impact pathway due to the Rumex rupestris Range location of the feature and the Supporting habitats and species location of the activity Dyfi Estuary SPA Greenland Population There is a possibility of disturbance to white-fronted Range the Greenland white-fronted geese by goose Anser Supporting habitats and species access to the fishing areas and by the albifrons fishing activity. flavirostris The current net season is 1st April- 31st August inclusive. This is not during the over-wintering period for the geese. There are only three licences for draft nets available in the River Dyfi and this low level of activity during the late spring and summer period will not have a significant effect on the Greenland white-fronted geese. Cors Fochno and Dyfi /Ramsar Active raised Bogs Structure and function No impact pathway due to the Range location of the feature and the Typical species location of the activity Degraded raised bogs Structure and function No impact pathway due to the still capable of natural Range location of the feature and the regeneration Typical species location of the activity Depressions on peat Structure and function No impact pathway due to the substrates of the Range location of the feature and the Rhynchosporion Typical species location of the activity

Page 33 of 79

3.1.3 Screening decision when considered alone

(a) If there are NO rows The Plan is not likely to have a significant effect on any European sites when considered coloured RED in column II alone. The possibility of significant effects in combination with other plans and projects of Table 3.1.2, and there are needs to be considered. ANY rows which are BLUE Put ‘N/A’ in row (b) below, delete section 4 of the form and go to Section 3.2

N/A

(b) If ANY rows in Column II of Table 3.1.2 are RED Put ‘N/A’ in rows (a) above, and go to section 4 of the form.

Page 34 of 79

3.2 Considering likely significant effects in combination

3.2.1 Identifying possible in-combination effects

The other plans or projects which should be considered for potential in-combination effects with the Plan under consideration are those that fall into ALL of the following 3 categories:

(1) they have been subject to HRA and the HRA has either concluded no LSE or no adverse effect on site integrity, but residual effects remain, and

(2) their residual effects (net of any mitigation measures) could interact with the residual effects of the Plan under consideration, for example by magnifying the effects of the Plan, or making a habitat or species feature more sensitive to the effects of the Plan, and

(3) they are one of the following: . project started but not yet completed . projects consented but not started . ongoing projects subject to repeated authorisations (e.g. annual licences) . applications lodged but not yet determined . refusals subject to appeals procedures not yet determined . projects not requiring consent but which have been approved by the competent authority concerned . proposals in adopted plans . proposals in draft plans published for consultation . allocations or other forms of proposals in adopted development plans . allocations or other forms of proposals in draft development plans published for consultation

Do not include projects which have not yet been applied for, unless the project is well defined and there are solid reasons for believing that it will be taken forward. Do not include completed plans or projects.

If there are any impact pathways recorded as blue in section 3.1 they should be listed in the left hand column of the table below

It is recommended that the Strategic Assessment Team’s advice is sought when completing these tables

Page 35 of 79

Blue impact European site Other plans/projects with Nature of the in-combination effect (if Is there likely to pathway from feature(s) concerned effects that could interact any) be any significant Table 3.1.2 with the effects of the plan in-combination to render its effects effect, in view of significant (if any) the site’s conservation objectives? ‘Yes’, ‘No’ or ‘Uncertain’ Residual impact European site

Designated feature

If the right hand column is ‘No’ in all rows) sign and date the section below

Having had regard to the advice provided by SAT, it is considered that the Plan is not likely to have a significant effect on any European site, alone or in combination with other plans and projects, and no further consideration under the Habitats Directive/ Regulations is required in order to approve the Plan

Signed______

Date______

Ensure that section 7 is completed and delete sections 4, 5 and 6. Attach copies of all written representations received from the Strategic Assessment Team (Annex 2 form)

If any rows in the right hand column are ‘Yes’ or ‘Uncertain’ go to section 4.

Page 36 of 79

4. Appropriate Assessment Tables 4.1 and 4.2 should document the appropriate assessment for the Plan. The two left hand columns should list the designated features and the impact pathways identified in RED from section 3.1.2 above, where likely significant effects are anticipated or cannot be ruled out. Any features recorded in section 3.1.2 as blue should not be considered at this stage, only in section 3.2. Table 4.1 should first consider the potential impact of the Plan as currently defined and in the absence of any additional mitigating measures, conditions or restrictions not currently included as part of the proposal. Table 4.2 should then consider additional measures to mitigate any adverse effects.

Table 4.1, and 4.2 if applicable, MUST be completed having sought and had regard to the advice of the Strategic Assessment Team, and section 7 must be completed.

4.1 Assessment of the Plan as originally set out

European site Impact Description of impacts Assessment in view of conservation Can adverse feature (from pathway(s) objectives effect on site Table 3.1.2 – (from Table 3.1) integrity be red rows only) ruled out? ‘Yes’, ‘No’ or ‘Uncertain’* Afon Teifi/River Teifi SAC Direct capture, Salmon could be captured in the In order for the conservation objectives for Yes damage or harm to nets used in this fishery salmon to be met on the Teifi the population a designated must be stable or increasing over the long species feature. term. The performance indicator for salmon is calculated from the rod catch and must comply with the conservation limit 4 out of 5 years. Atlantic

Salmon Salmo The Teifi is currently ‘Probably at Risk’ with a salar shortfall of 1123 adults and there is a

downward trend in fry populations. Byelaws will be applied to the Teifi to protect both the declining juvenile and adult populations with the aim of providing an opportunity for recovery.

Page 37 of 79

The proposed byelaws will reduce the mortality of salmon associated with angling, increasing the proportion of fish released from 80-100%.

It is possible for salmon to be caught in draft and coracle nets used in the Afon Teifi and therefore possibly having an impact on the salmon in this SAC, depending on the amount of salmon caught and removed from the river.

The declared 5-year average (2012-2016) for the catch of salmon by the nets currently used in the Afon Teifi is 80.8 fish. The main catch in these nets has been Sea trout (5-year average 571.2 fish).

The activity is licenced on the Afon Teifi between 1st April to 31st August. This period is during the main Spring and Summer runs of migrating Salmon up the Afon Teifi and could capture the Salmon while they are migrating up the Afon Teifi to get to their spawning grounds.

The art of fishing for Salmonids with a coracle is a historic activity on the Afon Teifi and is seen as a hobby by the licence holder, not a business. The coracle fishermen have agreed to return any Salmon they catch due to what they see as low Salmon stocks on the River in recent years.

The draft and coracle nets are not nets that are set and left for a period of time unattended they are in the water for a short period of time and also manned, therefore the fish are not left in the net and can quickly be released.

Page 38 of 79

Salmon and sea trout used in tracking studies on the Tywi and Dee in the 1980’s and 1990s were caught by licenced nets men in the estuary. These fish survived and were tracked throughout the river system to the spawning season commenced. It has been suggested that coracle fish are ‘gilled’ and won’t survive. However, coracle nets are more similar to trammel or tangle nets designed to tangle around the fish. As such the risk of injuries are less, but there is still a risk of suffocation associated with the operculum being covered, if the fish is not retrieved quickly. Once a fish is in the net, it is retrieved to the coracle, and is not left in the net where it may become meshed and might suffocate. Recent published studies suggest a mortality rate of 24% for Pacific salmon from tangle net fisheries with reported similar mesh sizes from the Western United States. A 95.4% immediate survival and 80.1% long term up to 180 days after release (WDWF. 2014). It is also important to note that some of the coracles and seine nets have been practicing C&R since the introduction of the National Spring Salmon Byelaws in 1999, from which a number of net fisheries were exempted. This is an important precedent, and we have no evidence from this to suggest that C&R fishing has been unsuccessful. We also have no observations of fish mortalities, either immediately within nets or through fish succumbing to their injuries later in fresh water.

Page 39 of 79

The activity is currently licenced on the Afon Teifi between 1st April to 31st August however the proposed byelaws will see this change to 1st May to 31st July. This period is during the main Spring and Summer runs of migrating Salmon up the Afon Teifi and could capture the Salmon while they are migrating up the Afon Teifi to get to their spawning grounds.

There are existing byelaws in place that:-

 control the start and end date of the fishing seasons (Salmon Net Fishing Byelaws 1995)  control the nets that may be used (reference as above)  require the release of any salmon caught prior to 16th June (National Spring Salmon Byelaws 2009).

Catch is further regulated through national byelaws that require all licenced fishermen to maintain logbook evidence of fish captures, and the attachment of a non-removeable tag to indicate the valid source and provenance of the fish. This eliminates the risk of a greater catch of salmon by licenced or unlicenced fishermen over and above the tag supply.

As a result of new stock assessments we propose further controls on net fishing. There will be a byelaw in place prior to the issuing of any licences under this Net Limitation Order to make the retaining of any salmon caught by nets illegal. The Byelaw (All Wales (Net Fishing (salmon and sea trout) Byelaws 2018) is

Page 40 of 79

currently being processed and will be in place prior to the 2018 fishing season.

Direct capture, Otters could be captured in the nets Otters could be caught in various types of nets. Yes damage or harm to used in this fishery. The seine and coracle nets used in the River a designated Teifi are nets that are not set and left for a species feature. period of time, they are attended at all times. Otters are generally timid mammals and avoid Indirect effects on The prey of the otters could be human contact where possible and as the nets habitats and caught by the nets are attended at all times the otters will avoid species the area where the nets are set. If an otter was Otter Lutra lutra to be caught it would be released immediately.

The nets could by capturing fish remove a food source for the otters of the River Teifi but the small scale, duration of the activity and the low level of the fish catch reported by this activity would not have an adverse affect on the otter population of the SAC.

Afon Eden - Cors Goch Trawsfynydd SAC Direct capture, Salmon could be captured in the Although no nets are permitted within this SAC, Yes damage or harm to nets used in this activity the Afon Eden is a tributary of the River Atlantic a designated Mawddach where there are proposals for two Salmon Salmo species feature draft net licences to be issued. salar In order for the conservation objectives for salmon to be met on the Eden the population must be stable or increasing over the long

Page 41 of 79

term. The performance indicator for salmon is calculated from the rod catch and must comply with the conservation limit 4 out of 5 years.

The Mawddach which contains the Afon Eden SAC is currently classified as ‘Probably at Risk’ with a shortfall of 178 adults. Recent juvenile surveys have also shown declining numbers for both fry and parr. Byelaws will be applied to the Mawddach to protect both the declining juvenile and adult populations with the aim of providing an opportunity for recovery.

The proposed byelaws will reduce the mortality of salmon associated with angling, increasing the proportion of fish released from 80-100%.

It is possible for salmon to be caught in draft nets used in the River Maddach and therefore possibly having an impact on the salmon in this SAC, depending on the amount of salmon caught and removed from the river.

The declared 5-year average (2012-2016) for the catch of salmon by the two draft nets currently used in the River Mawddach is zero fish. The main catch (although low numbers) in these nets has been Sea trout.

The using of draft nets on Welsh rivers has been a custom and is mainly a hobby by the licence holder, not a main business and if a salmon is caught they usually return them back to the river.

The draft nets are not nets that are set and left for a period of time unattended they are in the

Page 42 of 79

water for a short period of time and also manned, therefore the fish are not left in the net and can quickly be released.

There are existing byelaws in place that:-

Catch is further regulated through national byelaws that require all licenced fishermen to maintain logbook evidence of fish captures, and the attachment of a non-removeable tag to indicate the valid source and provenance of the fish. This eliminates the risk of a greater catch of of salmon by licenced or unlicenced fishermen over and above the tag supply.

Page 43 of 79

(salmon and sea trout) Byelaws 2017) is currently being processed and will be in place during the winter of 2017/2018 and prior to the 2018 fishing season.

The provision of a byelaw which legislates that no salmon caught by the nets in the River Teifi can be retained will lead to the conclusion that the licencing of the nets on the River Teifi will not have an adverse affect on the Salmon population of the River Teifi SAC. The activity is only licenced on the River Mawddach between 1st June to 31st August. This period avoids the main Spring and Summer runs of migrating Salmon up the River Mawddach and allows the majority of Salmon entering the river system to get to their spawning grounds in the Afon Eden unobstructed by the draft nets.

This timing of the use of the draft nets, the duration, the restricted number of licences and the information regarding the catches of Salmon over the past 5 years provides information to assess that the issuing of net licences on the River Mawddach will not have an adverse affect on the Salmon population of the Afon Eden – Cors Goch Trawsfynydd SAC.

Direct capture, Otters could be captured in the nets There is no licences issued for fishing in this Yes damage or harm to used in this activity. SAC but the otters from this SAC could use the a designated River Mawddach. species feature. Otter Lutra lutra Otters could be caught in various types of nets, Indirect effects on The prey of the otters could be the draft nets used in the River Mawddach are habitats and caught by the activity nets that are not set and left for a period of species time, they are attended at all times. Otters are

Page 44 of 79

generally timid mammals and avoid human contact where possible and as the nets are attended at all times the otters will avoid the area where the nets are set. If an otter was to be caught it would be released immediately.

The nets could by capturing fish remove a food source for the otters of the SAC but the small scale, duration of the activity and the low level of the fish catch reported by this activity would not have an adverse affect on the otter population of the SAC.

Indirect effects on Sea trout, which are a host to the For pearl mussel to be in favourable Yes habitats and Pearl mussel larvae, could be conservation status, all of the following species captured by the nets used in this conditions must be satisfied: activity 1. The freshwater pearl mussel population must be viable throughout its distribution in the river and maintaining itself on a long-term basis. 2. There will be no contraction of the number, age range, distribution or size of mussel beds found within the population. 3. Within the distribution of these beds there Freshwater will be sufficient habitat to support a viable pearl mussel populations. Margaritifera 4. The transference of pearl mussel glochidia margaritifera (larvae) is facilitated by an abundant and selfsustaining brown trout (including sea trout) population. 5. All factors affecting the achievement of these conditions are under control.

Freshwater pearl mussels require a healthy population of salmonids, a group of fish including salmon and trout, on which the freshwater pearl mussel relies for part of its life cycle (Araujo & Ramos, 2000). The host of

Page 45 of 79

freshwater pearl mussel larvae are juvenile fish from the salmonid family, which includes the Atlantic salmon and sea trout (Skinner et al, 2003). The chances of a larva encountering a suitable fish is very low (Lampert & Sommer (1996), and thus nearly all are swept away and die. The proposed net activity would not catch juvenile salmonids but adult fish returning to the rivers from the sea or leaving the rivers. The low catch of Adult fish by the activity in the River Mawddach would not have an impact on the juvenile salmonids required by the freshwater pearl mussel and therefore there would be no adverse effect on the freshwater pearl mussel population by the proposed activity.

Afon Tywi / River Towy SAC Direct capture, Allis shad could be captured in the In order for conservation objectives for allis Yes damage or harm to nets used in this activity shad to be met on the Tywi there must be no a designated decline in adult run size or spawning species feature distribution. Spawning distribution is assessed by kick sampling for eggs and/or observations of spawning adults. Absence from sites in particular stretches in 2 consecutive surveys will result in an Allis shad unfavourable condition assessment. Alosa alosa

The shad can be an occasional bycatch by the draft nets and coracle nets used under this proposal. Numbers vary however estimated at about 20 fish per year. All fish are returned.

Mature adult Allis shad enter the estuaries of many European rivers from April onwards and migrate some distance upstream, though the

Page 46 of 79

exact distance is variable (Maitland & Hatton- Ellis 2003).

The closed season for fishing with nets on the River Towy is between 31st July and the 1st of March following. This time period includes the main migrating period for the adult shad which migrate through estuaries in March-May.

The draft and coracle nets that are used in the River Towy are nets which are not set and left for a period of time. They are attended at all times and if an Allis shad is caught it can be returned to the water almost immediately.

The small amount of bycatch that has been reported from this activity and the fact that the fish can be returned almost immediately indicates that there would be no adverse effect on the Allis shad population of the SAC.

Direct capture, Twaite shad could be captured in In order for conservation objectives for allis Yes damage or harm to the nets used in this activity shad to be met on the Tywi there must be no a designated decline in adult run size or spawning species feature distribution. Spawning distribution is assessed by kick sampling for eggs and/or observations of spawning adults. Absence from sites in particular stretches in 2 Twaite shad consecutive surveys will result in an Alosa fallax unfavourable condition assessment.

The shad can be an occasional bycatch by the draft nets and coracle nets used under this proposal. Numbers vary however estimated at about 20 fish per year. All fish are returned.

Page 47 of 79

Mature adult Twaite shad enter the estuaries of many European rivers from April onwards and migrate some distance upstream, though the exact distance is variable (Maitland & Hatton- Ellis 2003).

The draft and coracle nets that are used in the River Towy are nets which are not set and left for a period of time. They are attended at all times and if a Twaite shad is caught it can be returned to the water almost immediately.

Direct capture, Otters could be captured in the nets Otters could be caught in various types of nets, Yes damage or harm to used in this activity. the draft and coracle nets used in the River a designated Towy are nets that are not set and left for a species feature. period of time, they are attended at all times. Otters are generally timid mammals and avoid Indirect effects on The prey of the otters could be human contact where possible and as the nets Otter Lutra lutra habitats and caught by the nets used in this are attended at all times the otters will avoid species activity the area where the nets are set. If an otter was to be caught it would be released immediately.

The nets could by capturing fish remove a food source for the otters of the River Towy but the

Page 48 of 79

small scale, duration of the activity and the low level of the fish catch reported by this activity would not have an adverse affect on the otter population of the SAC.

Carmarthen Bay and Estuaries SAC Direct capture, Allis shad could be captured in the In order for conservation objectives for allis Yes damage or harm to nets used in this activity shad to be met on the Tywi there must be no a designated decline in adult run size or spawning species feature distribution. Spawning distribution is assessed by kick sampling for eggs and/or observations of spawning adults. Absence from sites in particular stretches in 2 consecutive surveys will result in an unfavourable condition assessment.

The shad can be an occasional bycatch by the nets used under this proposal. Numbers vary however estimated at about 20 fish per year on the Towy. All fish are returned. Allis shad

Alosa alosa Mature adult Allis shad enter the estuaries of

many European rivers from April onwards and migrate some distance upstream, though the exact distance is variable (Maitland & Hatton- Ellis 2003).

The closed season for fishing with nets on the River Towy and River Taf is between 31st July and the 1st of March following. This time period includes the main migrating period for the adult shad which migrate through estuaries in March-May.

The draft, seine and coracle nets that are used in the River Towy and River Taf are nets which

Page 49 of 79

are not set and left for a period of time. They are attended at all times and if an Allis shad is caught it can be returned to the water almost immediately.

Direct capture, Twaite shad could be captured in In order for conservation objectives for allis Yes damage or harm to the nets used in this activity shad to be met on the Tywi there must be no a designated decline in adult run size or spawning species feature distribution. Spawning distribution is assessed by kick sampling for eggs and/or observations of spawning adults. Absence from sites in particular stretches in 2 consecutive surveys will result in an unfavourable condition assessment.

The shad can be an occasional bycatch by the nets used under this proposal. Numbers vary Twaite shad however estimated at about 20 fish per year on Alosa fallax the Towy. All fish are returned.

Mature adult Twaite shad enter the estuaries of many European rivers from April onwards and migrate some distance upstream, though the exact distance is variable (Maitland & Hatton- Ellis 2003).

The closed season for fishing with nets on the River Towy and River Taf is between 31st July and the 1st of March following. This time period includes the main migrating period for the adult

Page 50 of 79

shad which migrate through estuaries in March-May.

The draft, seine and coracle nets that are used in the River Towy and River Taf are nets which are not set and left for a period of time. They are attended at all times and if a Twaite shad is caught it can be returned to the water almost immediately.

Direct capture, Otters could be captured in the nets Otters could be caught in various types of nets, Yes damage or harm to used in this activity. the draft, seine and coracle nets used in the a designated River Towy and River Taf are nets that are not species feature. set and left for a period of time, they are attended at all times. Otters are generally timid Indirect effects on The prey of the otters could be mammals and avoid human contact where habitats and caught by the nets used in this possible and as the nets are attended at all species activity times the otters will avoid the area where the nets are set. If an otter was to be caught it Otter Lutra lutra would be released immediately.

The nets could by capturing fish remove a food source for the otters of the River Towy and River Taf but the small scale, duration of the activityand the low level of the fish catch reported by this activity would not have an adverse affect on the otter population of the SAC.

Afonydd Cleddau / Cleddau Rivers SAC

Page 51 of 79

Direct capture, Otters could be captured in the nets Otters could be caught in various types of nets, Yes damage or harm to used in this activity. the compass nets used in the Eastern and a designated Western Cleddau Rivers are nets that are not species feature. set and left for a period of time, they are attended at all times. Otters are generally timid Indirect effects on mammals and avoid human contact where habitats and The prey of the otters could be possible and as the nets are attended at all species caught by the nets used in this times the otters will avoid the area where the activity nets are set. If an otter was to be caught it Otter Lutra lutra would be released immediately.

The nets could by capturing fish remove a food source for the otters of the Eastern and Western Cleddau Rivers but the small scale, duration of the activity and the low level of the fish catch reported by this activity would not have an adverse affect on the otter population of the SAC.

Pen Llyn a’r Sarnau SAC Direct capture, Otters could be captured in the nets Otters could be caught in various types of nets, Yes damage or harm to used in this activity. the draft nets used in the River Mawddach and a designated the River Dyfi within the SAC are nets that are species feature. not set and left for a period of time, they are attended at all times. Otters are generally timid Indirect effects on The prey of the otters could be mammals and avoid human contact where habitats and caught by the nets used in this possible and as the nets are attended at all species activity times the otters will avoid the area where the Otter Lutra lutra nets are set. If an otter was to be caught it would be released immediately.

The nets could by capturing fish remove a food source for the otters of the River Mawddach and the River Dyfi within the SAC but the small scale, duration of the activity and the low level of the fish catch reported by this activity would

Page 52 of 79

not have an adverse affect on the otter population of the SAC.

Direct capture, Grey seals could be captured in the Although Grey seals can be caught in various Yes damage or harm to nets used in this activity. types of nets, the draft nets that are used in the a designated River Mawddach and the River Dyfi within the species feature. SAC are nets which are not set and left for a period of time. They are attended at all times Indirect effects on The prey of the Grey seal could be and if a seal is identified as in the area the net habitats and caught by the nets used in this can be removed. There are no reports of Grey species activity seals being caught by this type of netting activity.

Grey seal The nets are also set within the estuary feature Halichoerus of the SAC and although it is not unknown for grypus Grey seals to enter the Mawddach and the Dyfi rivers, they are not commonly reported in these rivers.

If a Grey seal did get caught in the net it could be released immediately unharmed.

The activity would not have an adverse effect on the Grey seal population of the SAC.

Direct capture, Bottlenose dolphins could be Although Bottlenosed dolphins could be caught Yes damage or harm to captured in the nets used in this in various types of nets, the draft nets that are a designated activity. used in the River Mawddach and the River Dyfi Bottlenose species feature. within the SAC are nets which are not set and dolphin left for a period of time. They are attended at all Tursiops Indirect effects on The prey of the Bottlenose dolphin times and if a Bottlenose dolphin is identified as truncatus habitats and could be caught by the nets used in in the area the net can be removed. There are species this activity no reports of Bottlenose dolphins being caught by this type of netting activity.

Page 53 of 79

The nets are also set within the estuary feature of the SAC and although it is not unknown for Bottlenose dolphins to enter the Mawddach and the Dyfi estuaries, they are not commonly reported in these estuaries.

If a Bottlenose dolphin did get caught in the net it could be released immediately unharmed.

The activity would not have an adverse effect on the Bottlenose dolphin population of the SAC.

Typical species. Nets are permitted within some of the estuaries  Atlantic The estuaries act as essential within the Pen Llyn a’r Sarnau SAC, namely the salmon migratory routes for salmon and sea Dyfi, Dysynni and Mawddach It is therefore Salmo trout as they make their transitions possible for salmon and sea trout to be caught salar between fresh and salt water in nets used in the estuaries of these rivers,  Sea trout conditions. which could have an impact on their ability to Salmo use the rivers as migratory routes as they make trutta Salmon and sea trout may be their transitions between fresh and salt water caught by the nets. conditions.

As the proposed byelaws will reduce the Estuary netting season by either one or two months (restricting the season to start on 1st May on the Dyfi and the 1st June on the Mawddach and Dysynni and all to close on the 31st July) the potential risk of impact on migratory species from netting acticities will be markedly reduced. In addition to this all salmon captured during the permitted season must be returned.

Page 54 of 79

Pembrokeshire Marine SAC Direct capture, Grey seals could be captured in the Although Grey seals can be caught in various Yes damage or harm to nets used in this activity. types of nets, the compass nets that are used a designated in the Eastern and Western Cleddau Rivers species feature. within the SAC are nets which are not set and left for a period of time. They are attended at all Indirect effects on The prey of the Grey seal could be times and if a seal is identified as in the area habitats and caught by the nets used in this the net can be removed. There are no reports species activity of Grey seals being caught by this type of netting activity.

Grey seal The nets are also set within the estuary feature Halichoerus of the SAC and although it may be possible for grypus Grey seals to enter the Eastern and Western Cleddau Rivers, they are not commonly reported in these rivers.

If a Grey seal did get caught in the net it could be released immediately unharmed.

The activity would not have an adverse effect on the Grey seal population of the SAC.

Direct capture, Otters could be captured in the nets Otters could be caught in various types of nets, Yes damage or harm to used in this activity. the compass nets used in the Eastern and a designated Western Cleddau Rivers are nets that are not species feature. set and left for a period of time, they are attended at all times. Otters are generally timid Indirect effects on The prey of the otters could be mammals and avoid human contact where habitats and caught by the nets used in this possible and as the nets are attended at all Otter Lutra lutra species activity times the otters will avoid the area where the nets are set. If an otter was to be caught it would be released immediately.

The nets could by capturing fish remove a food source for the otters of the Eastern and Western Cleddau Rivers but the small scale,

Page 55 of 79

duration of the activity and the low level of the fish catch reported by this activity would not have an adverse affect on the otter population of the SAC.

Direct capture, Allis shad could be captured in the For conservation objectives for shad to be met  Yes damage or harm to nets used in this activity the population is maintaining itself on a long- a designated term basis as a viable component of its natural species feature habitat. Important elements include:  population size  structure, production  condition of the species within the site.

The shad can be an occasional bycatch by the compass nets used under this proposal. There are minimal reports of shad caught by the compass nets within the Eastern and Western Cleddau rivers. If any fish are caught they will be returned immediately. Allis shad Alosa alosa Mature adult Twaite shad enter the estuaries of many European rivers from April onwards and migrate some distance upstream, though the exact distance is variable (Maitland & Hatton- Ellis 2003).

The closed season for fishing with nets on the Eastern and Western Cleddau rivers is between 1st September and the 31st of May following. This time period includes the main migrating period for the adult shad which migrate through estuaries in March-May.

The compass nets that are used in the Eastern and Western rivers are nets that are not set and left for a period of time. They are attended

Page 56 of 79

at all times and if a Twaite shad is caught it can be returned to the water almost immediately.

Direct capture, Twaite shad could be captured in For conservation objectives for shad to be met Yes damage or harm to the nets used in this activity the population is maintaining itself on a long- a designated term basis as a viable component of its natural species feature habitat. Important elements include:  population size  structure, production  condition of the species within the site.

The shad can be an occasional bycatch by the compass nets used under this proposal. There are minimal reports of shad caught by the compass nets within the Eastern and Western Cleddau rivers. If any fish are caught they will Twaite shad be returned immediately. Alosa fallax Mature adult Twaite shad enter the estuaries of many European rivers from April onwards and migrate some distance upstream, though the exact distance is variable (Maitland & Hatton- Ellis 2003).

Page 57 of 79

The compass nets that are used in the Eastern and Western rivers are nets that are not set and left for a period of time. They are attended at all times and if a Twaite shad is caught it can be returned to the water almost immediately.

* If any rows in the right hand column are ‘No’ or ‘Uncertain’ go to section 4.2 If all adverse effects can be ruled out without the need for additional mitigation (i.e. the right hand column is ‘Yes’ in all rows) go to section 4.3

Page 58 of 79

4.2 Assessment of Plan taking into account additional mitigating measures, conditions or restrictions

Feature (from Description of Can Description of additional mitigation measures, and how they After additional Table 4.1 – ‘No’ adverse effect(s) adverse would be secured (e.g. contractual obligations, consent mitigation, can and ‘Uncertain’ effect(s) conditions) adverse effects rows only) be on site mitigated? integrity be ‘Yes’ or ruled out now? ‘No’ ‘Yes’, ‘No’ or ‘Uncertain’

4.3 Concluding the appropriate assessment of the project alone

(a) If the right hand column of Table It has been ascertained that the Plan, when considered alone, will not adversely affect the integrity 4.1 and Table 4.2 (if applicable) of any European sites. shows ‘Yes’ for all features Go to row (b) below

(b) Are there any residual effects of Yes the Plan (net of any mitigation measures identified) which, though insignificant on their own, could be significant if considered in combination with the effects of other plans or projects?

(c) If there are any ‘No’s or ‘Uncertain’s in the right hand column of Table 4.1 that cannot be resolved to ‘Yes’ through mitigation measures identified in Table 4.2

Page 59 of 79

5 In-combination assessment

5.1 Identifying possible in-combination effects

The other plans or projects which should be considered for potential in-combination effects with the Plan under consideration are those that fall into ALL of the following 3 categories:

(1) they have been subject to HRA and the HRA has either concluded no LSE or no adverse effect on site integrity, but residual effects remain, and

If, despite ruling out adverse effects in section 4.2, there are likely to be any residual effects that might be significant in-combination with the effects of other plans/projects, these should also be listed in the left hand column of the table below.

It is recommended that the Strategic Assessment Team’s advice is sought when completing these tables

Page 60 of 79

Residual effect European site Other plans/projects with Nature of the in-combination effect (if Is there likely to (from Table 4.2) feature(s) concerned effects that could interact any) be any significant with the effects of the Plan in-combination to render its effects effect, in view of significant (if any) the site’s conservation objectives? ‘Yes’, ‘No’ or ‘Uncertain’ Potenital mortality Atlantic salmon The Wales Rod and Line New rod fishing byelaws are being NO of released net Salmo salar (Salmon and Sea Trout) proposed for all Wales to protect caught salmon. Byelaws 2017 salmon and sea trout stocks. Two Sea trout byelaws will impact on the activity, Salmo trutta morpha byelaws 4 & 8. trutta Byelaw 4 prevents the removal of any salmon, dead or alive.

In addition to this a byelaw to ensure that angling methods used are commensurate with the highest rate of survival after release has also been proposed. Byelaw 8 restricts the type of hooks that may be used including the prohibition of both barbed and treble hooks.

As the changes in conditions seek to reduce mortality rates in rod and line fisheries, and the changes to the net byelaws mean there will be decreased mortality rates as set out earlier in this document (i.e. they will lead to a net benefit), there can be no likely additional adverse effects on atlantic salmon in the aforementioned European sites. Regardless of this, it is considered that mortality rates after net catch and

Page 61 of 79

release ares likely to be extremely small, and when combined with the small residual effect of mortality from rod catch and release remain insignificant.

In addition to the Net Byelaws, a new Net Limitation Order (NLO) has been proposed to limit the number of net licences for Wales. However, the new NLO does not differ from the current NLO and as there is no change in conditions there can be no significant effect.

If the right hand column is ‘No’ for all rows, go to section 6

If any rows in the right hand column are ‘Yes’ or ‘Uncertain’, go to section 5.2

Page 62 of 79

5.2 Addressing in combination effects

Use this table to identify conditions, restrictions or other measures, applicable to the Plan, and/or to the other plans/projects giving rise to the in combination effect, which could remove the risk of likely significant effect or adverse effects on the European site features. Clear details should be included of how such measures would be applied, and who would be responsible for applying them.

In combination effect Conditions, restrictions or other measures, if any, applicable to the Plan, Taking into account (list any ‘Yes’ or ‘Uncertain’s and/or to the other plans/projects giving rise to the in combination effect, any additional from the right hand column of which could remove the risk of adverse effects on the European site measures identified the table in section 5.1) features. Include details of how such measures would be applied, and who and how they would would be responsible for applying them. be applied, can adverse effects on site features from in-combination effects be ruled out? ‘Yes’, ‘No’ or ‘Uncertain’

Complete section 6

Page 63 of 79

6. Integrity test

The Integrity Test is the conclusion of the appropriate assessment, and includes the approving team’s (competent authority’s) decision as to whether it can be ascertained that the plan will not have an adverse effect on the integrity of the European sites. The approving team (or the plan-maker) cannot approve or otherwise give effect to the Plan unless it has been ascertained that it will not adversely affect the integrity of any European site. If a conclusion of adverse effect on integrity is reached, this is likely to be specifically in relation to one or a small number of proposals within the plan (i.e. not the whole plan) – the option for the Plan-maker then is to go back and amend the specific proposal/s to remove the adverse effect on integrity, or to submit the Plan for approval after having removed the specific problematic proposal/s altogether.

Prior to completing this table, the Strategic Assessment Team must be formally consulted and their advice taken in to account. Their written advice (Annex 2 form(s)) should be appended to this document, and section 7 completed. See OGN 209 for how to proceed in instances where SAT disagrees with the conclusion of no adverse effect on integrity

6.1 In light of the conclusions of the appropriate assessment (sections 4, and 5 if Insert ‘Yes’, ‘No’ or ‘Uncertain’ applicable), and taking account of the advice received from the Strategic If ‘Yes’: Assessment Team, has it been established that the Plan will not adversely affect the - sign and date row 6.2 integrity of any European sites, taking into account any conditions or restrictions, - strike out row 6.3 either alone or in-combination with other plans and projects? - ensure that section 7 of the form has been completed If ‘No’ or ‘Uncertain’: - strike out row 6.2 - sign and date row 6.3 - ensure that section 7 has been completed 6.2 It has been ascertained the Plan will not adversely affect the integrity of any European site, if applicable subject to any conditions or restrictions identified. Signed: Approval of the Plan, subject to any conditions or restrictions as applicable, would be compliant with Article 6(3) of the Habitats Directive (and/or with Government Date: policy towards Ramsar sites, if applicable) 6.3 It has not been ascertained that the Plan will not adversely affect the integrity of any European site. Approval for the Plan cannot be given unless: Signed:  the Plan, and/or the terms under which it might be approved, are modified so as to remove the risk of adverse effects, and a revised HRA report is prepared

Date:

Page 64 of 79

7. Consultation with the Strategic Assessment Team, and how sections 2, 3, 4 and 5 of this HRA report (as applicable) take into account that advice

Delete any rows that do not apply

N/A

Relevant Date(s) of correspondence* and How the comments from the Strategic Assessment Team have been taken into section of any meetings with the Strategic account the HRA Assessment Team report 2

*Attach copies of all written representations (Form 2) received from the Strategic Assessment Team

Page 65 of 79

References

Araujo, R. & Ramos, M.A. (2000). Action Plan for Margaritifera margaritifera in Europe. Council of Europe, Strasbourg.

Lampert, W. & Sommer, U. (1996). Limnoecology: The Ecology of Lakes and Streams. Oxford University Press, Oxford

Maitland, P.S. & Hatton-Ellis, T.W. (2003). Ecology of the Allis and Twaite Shad. Conserving Natura 2000 Rivers Ecology Series No.3 English Nature, Peterborough.

Skinner, A., Young, M. & Hastie, L. (2003). Ecology of the Freshwater Pearl Mussel. Conserving Natura 2000 Rivers. Ecology Series No. 2. English Nature, Peterborough.

WDFW. (2014). Grays Harbour and Willapa Bay Commercial Salmon Fisheries’ Mortality Rates. Adobe pdf file. March 31, 2014.

Page 66 of 79

Annex1

THE NATURAL RESOURCES BODY FOR WALES

SALMON AND FRESHWATER FISHERIES ACT 1975

THE NATURAL RESOURCES BODY FOR WALES (LIMITATION OF NET FISHING LICENCES) ORDER 2017

The Natural Resources Body for Wales, in exercise of the powers vested in it by section 26(1) of the Salmon and Freshwater Fisheries Act 1975 makes the following Order:

Citation, Commencement and application

1 This Order -

(a) may be cited as the Natural Resources Body for Wales (Limitation of Net Fishing Licences) Order 2017;

(b) comes into force on the date it is confirmed by the Welsh Minister for Natural Resources, and;

Interpretation

2 In this Order—

“Natural Resources Wales” means the Natural Resources Body for Wales;

“Wales” means the whole of Wales, together with such part of the territorial sea adjacent to Wales as extends for six miles from the baselines from which the breadth of that sea is measured.;

“draft net” includes a seine net;

“licence” means a fishing licence issued by Natural Resources Wales for the use of a net for fishing for salmon and migratory trout other than rainbow trout; and

Page 67 of 79

“net licence officer” means such officer as Natural Resources Wales may from time to time appoint to be responsible for the determination of licence applications throughout those areas of Wales described in Column (1) of the Schedule, including any deputy appointed by Natural Resources Wales.

Limitation of fishing licences

4 The number of licences to be allocated by and on behalf of Natural Resources Wales in each year for fishing during that year for salmon or trout other than rainbow trout with an instrument other than rod and line in those areas of Wales described in Column (1) of the Schedule is limited in accordance with the provisions of Column (2) of the Schedule.

Applications for fishing licences

5 (1) All applications for licences for each year pursuant to this Order must be made to the Net Licence Officer, Maes Newydd, Llandarcy, Neath Port Talbot SA10 6JQ not later than the 31st day of December in the previous year.

(2) If the number of applications for licences exceeds the number of licences that may be allocated pursuant to Article 4 of this Order then Article 6 shall apply to the allocation of licences.

Allocation of fishing licences

6 (1) Subject to the provisions of this Article, the net licence officer will decide the allocation of licences on behalf of Natural Resources Wales in accordance with allocation criteria determined by Natural Resources Wales from time to time.

(2) Natural Resources Wales must publish the criteria referred in paragraph (1) of this Article, and make them available on request from the Net Licence Officer, Maes Newydd, Llandarcy, Neath Port Talbot SA10 6JQ.

(3) Subject to paragraphs (4) and (5) of this Article, in allocating licences in respect of any part of those areas of Wales described in Column (1) of the Schedule, the net licence officer must give preference to any person who demonstrates to the satisfaction of the net licence officer that —

(a) in the year preceding the year for which the licences are to be allocated that person held a licence issued by Natural Resources Wales in respect of an instrument which is the subject of the current application; and

(b) that person’s livelihood is dependent upon fishing.

Page 68 of 79

(4) If the number of licences available for allocation in respect of an instrument specified in the Schedule for use in any part of those areas of Wales described in Column (1) is insufficient to satisfy the applications made by all the persons entitled to be given preference as described in paragraph (3) of this Article, a sufficient number of additional licences must be allocated to satisfy such applications.

(5) Not more than one licence may be allocated to any one person in respect of each part of those areas in Wales described in Column (1) of the Schedule.

(6) In considering applications for licences, the net licence officer may require such information from the applicants as considered relevant, and in such form as may be prescribed, by the net licence officer.

Reallocation of fishing licences

7 (1) If any licence holder dies after the annual allocation of licences in respect of any part of those areas in Wales described in Column (1) of the Schedule, that licence must be made available for re-issue and an application for that licence must be considered and if appropriate the licence allocated on such basis and in accordance with such procedure as Natural Resources Wales considers appropriate while having regard to Article 6 of this Order.

(2) A licence may not become available for re-issue after the annual allocation of licences in any other circumstances.

Expiry and Revocations

8 (1) This Order expires on the date 10 years after the date it came into force unless revoked earlier.

(2) The Orders, set out below, are revoked in so far as each Order applies to those parts of those areas in Wales described in Column (1) of the Schedule:

(a) The Environment Agency (Limitation of Net Fishing Licences) (Wales) Order 2008;

(b) The Environment Agency (Limitation of Net Fishing Licences) (Wales) Order 2009;

Page 69 of 79

SCHEDULE Articles 3, 4, 5, 6, 7 and 8

(1) (2) Description of Area Type and Number of Instruments to be Licensed In the River Dysynni: In that part of the river which lies between an 1 draft net 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) in that part of the river which lies between the (a) 1 coracle net 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 (b) 1 wade net 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.

In the River Mawddach: In that part of the river which lies between Penmaen 3 draft nets Pool, but excluding such pool, and the Network Rail Bridge at Barmouth.

In the River Nevern:

Page 70 of 79

(1) (2) Description of Area Type and Number of Instruments to be Licensed In that part of the river which lies between an 1 draft net 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: (a) in that part of the River Glaslyn which lies 0 draft nets 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: In that part of the river which lies between the railway 3 draft nets 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: In that part of the river which lies between an (a) 3 draft nets 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.

Page 71 of 79

(1) (2) Description of Area Type and Number of Instruments to be Licensed In the Rivers Eastern and Western Cleddau: (a) in that part of the River Eastern Cleddau which lies between an imaginary line drawn true west across the 6 compass nets 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) In that part of the river which lies between (a) 12 coracle nets Cardigan Bridge and Llechryd Bridge. (b) In that part of the river which lies between Cardigan Bridge and an imaginary line drawn (b) 3 draft nets straight between Carreglydan and Cemaes Head.

In the River Towy: (a) In that part of the river which lies between an (a) 3 draft nets 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

Page 72 of 79

(1) (2) Description of Area Type and Number of Instruments to be Licensed sea defence on the left hand bank at the (b) 8 coracle nets 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.

EXECUTED as a Deed by NATURAL RESOURCES BODY FOR WALES by affixing the Common Seal in the presence of:

Signature: ……………...... Print name: ……………...... Address: ……………...... ……………...... ……………...... Occupation: ……………......

Page 73 of 79

Annex 2 Extent and descriptions of fisheries

Description of Area Type and Number of Instruments to be Licensed In the River Dysynni: In that part of the river which lies between an imaginary line drawn straight across the said river at a point 1 draft net approximately 400 metres above the railway bridge crossing the said river and that bridge.

In the River Taf: (a) in that part of the river which lies between the main road bridge carrying the Carmarthen-Pembroke road (a) 1 coracle net 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. (b) 1 wade net

In the River Mawddach: In that part of the river which lies between Penmaen Pool, but excluding such pool, and the Network Rail 3 draft nets Bridge at Barmouth.

In the River Nevern: In that part of the river which lies between an imaginary line drawn straight between Cat Rock and the Bennett 1 draft net and an imaginary line drawn straight between Dinas Head and Pen-y-Bal.

In the Rivers Glaslyn and Dwyryd: (a) in that part of the River Glaslyn which lies between the road bridge carrying the A487 trunk road over the 0 draft nets 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.

Page 74 of 79

In the River Dyfi: In that part of the river which lies between the railway bridge crossing the said river at NGR SN 6951597909 3 draft nets 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: In that part of the river which lies between an imaginary line drawn straight from the east bank of the river due 3 draft nets 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: (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; 6 compass nets (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: (c) In that part of the river which lies between Cardigan Bridge and Llechryd Bridge. (c) 12 coracle (d) In that part of the river which lies between Cardigan Bridge and an imaginary line drawn straight between nets Carreglydan and Cemaes Head. (d) 3 draft nets

In the River Towy: (c) In that part of the river which lies between an imaginary line drawn due east across the said river from a C) 3 draft nets 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. (d) 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. (c) 8 coracle nets

Page 75 of 79

Annex 3 Draft Byelaws

THE NATURAL RESOURCES BODY FOR WALES

WATER RESOURCES ACT 1991

THE ALL WALES NET FISHING (SALMON AND SEA TROUT) BYELAWS 2017

The Natural Resources Body for Wales in exercise of powers vested in it by section 210 of, and paragraph 6 of Schedule 25 to, the Water Resources Act 1991 makes the following byelaws.

Byelaw 1 – Title These Byelaws may be cited as the All Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017.

Byelaw 2 – Application These byelaws shall be read in conjunction with the 1995 Salmon and Sea Trout Netting Byelaws; the 1996 National Byelaws; 1999 National Salmon Byelaws; the 2003 Salmon and Sea Trout Netting Byelaws; and the 2003 Salmon and Sea Trout Netting Byelaws (Use of Nets).

These Byelaws will apply to the whole of Wales except where expressly indicated to the contrary.

These Byelaws will expire on the date 10 years after the date they came into force unless revoked earlier.

Byelaw 3 – Interpretation

In these Byelaws unless the context otherwise requires

(a) “Natural Resources Wales” means the Natural Resources Body for Wales.

(b) “Wales” means the whole of Wales, together with such part of the territorial sea adjacent to Wales as extends for six miles from the baselines from which the breadth of that sea is measured.

Page 76 of 79

(c) “net fishing” means those nets more particularly defined in Byelaw 5(c)(i) – (viii) of the 1995 Salmon and Sea Trout Netting Byelaws.

(d) “salmon” means all fish of the salmon species and includes part of a salmon.

(e) “sea trout” means any fish of the salmon family commonly known as sea trout or sewin, including migratory trout and char, and also includes part of a trout.

(h) Except where the context otherwise requires all words and expressions used in these Byelaws shall have the meanings assigned to them by the Salmon and Freshwater Fisheries Act 1975, the Water Resources Act 1991 or any statutory modifications or re-enactment thereof.

Byelaw 4 – annual close season For paragraphs (a)(i-v);(b)(i-ii); and (c) of Byelaw 3 of the 1995 Salmon and Sea Trout Netting Byelaws 1995 (Annual close season for salmon and migratory trout - nets and fixed engine) there shall be substituted -

“The annual close season for net fishing for salmon and sea trout from any river in Wales excluding the Dee and the Severn shall be the period between the 31st day of July and the 1st day of June.”

Byelaw 5 – annual close season exceptions For paragraphs (2); (7); (8); (9); (10); (11); (12); and (13) of Byelaw 3 of the 1999 National Salmon Byelaws (Annual close season for fishing for salmon and migratory trout other than with rod and line) there shall be substituted -

“(2) The seine net fisheries on the River Towy and its estuary where the annual close season shall be from and including the 1st day of August to and including the 30th day of April following.

(7) The seine net fisheries in the coastal waters adjacent to West Wales where the annual close season shall be from and including the 1st day of September to and including the 30th day of April following.

(8) The seine net fisheries on the River Nevern and its estuary where the annual close season shall be from the and including the 1st day of September to and including the 30th day of April following.

(9) The seine net fisheries on the River Teifi and its estuary where the annual close season shall be from and including the 1st day of September to and including the 30th day of April following.

Page 77 of 79

(10) The seine net fisheries on the River Dyfi and its estuary where the annual close season shall be from and including the 1st day of September to and including the 30th day of April following.

(11) The coracle net fisheries on the River Towy and its estuary where the annual close season shall be from and including the 1st day of August to and including the 30th day of April following.

(12) The coracle net fisheries on the River Taf and its estuary where the annual close season shall be from and including the 1st day of August to and including the 30th day of April following.

(13) The coracle net fisheries on the River Teifi and its estuary where the annual close season shall be from and including the 1st day September to and including the 30th day of April following.”

Byelaw 6 - catch and release with nets (salmon) For Byelaw 4 of the 1999 National Salmon Byelaws (Early season catch and release for salmon in specified net fisheries) there shall be substituted –

“Catch and release with nets (salmon)

No person shall remove any live or dead salmon taken by means of net fishing from an river in Wales excluding the Dee and the Severn without the previous written authority of Natural Resources Wales. This Byelaw shall not apply to any person who lawfully takes a salmon and returns it immediately to the water with the least possible injury.”

EXECUTED as a Deed by NATURAL RESOURCES BODY FOR WALES by affixing the Common Seal in the presence of:

Signature: ……………...... Print name: ……………......

Page 78 of 79

Address: ……………...... ……………...... ……………...... Occupation: ……………......

Page 79 of 79