Adroddiad Report Ymchwiliad a gynhaliwyd ar 15/1/19- Inquiry held on 15/1/19-1/2/19 & 1/2/19 & 5/3/19-7/3/19 5/3/19-7/3/19 gan Declan K Beggan BSc (Hons) MSc by Declan K Beggan BSc (Hons) MSc DipTP DipMan MRTPI DipTP DipMan MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 31.05.2019 Date: 31.05.2019 Inquiry held under paragraph 2 (1) of Schedule 26 Water Resources Act 1991 relating to The Wales Rod and Line (Salmon and Sea Trout) Byelaws 2017 and The Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017 Cyf ffeil/File ref: ENV/3209811 http://planninginspectorate.gov.wales/ Report ENV/3209811 Contents Page No Abbreviations used in this report iii-v Procedural Matters 1 The Byelaws 2 Policy/Legislative Background 3 Habitats Regulations Assessment 4 Equalities Impact Assessment 5 NRW’s Case 5 Third Parties’ Case 52 Appraisal 107 Conclusions 137 Recommendation 138 Appearances 139 Core Documents 141 Inquiry Documents 153 ii https://gov.wales/planning-inspectorate Return to Contents Report ENV/3209811 Abbreviations used in this report: 1 SW One Winter Feeding Sea Salmon AC Afonydd Cymru ACC Abergwili Angling Club AG Wales Fish Eating Birds Advisory Group AR At Risk AT Angling Trust CD Core Document CEFAS Centre for Environment, Fisheries and Aquaculture Science C&R Catch and Release CL Conservation Limit CPWF Campaign for Protection of Welsh Fisheries CNNA Carmarthen Coracles and Netsmen Association DS Decision Structure EA Environment Agency EA 2010 Equalities Act 2010 EqIA Equalities Impact Assessment FCRM Flood and Coastal Risk Management FEB Fish Eating Birds HRA Habitats Regulations Assessment ID Inquiry Document ICES International Council for the Exploration of the Sea LAC Llanbrynmair Angling Club MO Management Objective MT Management Target MSW Multi Sea Winter NASCO North Atlantic Salmon Conservation Organisation NSB National Salmon Byelaws NNRP National Natural Resources Policy iii https://gov.wales/planning-inspectorate Return to Contents Report ENV/3209811 NRW Natural Resources Wales NWATFCC North West Angling Trust Fisheries Consultative Council PAAS Prince Albert Angling Society PaR Potentially at Risk PoE Proof of Evidence PIM Pre Inquiry Meeting RPoE Rebuttal Proof of Evidence RSA Restoring Sustainable Abstractions SAAA & CFF Swansea Amateur Angling Association and Carmarthenshire Fishermen’s Federation SAP Salmon Action Plans SAC Special Area of Conservation SrPoE Supplementary Rebuttal Proof of Evidence STCC Salmon and Sea Trout Conservation Cymru SoCG Statement of Common Ground SMNR Sustainable Management of Natural Resources SoNaRR State of National Resources Report SSAPRW A Strategic Assessment of Afforested Peat Resources in Wales and the Biodiversity TC Technical Case TUE Treaty of the European Union WFD Water Framework Directive The 1998 Ministerial Direction Direction The 1975 The Salmon and Freshwater Fisheries Act 1975 Act The 1991 The Water Resources Act 1991 Act The 1995 The Environment Act 1995 Act The The Planning Inspectorate Inspectorate The proposed The Wales Rod and Line (Salmon and Sea Trout) Byelaws 2017 and byelaws The Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017 The 1990 The Town and Country Planning Act 1990 (as amended) Act’ iv https://gov.wales/planning-inspectorate Return to Contents Report ENV/3209811 The 1990 The Planning (Listed Buildings and Conservation Areas) Act 1990 PLBCA Act The Habitats The Conservation of Habitats and Species Regulations 2017 Regulations The The Developments of National Significance (Procedure) (Wales) Order Procedure 2016 Order The WBFG The Well-Being of Future Generations (Wales) Act 2015 Act WG Welsh Government WM Welsh Ministers XX Cross Examination v https://gov.wales/planning-inspectorate Return to Contents Report ENV/3209811 Case Ref: ENV/3209811 • On 20 February 2018 under section 210 of the Water Resources Act 1991, Natural Resources Wales (“NRW”) submitted to Welsh Government (WG) an application for the confirmation of the Wales Rod and Line (Salmon and Sea Trout) Byelaws 2017 and the Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017 (hereafter referred to collectively as the proposed byelaws). • WG notified NRW on 8 August 2018 that under paragraph 2 (1) of Schedule 26 Water Resources Act 1991 an Inquiry would be held into the proposed byelaws. The reason given for instigating the Inquiry was to allow for independent scrutiny of the proposed byelaws and any evidence in support or objection to them presented by all parties, and to enable WG to reach a conclusion as to how best to proceed. Summary of Recommendation: That the proposed byelaws be confirmed. Procedural Matters 1. On 20 February 2018 under section 210 of the 1991 Act NRW submitted to WG an application1 for the confirmation of the proposed byelaws2. 2. I held a Pre-Inquiry Meeting (PIM)3 on Wednesday 7 November 2018. The PIM was attended by interested parties to the proposed byelaws including NRW and objectors. The purpose of the PIM was to help prepare for the Inquiry and to enable proceedings at the Inquiry to be conducted effectively and efficiently. The meeting was solely procedural and administrative in nature and there was no discussion of the merits or otherwise of the proposed byelaws. I explained that I would consider all of the written evidence provided prior to the Inquiry as well as any evidence heard at the Inquiry and afterwards prepare a report and make recommendations to the Welsh Ministers (WM’s) on the byelaws and advise whether the byelaws should be confirmed, confirmed with amendments or refused. 3. I identified one primary issue before the Inquiry as follows: “Whether the measures proposed under the Wales Rod and Line (Salmon and Sea Trout) Byelaws 2017 and the Wales Net Fishing (Salmon and Sea Trout) Byelaws 2017 are necessary, proportionate, and reasonable in view of fish stocks throughout Wales”. 4. At the PIM there was general agreement that this was the main issue. In light of the evidence I had seen prior to the PIM, parties were asked to consider within their evidence the need for the proposed byelaws in light of any technical and socio-economic considerations; the parties were also asked to consider other factors that may be relevant such as pollution and the enforceability of the byelaws. 1 CD APP 1-54.4 2 CD APP 51-54.4. In addition, refer to NRW/INQ/23 3 Refer to ID ID/1 for notes of the PIM that were circulated to interested parties. 1 https://gov.wales/planning-inspectorate Return to Contents Report ENV/3209811 5. The Inquiry sat for a period of 13 days in two blocks of time running from 15/1/19-1/2/19 & 5/3/19-7/3/19; oral evidence was heard from interested parties to the proposed byelaws including NRW, objectors and supporters4. 6. The Planning Inspectorate was appointed by WG to undertake a local inquiry in relation to the proposed byelaws. In the absence of specific legislation on the procedure to be followed the Inspectorate determined that it would apply the Town and Country Panning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017. The Inspectorate decided to apply these regulations to the Inquiry in view of its appointment and background (this was conveyed to those who attended the PIM). This procedure provided an opportunity to all interested parties to present their case to me, and for me to adopt an inquisitorial role in pursuit of the information necessary for my report. The Byelaws 7. The proposed byelaws are detailed in full in Inquiry documents Ref. CD APP/52 & APP/53. The proposed byelaws are time limited to ten years and will implement a number of measures. In summary, the byelaws propose the following measures: • Catch and release of salmon – a mandatory requirement that any salmon caught by rods and nets will be returned to the river; • Rod fishing method controls which introduce and require: (a) a ban on treble and double hooks on lures; (b) a ban on treble hooks with a gape-size larger than 7mm for flies; and (c) use of barbless and debarbed hooks only; • Ban on fishing for salmon with worm bait; • A seasonal restriction on the use of shrimp and prawn bait; • A slot limit of 60cm for rod-caught sea trout; • Net fishing season changes (variable according to specific rivers); and, • Additional control measures are proposed to protect sea trout stocks on targeted rivers where these are deemed necessary, including statutory C&R fishing in the period when net fishing is constrained each year until 1st May, and method controls on bait before 1st May. 8. The proposed byelaws were informed by a detailed technical case (TC)5, and subject to a consultation process6. As a result of the consultation process amendments were subsequently incorporated into the proposed byelaws that NRW seeks to be confirmed. 9. During the course of the inquiry it became apparent that the proposed byelaws contained a drafting error which related to a prohibition on fishing for brown trout with a worm in addition to a number of minor typographical errors7. Bearing in the mind the prohibition on fishing for brown trout was clearly referred to in error and was not the intended effect 4 A list of those who presented evidence is included at Annex A of this report 5 Refer to CD APP/4 6 Refer to CD APP/6-13 7 Refer to ID NRW/INQ/23 2 https://gov.wales/planning-inspectorate Return to Contents Report ENV/3209811 of the byelaws, and would significantly disadvantage anglers, and the minor non- substantive nature of the typographical errors, I do not consider any prejudice would arise in the WM’s considering the proposed byelaws in light of these matters.