Spey Fishery Board Strategy & Management Plan Public Consultation 2024

I have been asked to share this so here are my answers to their questions.

The Spey District Salmon Fishery Board finds itself with an opportunity, with the resignation of its Director of 18 years, to look to its future and wishes to consider, along with its stakeholders, how it might operate going forward.

Regulatory and Legal Framework:

The Spey Fishery Board (SFB) is a Statutory Body established under the Salmon Fisheries legislation of the 1860s, as amended and outlined in the Salmon Act 1986 and the Salmon Conservation (Scotland) Act 2001. These laws were consolidated into the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, which has since been modified by the Aquaculture and Fisheries (Scotland) Act 2013.

Legislation empowers the SFB to take necessary actions to safeguard, improve, and preserve Atlantic Salmon and Sea Trout populations and fisheries. The SFB oversees the Spey Fishery District, which comprises 52 rod fisheries along the Spey River and its tributaries. This area encompasses 107 miles of the main river, around 560 miles of primary tributaries, and 20 miles of coastline in the Moray Firth, stretching from Lossiemouth to Cowhythe Head. Additionally, the District extends three nautical miles into the sea.

By an act of parliament, River Boards were established after the Government was convinced that the most suitable individuals to manage Salmon and other Migratory Fish in a river system were those who had a vested interest in the economic aspects of the fish, namely the river and nets-men proprietors. The Government delegated to the River Boards the authority to generate revenue by enabling them to impose a compulsory Assessment that proprietors pay instead of Business Rates, and also granted them the ability to authorize Bailiffs with arrest powers.

Over the period since the introduction of this legislation the understanding of fisheries management has changed beyond recognition, not only with the knowledge gained in-river and in the Marine environment, but also with the other stakeholders involved.

Government Recognition of Wild Atlantic Salmon in Peril: Status & Scottish Government Strategy

On 11th December 2023, the COP28 UN Climate Conference released the updated International Union for the Conservation of Nature (IUCN) Red List of Threatened Species. It showed that Atlantic salmon in Great Britain are now officially an Endangered Species.

The Scottish Government published its Wild Salmon Strategy on 14th January 2022. It sets out a bold vision for the management of wild salmon from now until 2030, addressing the 12 pressures on salmon, together with the Government’s international obligations and legal requirements. You can see this at the link below:

https://www.gov.scot/publications/scottish-wild-salmon-strategy/

These 12 identified pressures are:

-       Exploitation

-       Predation

-       Disease & Parasites

-       Sea Lice

-       Genetic Introgression

-       Invasive Non-Native Species

-       Water Quality and Quantity

-       Thermal Habitat

-       Instream & Riparian Habitat

-       Obstacles to Fish Passage

-       Marine Development

-       High Seas

To address these, 5 Priority Themes for Action have been identified. These are:

i. Improving the condition of rivers and giving salmon free access to cold, clean water.

ii. Managing exploitation through effective regulation, deterrents, and enforcement.

iii. Understanding and mitigating pressures in the marine and coastal environment.

iv. Making a positive contribution through international collaborations.

v. Developing a modernised and fit for purpose policy framework.

Long before the creation of the Government Strategy, the Spey Board was ahead of the game, creating, in 2003, together with Scottish Natural Heritage (now NatureScot), The Highland Council, and SEPA, a Catchment Management Plan, which looked at the interaction of different environmental objectives and river and water users, such as agriculture, forestry and distilleries.

The Spey Board, understanding the importance of the management of the whole catchment to Salmon, pushed for a review of the Catchment Management Plan which led to the formation of the Spey Catchment Initiative (“SCI”). This is an organisation which is a more politically acceptable vehicle for Government, private individuals and other charitable organisations to contribute to, for the benefit of the wider catchment, its habitat and its restoration.

The Spey Board supported this organisation and indeed gave it a home, with administrative and management support, recognising that good management of the habitat has always been to the benefit of our migratory fish. The Board assisted in like-for-like funding by contributing significant time of its staff to work with the SCI and by assisting with implementing projects within the catchment that are publicly and privately funded out with the Board’s Assessment. 

More recently the Board supported the transition of the SCI to become a Scottish Charitable Incorporated Organisation (“SCIO”). Roger Knight, our current Spey Board Director, who has been instrumental in the development of the SCI, is to become its CEO to manage this new catchment-wide initiative, which now involves a huge range of partners from local authorities, SEPA and NatureScot, Scottish Forestry, distilleries and many other organisations.  The actions of the SCI will hopefully benefit salmon, but the SCI will have no mandate or responsibility for salmon. That remains with the Board.

Atlantic salmon have seldom been at such risk and are now designated as an endangered species, at risk from pressures from the marine environment and in-river, as listed above.  The Government has recognised this for some time and introduced a Wild Atlantic Salmon Strategy in 2022. This is an excellent start, but its implementation needs to pick up pace.

The Government is also under pressure from our national and international partners to take action in the marine environment and to provide funding to this end. The Scottish Government has implemented the UK’s ban on sand eel fishing in UK territorial waters. Although currently subject to legal challenge from Denmark and France, the agencies which brought about this ban (many, but mostly the RSPB and The Blue Marine Foundation), are confident that the ban will stand, which would be hugely beneficial to our migrating smolts.

These are hugely positive steps in the right direction in achieving the 5 Themes for action above. We currently seek to help where we can. whilst recognising the limitations of our influence and funding.

With the creation of the SCI, and a change of Director, the Board now wishes to canvas views as to what you, our stakeholders, want and expect from the Board and now asks for your responses in the following questionnaire. Please click 'next' below to answer the first question.

Strategy:

The Spey Fishery Board’s mission statement is to “maximise the number of smolts reaching the sea.” Its Strategy states that, “The Spey Fishery Board’s statutory responsibilities have always been at the heart of all that we do. We will work tirelessly to implement the Scottish Government’s Wild Salmon Strategy, in order to enhance, conserve and protect Atlantic salmon and sea trout stocks throughout the River Spey Catchment.”

Do you agree with the Mission Statement and Strategy? *

Yes

If you do not agree, what would you prefer to see?

Protection and Law Enforcement:

One of the primary responsibilities of a District Salmon Fishery Board is the protection of the catchment from illegal fishing. The Spey Fishery Board employs three full-time Water Bailiffs to protect the 3,000Km2 of the Spey catchment from illegal fishing. They also provide a significant deterrent. The Board have a “RIB” which patrols the 60 square miles of coastline, seeking illegal nets. This team is reinforced by the Hatchery Manager between April and September when the hatchery is empty. Each season they respond to circa 30 reported incidents of illegal fishing on our rivers, resulting in on average 15 arrests and seizures of fishing equipment, and several successful prosecutions through the Procurator Fiscal. In concert with Police Scotland, who have limited resources, we propose our Water Bailiffs will continue to vigorously deter and prevent illegal fishing within the River Spey, its tributaries and along its coastline, in order to protect our iconic fish. 

Do you believe this should continue as one of our roles?  *

NO

How could we improve our work on this?

Predation Control:

(a)  Fish-Eating Birds & Fish:

Each year, the Board’s staff conduct four counts of fish-eating birds such as Goosanders, Mergansers & Cormorants. These counts cover 90Km of the mainstem River Spey, now supported by a team of volunteers who conduct simultaneous counts on the River Avon. The data collated is used to apply for a licence to shoot a limited quota of these fish-eating birds as part of a broader policy of shooting to scare. Agents, including ghillies, proprietors, factors and the Board’s staff are subsequently licensed to conduct this shooting and scaring. Furthermore, we are working with the Scottish Government and their advisers to improve the management system for reducing the impacts of fish-eating birds, including a review of the licensing system. We also propose to work to mitigate predation by other fish.

Do you support this approach? *

No

If not, what would you like to see?

Given this strategy has existed for 25+ years Its obviously not working. Given that salmon are now deemed as "endangered" It seems ludicrous to me that a non indigenous bird such as the Goosander still remains protected. This is a joke and need some people with balls to fight it. I'd like to see the fishery board take up a legal challenge in court, utilising the data collected along the fact that, throughout evolution, our salmon here in Scotland never had to deal with this "killing machine"

(b)  Seals:

We also, each year, apply for a licence to manage a limited number of specialist seals which enter the freshwater River Spey from the marine colonies to predate on our Atlantic salmon and sea trout. The licensing system for seals has changed in recent years, following new legislation and made it much harder to obtain a licence. Despite working closely with the Scottish Government and its agencies, our licence applications continue to be rejected. We have tried very hard, including utilising pro bono advice from a leading KC, to reverse the decision. However, in spite of the ongoing challenges to obtain a licence, we propose to continue our work to actively manage the impacts of seals in the River Spey, including the trial of portable Acoustic Deterrent Devices.

Do you wish us to continue with this lobbying?   *

Yes, However -

If not, what would you like to see?

Why is it hard to get a licence to protect salmon from those in fresh water? Again, balls is required and we need to fight this in court to protect, not just salmon, but the interests of those relying on them. Youtube needs to be used to get, not simply the views of a few rich salmon fishing people [perceived], but the view of everyone in the rural community.

Stocking:

The SFB proposes to continue to fulfil its statutory duty to consider stocking and to undertake mitigation stocking above man-made barriers. We have maximised the capacity of our hatchery and The Board seeks to give the natural population a helping hand wherever we are allowed to, although this is restricted to areas that are not accessible to natural spawning. To do this, we require a Broodstock Capture Licence to be issued by the Scottish Government and taking broodstock amidst low catch numbers is becoming increasingly difficult. We need to demonstrate that we comply with the Government’s Stocking Policy in order to be successful with our licence application. This policy only allows us to stock salmon eggs and unfed fry, rather than the fed fry/autumn parr we used to stock, although it is currently under review by the Scottish Government as part of its Wild Salmon Strategy. Our Hatchery operation at Sandbank costs the Board circa £60,000 per annum and in due course, in addition to our current mitigation stocking, we may also need a programme of restoration stocking above Spey Dam.

Do you support this approach?   

No  

If not, what would you like to see?

Stocking those fish at this size is a joke and doomed to fail. Every stocking strategy I've ever seen on the Spey has doomed to fail because this was its original purpose. We need to get people with a successful background in hatcheries in to do this job properly. Stocking using this method WILL fail as it always has. Get those people involved in making this legislation in court and answer questions as to why? Those people are the real enemy of salmon fishing and need to be treated as such. Every beat should have a small hatchery to back up and mitigate against everything against our fish returning to the ocean right now. Those fish need to be introduced as smolts so they spend as little time as possible in the main river.

The challenges of taking broodstock fish have led the Board to trial the conservation translocation of additional salmon eggs into our tributaries through Smolt to Adult Supplementation, as a means to boost the number of eggs deposited within the catchment, without removing adult fish for use as broodstock. Salmon smolts are captured instead and taken into a hatchery at Lochaber which is experienced in this process, to be reared on to adult fish. Eighteen months later, when these fish have become grilse, they are stripped of their eggs and those eggs are stocked back into the river from which the smolts had been taken. The grilse are then returned to the hatchery for another year, after which they are returned as two-year-old adult fish to the river from which they had been taken as smolts, so that they can spawn naturally. The cost of this amounts to less than £16,000 per annum. In due course, once we fully understand this process, we aspire to continue this operation in-house at the Board’s own Hatchery at Sandbank.

Do you support this new approach? 

No    

If not, what would you like to see?

Just get some smolts in each beat instead. The above will also prove to be a waste of time and effort because nowhere where eggs has been used for stocking [Atlantic salmon in Canada back in the 80s]. Late parr and Smolts are the only stocking methods that will not waste the eggs of our valuable adult salmon. Anyone looking on who knows anything about it knows this to be the case. I'd bet my house and pension on the fact that this won't help and will be another in the long line of "projects" to achieve net zero!!

Water Quantity and Quality:

We are committed to maximising the quantity and quality of water throughout the Spey catchment and to reducing the significant water diversions made from the top of the catchment for the generation of hydro-electricity through our “Release the Spey” campaign. This will make flows in the River Spey more sustainable and resilient to the impacts of climate change. We also continue to work to alleviate fish passability issues at Spey Dam. Improvements have been made which are scheduled for completion during summer 2024 and we are also now monitoring smolt movements through the reservoir and fish pass, working with and under contract to the Dam’s owners. We shall then work to resolve issues with the Dam’s offtake and at the adjoining Markie Burn.

We are trialling improved methods of monitoring water quality and temperature using mobile water quality sensors, so as to detect pollution events and ensure our stocks of Atlantic salmon and sea trout are provided with cold, clean water in which to thrive.

Do you support this approach?      *

Yes and No

What else would you like to see us do?

A good initiative that has the potential to get the public behind the plight of the salmon. Unfortunately not enough has been made of this. Your PR is barking up the wrong tree and non existant. No out of the box thinking as part of your overall strategy. In fact your strategy suggests to me you don't really know the potential value of getting this right.

Barriers to Salmonid Migration

We are committed to the opening-up of new spawning opportunities by removing or mitigating barriers to fish passage, including the removal of dams, thereby restoring natural river processes and improving in-river and bankside habitat.

Do you wish us to support this approach?      *

No

What more would you like to see us do?

In the wide scheme of things there is plenty spawning ground not being used right now. With regard the problem salmon no face, this could only be gauged on a 1 to 100 ratio, such is the level of unimportance. At this time its time and money wasted.

Habitat Enhancement: 

We have worked with the SCI to work together with partner organisations for the delivery of the Spey Catchment Management Plan, including habitat enhancement for Atlantic salmon and sea trout. The SCI has become a highly successful public/private partnership involving 16 member organisations The SCI has adopted a broad, holistic approach to catchment management, including river restoration, peatland restoration, tree planting and carbon sequestration. This will create landscape-scale changes. These aim to ensure the sustainability and resilience of the River Spey to the climate and biodiversity emergencies confronting us. Much of the SCI’s work will benefit salmon indirectly, and the organisation is already attracting significant public and private corporate investment to achieve its aims. The SCI will be absorbing many of the SFB’s previous projects in this field. The SFB however, through the Assessment, would like to consider, initially, making a grant of £50,000 per annum to the SCI to help improve riparian habitat for Atlantic salmon.

Would you support this grant? *

No

Are you able to help the SCI with its work? *

No

Are there specific projects or works you would like to see undertaken?

I said yes to the above because, in principle, I agree with this, however, how important is is at this point in time, on a scale of 1 -100 maybe 2. I say 2 because we are fighting a short game for salmon right now. This " may" [doubtful for me] help 100years from now. As Bob Geldof said, we need proper action NOW!

Scientific Research & Monitoring:

The Board’s small Research Team (two full-time employees, supported by a seasonal assistant) conduct electrofishing to check the health of the river by monitoring the young fish populations, and to provide scientific evidence to back up our positions.

(a) The SFB has compiled a unique and extensive profile of our fish populations over 10 years which now enables the Board to monitor just one third of these sites each year, by rotation. This highlights areas that need help, provides the scientific evidence we need to inform the Government’s regulators and helps protect the river from harmful developments.

(b) The Spey Catchment Initiative has asked if the Board will conduct electrofishing before project implementation to establish a baseline, and for some year’s afterwards to monitor outcomes. This will usually be under contract, to enable the Board to recover its costs.

(c) The Board is asked by the Scottish Government to conduct electrofishing as part of the National Electrofishing Programme Scotland, which is part of the Wild Salmon Strategy. This is done under contract and is fully funded by the Scottish Government.

(d) The Board’s Research Team also work to develop our knowledge of the in-river and coastal migration undertaken by Spey smolts and our understanding of invertebrates. They shall also be monitoring any impacts beavers might have on our salmon and sea trout, so that we can take timely mitigating action if and where necessary.

Do you support the Board’s approach? *

No

What else would you like to see us do?

I don't see why we need to electro fish each year. What has this done to help salmon over the past 20 years?? It "provides scientific evidence". What does anyone do with this evidence? Do we need it every year? Surely not. You are bound to have a good working picture of whats good bad or indifferent now. I remember in the mid 90s saying that we needed those because we had no benchmark, all we had at this time was anecdotal but now it seems It done as a matter of course rather than achieving anything worthy of note.

Invasive Species Removal:

Entirely funded by NatureScot, the SFB employs a Project Officer for the Scottish Invasive Species Initiative, who is dedicated to the identification and control of invasive non-native species along the River Spey and its tributaries. These invasive species include American Mink, plants such as Giant Hogweed, Japanese Knotweed, Himalayan Balsam, White Butterbur and Ranunculus and, more recently, Pacific Salmon. These species de-stabilise riverbanks and reduce fly life if left in place. We will continue to support this work and help establish a sustainable means of identifying and removing invasive non-native species, with costs met by NatureScot.

Are you able to help us with this? *

No

Are there specific projects or works you would like to see undertaken?

The only invasive species removal I'd help with are Killing every non native Goosander and Managing invading Seals. The former shouldn't be here and predates heavily on endangered salmon. Seals should be in the Sea, not fresh water, the clue is in the first 3 letters of their name! Any seal found in fresh water should be shot in the name of Salmon Conservation. See question above about better people with a bigger set required.

Education: 

This is a requirement for the Board’s charitable sister organisation, the Spey Foundation, and is sponsored by Walker’s Shortbread. The Board, with assistance from volunteers, runs a highly successful “Salmon in the Classroom” programme in local primary schools. This teaches young people about the life cycle of the salmon, its value to the local economy and the issues affecting our iconic fish. We hope to continue this work, which receives more requests each year from primary schools than we are able to fulfil. We also help to promote introductions to angling in order to recruit and retain new anglers.

Are you able to help us? *

No

How could we improve our work on this?

I'd like to but wont for this particular thing because I don't see it as having much to do with angling. If it was/did then for sure I'd help. At this time like so many of those things, its a box ticking exercise. I'm involved with a fishing brand. One of the reasons I got involved in this was to give something back. At this time they donate 5% of every sale to Get Hooked on Fishing https://ghof.org.uk/ A charity that "encourages" angling in all shapes and forms. Get more fish back in the river and get them out with a worm. That I'd support.

Social Media: 

The SFB has developed this in recent years, including the use of a drone and short film footage, to promote greater understanding of what we do and why we do it. This is funded by the Spey Foundation and not currently by the Assessment. It has resulted in significant increases in online followers and has been well received.

Do you support the continuation of this? *

No

Are you able to help us with this?

100% Its a great idea. But where are your followers. I typed in "Spey Foundation Drone" into Youtube, the second biggest search engine in the world and got no footage. I couldn't even find your page! Where are you sharing this?

Lobbying:

The SFB works independently and in close collaboration with its representative body, Fisheries Management Scotland ("FMS"), to lobby the Scottish Government and its agencies (particularly SEPA and NatureScot) in pursuit of the Board’s strategy. The Chairman of the Spey Board sits on the FMS Board. We propose to continue to have our views robustly represented to the Scottish Government its agencies and local authorities.

Do you support this? *

NO

How could we improve our work on this?

I feel FMS need to up their game with those organisations and the government. The have done little to help with anything that I can see over the past 20 years. Very poor people. Employ better people that understand the bigger picture and tell a story about the salmon that the public can relate to.

The Marine Environment

It is now widely known that 30-40 years ago, from the millions of smolts that left Scotland’s rivers to begin their epic migration at sea, about 25% would return as adult fish. Now, it is circa just 2%. Whilst the marine environment is largely out with the remit of District Salmon Fishery Boards, it is nonetheless where many of the Atlantic salmon’s problems lie, and yet there is still little evidence to prove what those problems are.  We have in the past supported the Missing Salmon Alliance, which is working on marine issues (see The Missing Salmon Alliance here) by providing personnel to assist with smolt migration projects. Should the Spey Fishery Board make a donation to the Missing Salmon Alliance, on behalf of proprietors via the Assessment, or leave it to the conscience of individuals?

Would you be keen for the Board to support financially?     *

No

What else would you like to see us do?

No, personally I won't offer any financial support to this or any other scheme because I know it would not help. Please publish the data which states that 25% of "Scotland's" fish returned in the past and only 2% now. Although there will be "evidence" from a small sample from one river, I'm not sure about this figure and the value of publishing it. It would seem like scaremongering to me. That not to say however, I don't believe less are coming back. I'd just like to scrutinise the data.

Any Additional Comments?

Although my answers won't be the most appealing to you, I applaud you for putting together this document. It's good to see the board moving i the right direction on this and, unlike during my time ghillying on the river, actually placing value on the views of people other than Scientists or others who were seldom even on it. For the record, It's my belief that the best people to be running salmon fishing in Scotland are those with the greatest interest in it. At the top of this are Wealthy Proprietors, as they have the financial wherewithal to deal with hard times like now. Ghillies, as they have a better idea of what's happening [Numbers of fish, Predators, Juveniles, fishing effort], on the river than anyone. Its time people trusted them more. Local Business owners, Although this is less so now as, Quite rightly so, businesses have diversified e.g. When I begun Ghillying in 1985, most [95%] of guests visiting The Dowans Hotel were fishing and shooting groups, now that figure is 5%. The fishing shop in Aberlour is no more. To encourage youngsters We need more fish in the river. No young people want to fish when there's nothing visible to catch. Most people come to Salmon fishing in the late 30s and early 40s anyway. This should be the target group. There are too many rods fishing the river now and the whole business is becoming a rase to the bottom. How cheap can we make our product! OMG, its salmon fishing on the Spey we are talking about, not a dammed Washing Machine from EBay for god sake! What price would you guys put on a Salmon? Does anyone there know? More and more people are becoming far too focused on Biodiversity and the Upper Catchment. Yes, its easy to attract funding for such initiatives but come on guys, everyone knows this is a mega long term project. We need to start talking about the Salmon Fishery, its people, its history and culture, the great infrastructure we have in Speyside, everything supporting Salmon Fishing this attracts anglers from all over the globe. Get a grip guys!

Those were my views. Get your own views across here https://riverspey.org/news/spey-fishery-board-public-consultation-2024/