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October 26th 2001
PAC Response to Scottish Green Paper

You can read the PAC response here


October 24th 2001

Proposed byelaw changes in Cumbria affect rights of pike anglers

The Environment Agency (North West Region) has given notice of its intention to seek confirmation of amendments to Byelaw 18, which deals with the bait that can be used when fishing certain waters and at certain times.

The following extract is of particular concern to predator anglers:

Section 1

In or on the following named lakes:-

Windermere, Coniston, Wastwater, Ennerdale Water, Crummock Water, Buttermere, Loweswater, Bassenthwaite, Derwentwater, Brotherswater, Ullswater, Red Tarn, Haweswater and Thirlmere;

(a) Use of any dead or alive freshwater fish, salmonids or eels as bait is prohibited ; and

(b) possession of any live or dead freshwater fish, salmonids or eels with the intention of using them as bait is prohibited.

PAC raised a number of objections to these proposals in December 2000, during the informal consultation process. The EA has failed to acknowledge our concerns and no attempt has been made to address the objections raised.

Briefly, these objections are as follows:

    • The use of both live and dead fish for bait are established, legal angling methods.
    • The use of natural fish baits is highly effective for pike, perch and zander, and is also employed for wels (European catfish), eel, chub and - where permitted - trout.
    • It is significant that Section 3 of the same Byelaw proposes that:

During the period from and including the 15th day of March to and including the 15th day of June in any year in rivers, streams and those parts of rivers canalised for navigation:

(a) fishing will only be allowed with minnow, worm, shrimp, prawn or artificial flies or lures.

    • If it is acceptable to use minnows for bait in rivers and streams, presumably on the basis that they are indigenous to those rivers and streams, and are caught from the venue being fished, then there is no reason why it should not be acceptable to use those resident species which are readily available on the 14 waters listed in Section 1 (a) for bait (either live or dead).
    • There appear to be no documented instances of British freshwater fisheries where the capture and removal of fish for bait has caused significant depletion of the fish populations.
    • There has never been a single documented case where the use of live fish baits has resulted in the spread of diseases or parasites.
    • There is no evidence to suggest that the introduction of dead fish baits poses any realistic threat in relation to the spread of diseases or parasites. Any such diseases or parasites die with their host, hence the Environment Agency insists upon live fish for the purpose of health checks.
    • Despite this, the proposals in relation to Byelaw 18 imply that disease might be transferred through the use of dead freshwater fish, salmonids and eels for bait.
    • The use of live bait in non-donor fisheries is regarded by the Environment Agency as a transfer of fish, subject to written consent in accordance with Sec. 30 Salmon & Freshwater Fisheries Act 1975. The Agency is at liberty to exercise its existing powers in declining to issue Sec. 30 Consent for the introduction of live fish for bait in the 14 lakes listed.
    • The 14 lakes listed contain rare indigenous species (vendace, arctic char and schelly). In order to ensure the long term conservation of these species, the Environment Agency should consider the prohibition of the use, or possession of these species for bait.
    • An effective 'blanket ban' on the use of live or dead freshwater fish, eels and salmonids for bait in the 14 lakes listed, would place severe and quite unreasonable restrictions on the lawful activities of predator anglers, activities which represent no environmental threat whatsoever.
    • A 'blanket ban' would be no easier to enforce than the existing Byelaw.

If this Byelaw is confirmed, the long term implications for predator angling are extremely serious. It is vital that anglers stand together on this issue and make their objections heard. You have until December 3rd to write to:

Department for the Environment, Fisheries and Rural Affairs
Room 308
Nobel House
17 Smith Square
London
SW1P 3JR

Letters must be copied to:

Mr J Cracken
Regional Director
Environment Agency
Richard Fairclough House
Knutsford Road
Warrington
WA4 1HG

Mark Leathwood
General Secretary, Pike Anglers Club of Gt. Britain.

We have prepared two letters which you can print out, sign and post to the two addresses above. It is important that you send these letters to BOTH parties. To find these letters please use these links: letter to DEFRA and letter to Mr J Cracken (These letters are still on-line at the above links for reference purposes)


Working closely with PAC, and after discussions with the Environment Agency the Specialist Anglers Alliance have issued the following statement:


SAA Press Statement

North West Region of the EA Byelaw Proposals-

"WE OBJECT MOST STRONGLY"

The Specialist Anglers' Alliance (SAA) has been inundated by calls from irate members who are livid at the proposed byelaw changes to outlaw the use of live and dead salmon, trout, eels and freshwater fish in 18 lakes in the North West Region of the Environment Agency. The SAA ­ which represented the interests of tens of thousands of specialist anglers ­ is opposed to the move which it believes is illogical, discriminatory and unenforceable.

Speaking for the Alliance, Chris Burt, commented:

"While our full response is being prepared, we would like to specifically centre on the ludicrous proposal to ban freshwater dead-baits.

"We heard first from the NW Region RFERAC (the advisory body, ironically made up of other anglers) that:

"I am not sure if  "deads" as they seem to be called can or cannot carry disease.  I suppose that might depend on how long the deads have been dead and where they originated from. And if we don't know the answers to those questions then I believe that on our precious Lake District waters I would prefer to err on the side of caution."

"We are appalled to see such a rationale advanced as the excuse to ban freshwater dead-baits. The EA's Fisheries Department Head Office - based at Bristol - considered the risks posed by dead-baits and came to the conclusion that the risk of disease transference was so small that there is no possible case to answer. So we now have the ludicrous prospect of the NW Regional Byelaw on dead-baits being opposed by its own head office!"

Chris continued:

"The official North West Region argument is that:

"The inclusion of a ban on the use of dead freshwater species as bait is primarily on the grounds of enforcement. It is intended to prevent anglers escaping prosecution for possession of live bait by killing them when approached by fisheries officers".

"Not content with trying to outlaw the legal and long-standing method of live-baiting, the NW Region now advances the argument that since they are not prepared to police their own highly contested regulations, they want to ban yet another legal method, the use of dead-baits. This beggars belief, and it is a sad contradiction of the EA's statutory duty to "maintain, improve and develop fisheries" (Section 28 of the Salmon & Freshwater Fisheries Act). Some misguided people may argue that, by conceding the right to use live-bait, the antis will leave us alone. Fundamentalist groups such as the People for the Ethical Treatment of Animals (PETA) want to see all angling banned, not just part of the sport. Appeasement here will never help us."

Chris was adamant that the byelaw was unnecessary::

"Like so much else that is contained in this partisan and ill conceived byelaw proposal, the North West Region of the EA has failed to take account of the facts. The SAA has held regular and constructive meetings with senior staff of the Environment Agency Fisheries Department for the last eight years. We would hope that through discussion this issue can be resolved speedily and satisfactorily."

To give your support to stopping these byelaws do please send the two letters objecting to the proposals, which you will find on this website accessible from these links: letter to DEFRA and letter to Mr J Cracken (These letters are still on-line at the above links for reference purposes)

SAA, 31st October, 2001


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