The new byelaws agreed by the Environment Agency will protect salmon and sea trout in the English parts of the Wye and Dee. It is in place until 31 December 2029.
The byelaws mirror those introduced earlier this year by Natural Resources Wales (NRW) and confirmed by Welsh Government which came into force on 31 January 2020.
This means the fish will be protected throughout the two rivers.
The byelaws now require all salmon caught on rod and line on the Rivers Dee and Wye must be released alive with minimum injury and delay.
New controls on angling methods such as the use of barbless hooks and restrictions on certain baits will be implemented, and are intended to improve the survival of released fish so that they can contribute to spawning stocks. These are detailed below
Measures confirmed to help protect sea trout in many rivers in Wales will also apply to the Dee and Wye: all rod-caught sea trout over 60cm must be released alive.
On the River Wye the new measures should be considered alongside the extensive catch controls that have been in place since 2012. NRW and the Environment Agency will be reviewing these measures and will formally consult on any new regulations in due course.
New controls on angling methods:
The text of the byelaws and statement confirming them are below. Pdf downloadable versions of these documents are in the related documents section below.
Both the Rivers Dee and Wye have continued to see salmon stocks decline in recent years despite significant efforts by all interested stakeholders to improve their status. The extent of the decline is such that stocks are now approaching unsustainable population levels.
The measures seek to maintain the economic value of salmon rod and line fisheries to the local rural economy whilst maximising the opportunity for wild adult salmon spawning. It is hoped in turn that this will increase the future numbers of returning adult salmon to these river catchments.
On the River Dee, sea trout stocks have also declined in recent years and why a maximum sea trout landing size has been agreed.
In 2017, the Environment Agency, working with National Resources Wales (NRW), formally consulted upon a suite of byelaw measures designed to improve the level of protection afforded to vulnerable salmon and sea trout stocks on the Rivers Dee and Wye which span both the English and Welsh Borders. More details on this are below.
The proposed measures required 100% catch and release of salmon by rod and line angling as well as implementing angling methods that seek to maximise the survival of any salmon that are caught and released.
The Defra Fisheries Minister, RH Victoria Prentis, MP, confirmed the proposed byelaws on 8 June. They will expire on 31 December 2029. These byelaws will replicate the ‘Cross-border rivers Dee and Wye in Wales’ byelaws made by NRW and confirmed by Welsh Government which came into force on the 31 January 2020.
When NRW was established 2012, it was agreed that lead responsibility for the management of migratory salmonid stocks and fisheries within the River Dee and Wye would sit with NRW. The Environment Agency would continue to take the lead for the management of migratory salmonid stocks and fisheries within the River Severn Estuary and River Severn catchment. This is recognised through a formal memorandum of understanding between NRW and the Environment Agency.
The two organisations collaborate closely with respect to the management and regulation of all migratory salmonid fisheries operating within the Cross Border river catchments (Dee and Wye) and the River Severn.
It was agreed that NRW would lead the development of a suite of rod and line fishing protective measures for the cross border rivers (Dee and Wye).
The statutory consultation for the Cross Border rod and line fishing byelaws was launched by both NRW and the Environment Agency on 13 November 2017 and ran for a period of 12 weeks before concluding on 5 February 2018.
Both organisations launched complimentary consultations for the same byelaw measures to ensure there was a consistent suite of measures applied across both catchments.
The Cross Border rod and line (salmon and sea trout) byelaw as made and sealed by NRW and the Environment Agency was formally advertised within the London Gazette. The consultation was also promoted through presentations to key Local Fisheries Groups, by e-mail to all migratory salmonid licence holders and netsmen for whom contact details were available, by letter to angling retail shops, and to all Assembly Members in Wales and MPs in England. It was also featured on the NRW website and local and regional advertising.
Following consideration of the cross border rivers byelaw consultation responses by both NRW and the Environment Agency, and the findings of the NRW Local Inquiry into the All Wales Salmon and sea trout fishery protection Byelaws in 2019, the final suite of proposed Cross Border, Dee and Wye salmon and sea trout protection byelaw measures were considered by the respective Welsh Environment Minister and Defra Fisheries Minister in England in early 2020.
After considering an application made by the Environment Agency, the Under Secretary of State, Department for Environment, Food and Rural Affairs (Defra) has confirmed the Cross Border Rivers Rod and Line (Salmon and Sea Trout) (England) Byelaws 2017 subject to the modifications described for 10 years. The Cross Border River Rivers Rod and Line Dee and Wye (Salmon and Sea Trout) (England) Byelaws 2017 came into force from the 8 June and will be in place until 31 December 2029.
The long delay in confirming the Cross Border rod and line fishing Byelaws in both England and Wales, following formal advertisement in 2017, has reflected the need to await the outcome of the Welsh Local Inquiry into the ‘All Wales’ rod and net fishing byelaws that was called by Welsh Government. This Inquiry was held between January and March 2019 and the Planning Inspectorate reported upon the outcome of the Welsh Local Inquiry on the 16th July 2019.
The Inspectorate upheld the justification and need for mandatory protective measures to protect both salmon and sea trout from rod and net fishing activities in Wales. The formal publication of the Planning Inspectorate findings subsequently resulted in the Welsh Minister confirming the “All Wales” rod fishing byelaws with a commitment that they would come into force on the 1st January 2020.
An emergency byelaw was introduced to protect this salmon population after a review of data showed a significant reduction in salmon stock levels in the Severn. Numbers for the rivers Wye and Usk were also extremely low (rivers which Salmon from the Severn estuary migrate to).
The Cross Border byelaw is only one part of the Environment Agency’s and Natural Resources Wales larger national programmes to protect salmon stocks which have declined to unsustainable population levels in many rivers. Other actions taken by the Environment Agency and NRW and its partners include removing fish migration barriers, improving water quality and working with landowners to implement better agricultural practices and addressing unsustainable water abstractions.
We understand fishing (all methods - rods and commercial nets) is only one of a number of factors that have contributed to the decline in salmon stocks in the cross border rivers Dee and Wye; environmental factors at critical times in the salmon’s life cycle, such as recent floods, the warm winters, predation and barriers to migration, also play a significant part. Only by the use of immediate and robust action, with cooperation from others, can we contribute to improving the spawning population to aid the recovery of salmon stock in the Severn for the future.
THE ENVIRONMENT AGENCY
WATER RESOURCES ACT 1991
THE CROSS BORDER RIVERS ROD AND LINE (SALMON AND SEA TROUT) (ENGLAND) BYELAWS 2017
The Environment Agency in exercise of its powers under section 210 of, and paragraph 6(1)(b), 6(2)(b) and 6(2)(d) of Schedule 25 to, the Water Resources Act 1991 make the following byelaws.
Byelaw 1 – Title
These Byelaws may be cited as the Cross Border Rivers Rod and Line (Salmon and Sea Trout) (England) Byelaws 2017.
Byelaw 2 – Application
These Byelaws will apply to the Cross Border Rivers save where expressly stated.
These Byelaws will cease to have effect on 31 December 2027.
Byelaw 3 – Interpretation
In these Byelaws unless the context otherwise requires
(a) “Cross Border Rivers” means those parts of the River Dee and River Wye and their tributaries in England.
(b) “salmon” means salmon of the species Salmo salar and also includes part of a salmon.
(c) “sea trout” means any fish of the salmon family commonly known as trout or sewin, including migratory trout and also includes part of a trout.
(d) “bait” means worm, prawn and shrimp whether natural or artificial.
(e) “artificial lure” means any device, including spoons, spinners, wobblers and plugs, or artificial imitation fish baits made of any material which is designed to attract fish and which incorporates a fishing hook.
(f) “artificial fly” means a fishing fly that is primarily constructed from natural or synthetic fur and feather materials and which is designed to attract fish and which incorporates a fishing hook.
(g) Except as provided above, pr where the context otherwise requires, all words and expressions used in these Byelaws shall have the meaning assigned to them by the Salmon and Freshwater Fisheries Act 1975, the Water Resources Act 1991 and Environment Act 1995 or any statutory modifications or re-enactment thereof.
Byelaw 4 – Catch and release with rod and line (salmon)
Any person who removes any live or dead salmon taken by rod and line from the River Dee and its tributaries in England, without the previous written authority of the Environment Agency granted under paragraph 6(5A) of Schedule 25 to the Water Resources Act 1991, shall be guilty of an offence.
This Byelaw shall not apply to any person who lawfully takes a salmon and returns it immediately to the water with the least possibly injury.
Byelaw 5 – Size limit (sea trout)
Any person who removes any live or dead sea trout of a size larger than 60 centimetres with road and line from the River Dee and its tributaries in England shall be guilty of an offence.
The size shall be ascertained by measuring from the tip of the snout to the end of the tail.
This byelaw shall not apply to any person who lawfully takes any live or dead sea trout of a size larger than 60 centimetres and returns it immediately to the water with the least possibly injury.
Byelaw 6 – No bait fishing
(1) No person shall fish for, take or attempt to fish for or take any salmon from the Cross Border Rivers with rid and line by means of any bait.
(2) No person shall before the 1 May fish for, take or attempt to fish for or take any sea trout from the Cross Border Rivers with rod and line by means of any bait.
Byelaw 7 – Hooks
(1) No person shall fish for, take or attempt to fish for or take any salmon or sea trout with rod and line from the Cross Border Rivers except with barbless or de-barbed hooks.
(2) No personal shall fish for, take or attempt to fish for or take any sea trout with rod and line from the Cross Border Rivers by means of any bait furnished other than by a single worm baited on a single barbless or de-barbed hook with the gape of any such hook measured from the shank to the point restricted to 8 millimetres or less.
(3) No person shall fish for, take or attempt to fish for or take any salmon or sea trout with rod and lines from the Cross Border Rivers using a bait or artificial lure or artificial fly furnished with one or more treble hooks.
The Environment Agency for England (EA) has applied to the Secretary of State for confirmation of the Cross Border Rivers Rod and Line (Salmon and Sea Trout) (England) Byelaws 2017 made by the EA on the 8 November 2017.
The Secretary of State, with the consent of the EA, has decided to confirm the Cross Border River Rivers Rod and Line (Salmon and Sea Trout) (England) Byelaws 2017 subject to the modifications described in this Instrument.
In exercise of its powers conferred in paragraph 2 of Schedule 26 of the Water Resources Act 1991 and now vested in him, the Secretary of State confirms the Cross Border River Rivers Rod and Line (Salmon and Sea Trout) (England) Byelaws 2017 subject to the following modifications
Byelaw 1 – Title
In Byelaw 1, the words “(Dee and Wye)” shall be inserted after the word “Line”.
Byelaw 2 – Application
In Byelaw 2, for the second paragraph, substitute -
“These Byelaws shall come into force on 8 June 2020 and shall expire on 31 December 2029.”
Byelaw 4 - Interpretation
For the wording of Byelaw 3, substitute –
“In these Byelaws unless the context otherwise requires
Byelaw 6 - No bait fishing
For paragraphs (1) and (2) of Byelaw 6, substitute -
“No person shall fish for, take or attempt to fish for or take any salmon from the River Dee and its tributaries in England with rod and line by means of any bait PROVIDED that this restriction shall not apply to a person fishing by means of rod and line with a natural or artificial prawn or shrimp as bait from the 1 September up to and including the 30 September.”
Byelaw 7 - Hooks
For the wording of Byelaw 7, substitute -
" (1) No person shall fish for, take or attempt to fish for or take any salmon or sea trout with rod and line from the Cross Border Rivers except with barbless or de-barbed hooks.
(2) No person shall use more than one hook with a bait; artificial lure; or artificial fly on the River Dee and its tributaries in England unless:
(3) No person shall use more than one hook with an artificial lure; or artificial fly on the River Wye and its tributaries in England unless:
(4) No person shall fish for, take or attempt to fish for or take any sea trout with rod and line from the Cross Border Rivers by means of any bait furnished other than by a single worm baited on a single barbless or de-barbed hook with the gape of any such hook measured from the shank to the point restricted to 8 millimetres or less.
(5) No person shall fish for, take or attempt to fish for or take any salmon or sea trout with rod and line from the River Dee and its tributaries in England using:
(6) No person shall fish for, take or attempt to fish for or take any salmon or sea trout with rod and line from the River Wye and its tributaries in England using an artificial fishing lure
(including an artificial fly) furnished with one or more treble hooks EXCEPT an artificial fly with a gape of not greater than 7mm measured from the shank to the point.”
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