Severn Estuary Salmon Protection Emergency Byelaw

• All legal methods are allowed refer to https://www.gov.uk/guidance/national-rod-fishing-byelaws-for-england-freshwater-fishing-with-a-rod-and-line and https://www.gov.uk/guidance/regional-rod-fishing-byelaws-severn-trent-midlands
• Bait fishing (worming) is allowed. We would encourage anglers to consider other methods as chances of catch and release survival are reduced with bait fishing.
• We encourage when spinning and fly fishing to fish using barbless hooks, where possible. This is optional.
• Where possible we encourage when spinning and fly fishing to use single hooks to reduce unhooking and release times increasing chances of survival. This is optional
• Please handle all fish with care, minimise time out of water. If a salmon does not survive being caught and released it must not be retained. No person shall remove or retain a salmon this is a legal requirement of the byelaw.
• Are the rules the same in Wales? This extension to the Emergency Byealws are for the River Severn in England. A current National Resources Wales (NRW) Emergency Byelaw exists for the Severn in Wales please refer to https://naturalresources.wales/guidance-and-advice/business-sectors/fisheries/angling-byelaws/?lang=en and https://naturalresources.wales/about-us/news-and-events/news/natural-resources-wales-implements-emergency-byelaws-to-protect-salmon-on-the-river-severn/?lang=en

• Unprecedented extreme weather and flooding incidents within the River Severn and adjoining catchment areas from the end of January 2020 until very recently have delayed, interrupted and prevented progress in the development and discussion of longer term protection measures.
• Informal stakeholder consultation processes that are necessary to inform and develop future fisheries management measures have also been delayed by responding to these incidents.
• Re-scheduling these meetings has been interrupted and postponement is unavoidable due to the current Covid-19 guidance on group gatherings.
• We are committed to undertaking informal stakeholder consultation to inform the development of future fisheries management measures and are considering suitable methods of engagement.
• The additional time afforded by this extension will allow more thorough engagement.

• This byelaw was introduced as an emergency measure.
• The Environment Agency is sorry there was not more time to notify individual fishermen ahead of the emergency byelaw being issued.
• We attempted to engage with as many representative angling bodies and riparian owners as possible on the Severn in the weeks prior to implementation of the byelaw to discuss the latest issues regarding the salmon stock and the need for additional protection.
• Our decisions were not taken lightly and were evidence based.
• Throughout April and May 2019 we worked with Natural Resources Wales and the Centre for Environment, Fisheries and Aquaculture Science (Cefas) to reassess the salmon stocks and to implement the right measures to protect them.
• Our decision to make an emergency byelaw was also agreed at the highest levels of the Environment Agency.

• We use the predicted status of salmon stocks to decide on what measures we apply to manage fisheries to ensure that these stocks remain at sustainable levels.
• This prediction is based upon the overall performance of the salmon stock within the previous 10 year period.
• We also take into account other fishery and fish population evidence in determining the need for protective measures.
• The need for protective measures reflects the fact that we wish to ensure that we allow the salmon stock to recover over the coming years.
• On the basis of the Severn stock assessment calculations, the salmon stock was assessed to be “Probably at Risk” in 2023 and this suggested the need for protective measures to give this stock the best possible chance of stabilisation and recovery.

• We will not be able to reduce the cost of the rod licence, as it is simply an authorisation to use a fishing rod to catch salmon, trout and all other freshwater fish species.
• The licence provides an authorisation to use a fishing rod to fish for the species within the provisions of any regulatory measures that are designed to protect stocks to ensure that they remain sustainable.
• The rod licence does not provide anglers with the right to take salmon.
• The emergency byelaw still therefore allows you to catch and release salmon, but prevents you from taking them home.
• Our intention is to protect salmon fisheries to enable them to remain at healthy, sustainable levels in the future.
• We fully appreciate that the prevention in taking salmon may be frustrating and we are keen to ensure that any byelaws are only in place for as long as is absolutely necessary. We certainly do want to encourage fishermen to pursue their sport and enable local economies to still benefit from this important rod fishery.

Environment Agency

Water Resources Act 1991

Environment Act 1995

Salmon and Freshwater Fisheries Act 1975

SEVERN ESTUARY SALMON PROTECTION EMERGENCY BYELAW

The Environment Agency in exercise of its powers under Section 210 of, and paragraphs 6(1)(b) and 6(2)(c) of Schedule 25 and Schedule 27 to, the Water Resources Act 1991 and all other powers enabling it in that behalf, makes the following emergency byelaw for the protection and preservation of the fisheries within the River Severn and the River Severn estuary.

Byelaw 1 Application

This byelaw applies to the River Severn estuary and the River Severn as defined in Byelaw 2 below.

This byelaw shall come into force on 15 June 2019 and shall expire one year after the date when it first came into force.

Byelaw 2 Interpretation

In this byelaw-

“the Agency” means the Environment Agency;

“River Severn” means the area of the natural catchment of the River Severn and of all watercourses draining or flowing, directly or indirectly, into it, reaching an imaginary line drawn between Beachley Point (NGR ST 548 903) and Avonmouth (NGR ST 512 797) and which passes through both the Shoots (NGR ST 516 865) and a point offshore from Avonmouth (NGR ST 498 806) which are wholly within England;

“River Severn estuary” means all of the tidal waters of the Severn estuary upstream of the M4 road crossing in a direct line drawn from the high tide mark at Severn Beach in England (NGR ST53971 85851) to the foreshore near Sudbrook Point in Wales (NGR: ST50333 86895) and then upstream to the tidal limit at Maisemoor Weir (SO81806 21669).

“Salmon” means the species Atlantic salmon (Salmo salar);

“Lave net” means a single sheet of netting of mesh which measures, when wet, not less than 50mm in extension from knot to knot or 200mm round the perimeter and which shall be constructed to form a bag or purse attached to a yoke in the shape of a ‘V’, the widest part of which shall not exceed 3 metres and which shall be fitted with a handstaff to the apex of the yoke.;

“Draft net” means an unarmoured net, without bags or pockets, worked by more than one person during any portion of the time of its use, and drawn out of the water onto the bank, whether from a boat or otherwise, for the purpose of securing the fish, and consisting of a single sheet of netting which measures not more than 185 metres in length in the waters of the River Severn below or downstream of the Lower parting, Gloucester (SO816 189) and 95 metres in length in all other parts of the River Severn estuary, such measurement to be made when the net is wet;

“Putcher basket “means a single or multiple tier or rank of putcher baskets that are designed to capture salmon and which have historically been licensed for use within the Severn Estuary and shall be conical in shape with a round mouth measuring a maximum of 75cm at its widest point across.

Byelaw 3 Catch and release of salmon taken by means of lave net within the River Severn estuary

1. No person shall retain a live or dead salmon that has been taken by a licensed lave net within the River Severn estuary.
    
2. Any salmon caught when operating with a licensed lave net within the River Severn estuary must be returned immediately to the water with the least possible injury at the point of capture or removal.

Byelaw 4 Prohibition on catching salmon by draft net within the River Severn estuary

No person shall fish for salmon within the River Severn estuary by means of a draft net.

Byelaw 5 Prohibition of catching salmon by putcher within the River Severn estuary.

No person shall fish for salmon within the River Severn estuary by means of a putcher basket or rank of putcher baskets. 

Byelaw 6 Prohibition on the retention of salmon from the River Severn taken by rod and line

1. No person shall remove or retain a salmon that has been taken by rod and line in the River Severn.
    
2. Any salmon that has been taken by rod and line shall be returned immediately to the river at the point of capture with the least possible injury.
    

Byelaw 7 Exemptions

This byelaw shall not apply to any employee of the Agency acting in their official capacity or to any other person who with the permission in writing of the Agency and acting in accordance with any conditions attached the permission carries out work connected with the maintenance, improvement or development of the fishery or for some scientific purpose.