My Lords, in introducing these regulations I disclose an interest as owner of a stretch of a tributary of the River Thames and an interest in a lake used—among other things—for fishing.
Diseases and parasites of fish in the wild can, of course, adversely impact fish stocks. Non-native invasive fish species also pose a significant threat to native
species through predation and competition as well as being potential carriers of diseases and pests, with additional potential impacts on the biodiversity of habitats. These present risks to the environment and to commercial and recreational fishery waters, so the stocking of fish into inland waters for recreational angling and other purposes has to be balanced with appropriate safeguards for aquatic environments.
Under these regulations a new permitting scheme will enable the regulatory body and the Environment Agency to adopt a risk-based approach to managing the introduction and keeping of fish in our rivers, lakes and waterways. This will reduce burdens on the angling and freshwater fisheries sector and help promote growth in the rural economy. The legislation, subject to the approval of Parliament, will be made under Section 232 of the Marine and Coastal Access Act 2009. These regulations would repeal Section 30 of the Salmon and Freshwater Fisheries Act 1975 in relation to England. We will shortly also modify the Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014 so that its scope excludes inland waters, to prevent the duplication of legislation.
The proposed regulations introduce a new permitting scheme which would replace the existing legal requirements to obtain the consent of the Environment Agency for each separate introduction of any fish into inland waters, and to obtain a licence for the keeping and release of non-native fish in inland waters. These regulations would make it an offence to keep fish or introduce fish other than in accordance with a single permit granted by the Environment Agency. The Environment Agency will also have the power to impose conditions on the permits relating to matters such as the number of fish introduced and minimising the risk of fish escaping from inland waters.
The new permitting scheme will enable the Environment Agency to adopt a risk-based approach to managing the introduction and keeping of fish. Under this proposal, species that are high-risk are given greater scrutiny while the movement of low-risk species will be allowed to take place more freely. This is a significant improvement on the current system. The Environment Agency will also be able to revoke and vary permits if information comes to light that changes the level of risk the fish pose to the environment. The regulations also provide more effective enforcement powers to enable the Environment Agency to remove illegal non-native fish where they are found in rivers, lakes and waterways.
The Government consulted on these proposals both in 2009 and as part of the water and marine-themed Red Tape Challenge in 2012. As explained in the accompanying Explanatory Memorandum, most respondents supported the proposals. These regulations would produce a small annual saving for industry and additional savings for the Environment Agency.
The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 will also apply to the Border Esk region of Scotland. Freshwater fisheries are best managed on a river basin catchment basis, and England’s Environment Agency has managed fisheries in the Border Esk region for many years. Under similar arrangements, Scotland
manages freshwater fisheries in the River Tweed catchment, which is shared with England. The Scottish Government are fully aware of these regulations, which maintain this policy approach, and are in total support of them.
In summary, the Government consider that the approach set out in these regulations will provide a more efficient and risk-based way of protecting local fisheries and biodiversity. They will reduce the regulatory burdens on the angling and fish trade industry. To this end, I commend these regulations to the Committee.