Spey-Fishery-Board-Annual-Report-2013-Web

Part 1Statutory Remit of the Spey Fishery Board1.1 ConstitutionThe Spey District Salmon Fishery Board (SFB) was established under the 1860s Salmon Fisheries legislation assubsequently amended and stated in the Salmon Act 1986 and the Salmon Conservation (Scotland) Act 2001.This legislation was later streamlined into the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act2003, which has recently been amended by the Aquaculture and Fisheries (Scotland) Act 2013. The SFB isempowered under the legislation to take such acts as it considers expedient for the protection, enhancement andconservation of Atlantic Salmon and Sea Trout stocks and their fisheries (Table 1). The SFB is responsible forthe Spey Fishery District, which includes 52 rod fisheries within the mainstem of the Spey and its tributaries.The District covers 107 miles of Mainstem River, approximately 560 miles of main tributaries and 20 miles ofcoastline in the Moray Firth, from Lossiemouth to the west of the Spey estuary to Cowhythe Head in the east.The District extends 3 nautical miles out to sea (Figure 2).1.2 Aquaculture & Fisheries (Scotland) Act 2007The Aquaculture & Fisheries (Scotland) Bill was passed by the Scottish Parliament on 1 March 2007 andreceived Royal Assent on 5 April. It has three main purposes: to provide a statutory basis for regulatingpreviously unregulated practices in aquaculture; to enhance emergency powers for controlling Gyrodactylussalaris (a parasitic disease in salmon); and to make a number of miscellaneous amendments to salmon,freshwater and sea fisheries legislation.The Act also brought changes to constrict the introductions and transfers of fish. Whilst this legislation does notspecifically affect Salmon hatcheries on rivers which have District Salmon Fishery Boards, it led to theAssociation of Salmon Fishery Boards (ASFB) and Rivers and Fisheries Trusts Scotland (RAFTS) producingmore robust guidelines for stocking which have continued to play an integral part in the SFB’s stocking policysince 2011 (see section 3.3).1.3 Aquaculture & Fisheries (Scotland) Act 2013In December 2011 the Scottish Government went out to consultation on a draft Aquaculture & Fisheries Bill.Recognising that aquaculture production and Salmon and freshwater fisheries are both equally importantsectors, it sought to manage them effectively as part of the wider marine and freshwater environment. The Billwas introduced to Parliament on 3rd October 2012 and the Aquaculture and Fisheries (Scotland) Act 2013received Royal Assent in June 2013. It came into force on the 16 th September 2013.The Act consists of six parts, the second of which relates to Salmon and Freshwater Fisheries. There are anumber of provisions relating to duties of openness, transparency and accountability, including:- a duty to publish and copy to Scottish Ministers the Annual Report and audited accounts;10