Stillwater Brown Trout Close Season

Hoppy

Administrator
Staff member
STILLWATER BROWN TROUT CLOSE SEASON

What will the byelaw do?​
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The byelaw dispenses with the angling close season for brown trout on​
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[/FONT][FONT=Arial,Arial][FONT=Arial,Arial]fully enclosed stillwaters only. Fully enclosed [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]is based on whether fish can swim in or out.

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The exact wording of the byelaw is replicated at the end of this document.​
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What is the rationale for this?​
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There is wide agreement that a close season is unnecessary for stocked brown trout in stillwaters, where they are unlikely to breed. There is also recognition that some stillwaters do support wild stocks of brown trout that need the protection of a close season.

Where wild trout stocks do occur in stillwaters, breeding usually takes place in inflowing or outflowing streams. Fully enclosed stillwaters offer no opportunity to breed and therefore the byelaw removes the close season from these waters.

There are many stillwaters that are not fully enclosed, for example lowland reservoirs, but where wild brown trout stocks are not present. This type of trout fishery is often totally reliant on stocking, and although not fully enclosed, there are no wild stocks to benefit from a close season. We have considered listing these stillwaters in a schedule to the byelaws, such that the close season does not apply to them. Such a list could be extensive and time-consuming to compile, given that we would need to assess the presence or absence of wild trout in each water. We intend to deal with these waters (assuming no wild stocks to protect) by dispensing with the close season by written permission under a new byelaw power provided through the Marine and Coastal Access Bill 2009. This will be a temporary measure (up to 5 years) resulting in a list of stillwaters which will then be incorporated into a byelaw schedule as a permanent measure.​
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What about stillwater salmon fisheries?​
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We proposed to dispense with the close season by written permission on stillwaters stocked with salmon. We have concluded that this does not require a national byelaw. We will give written dispensation against the relevant existing regional salmon close season byelaw. As with brown trout this will be a temporary measure and stillwaters will be incorporated into regional byelaws as a permanent measure.​
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The byelaw​
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The wording of the byelaw is replicated below.​
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ENVIRONMENT AGENCY​
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WATER RESOURCES ACT 1991​
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BROWN TROUT CLOSE SEASON BYELAW​
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The Environment Agency, in exercise of powers conferred on it under Section 210 of, and paragraph 6 of Schedule 25 to the Water Resources Act 1991 hereby makes the following Byelaw:​
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Byelaw 1 Application​
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This Byelaw shall apply to the area (specified in Section 6(7) of the Environment Act 1995) in respect of which the Environment Agency carries out its functions relating to fisheries except the Upper Esk.​
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Byelaw 2 Interpretation​
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In this Byelaw unless the context otherwise requires:-
"Brown trout" means non-migratory trout of the species​
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[/FONT][FONT=Arial,Arial][FONT=Arial,Arial]Salmo trutta

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"Fully enclosed stillwaters" means stillwaters from which or into which fish cannot swim.
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"Upper Esk" has the same meaning as assigned to it in the Scotland Act 1998 (Border Rivers) Order 1999.​
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Byelaw 3 Brown Trout (Rod and Line) Close Season on stillwaters​
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The annual close season for fishing for brown trout by rod and line shall be dispensed with on fully enclosed stillwaters.​
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Byelaw 4
Amendments
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The amendments to existing Byelaws set out in Schedule 1 shall have effect.

THE COMMON SEAL of the ENVIRONMENT AGENCY
was affixed on 16th day of December 2009
in the presence of Authorised Signatory​

SCHEDULE 1​

Amendments to Existing Byelaws​

Brown Trout Close Seasons​
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1. For Byelaw numbered 3(i)(b) (which applies in Anglian Region and was confirmed on 23​
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[/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]rd [/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]day of October 1985) substitute:-

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(i) The annual close season for rod and line shall be as follows for all waters except fully enclosed stillwaters:
(b) For brown trout:​
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the period from 30 October to the following 31 March, both dates inclusive.​
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Attachments

sewinbasher

New member
STILLWATER BROWN TROUT CLOSE SEASON

What will the byelaw do? The byelaw dispenses with the angling close season for brown trout on​
[/FONT][/SIZE][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]fully enclosed stillwaters only. Fully enclosed [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]is based on whether fish can swim in or out.


Quite true, but they also seem to be lifting it experimentally on waters that are not fully enclosed but where no wild brown trout are present and will add a list of these to the bye law after 5 years, presumably after the absence of wild trout using the inflow or outflow is confirmed.

Some artificial waters will provide a challenge for the EA as I know one in North Wales that is not stocked with browns but has browns in it. The feeder is barely a metre wide, is only about 600 metres long and has no visible gravel and trout cannot access the outflow. That they breed is undeniable as I've seen juveniles in the pool but where is open to some debate and on the face of it this water might well qualify for the lifting of the close season.
 
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