Agenda item

Context:

 

To advise Members and seek their views on the request to allow canoeing on the River Usk at Castle Meadows which is currently managed as a fishery.

 

Key Issues:

 

Background

 

1. There was one outstanding issue from the Bryn y Cwm Area Committee’s previous consideration of the Castle Meadows Management Plan: Requests as part of the consultation process for wider access to the River Usk and for a change of policy to allow canoeing and wild swimming in that section of the river adjoining the meadows where the Council has riparian rights (the Town waters).

 

2. The task and finish group established to guide preparation of the Castle Meadows Management Plan took the view that further discussions between the canoeing and fishing interest would be necessary to explore if there could be agreement on wider use of the river. It was resolved that officers facilitate further discussion and bring a further report back to the Area Committee, as required.

 

3. This process was unfortunately rather extended but a meeting took place between Abergavenny Canoe Club and the Abergavenny Game Fishing Association, and an agreed note of the meeting was prepared.

 

4. As will be seen for the note the discussions have not reached agreement on a way forward. Consequently Area Committee resolved that a report regarding this matter should be prepared and presented to a Strong Communities Select Committee with a view to the Committee undertaking pre-decision scrutiny on this matter.

 

Context

 

5. Access to inland water has long been a contentious issue and there is no settled national view on rights to navigation on rivers in Wales. The matter has been considered by the National Assembly’s Sustainability Committee (2009) which highlighted the deficit in opportunities, as well as the contested nature of rights to and on water for recreation: Welsh Government’s policy is to support the establishment of voluntary access agreements.

 

6. Welsh Government’s view, as set out in the Access & Outdoor Recreation Green Paper (2015), is that access arrangements should be drawn up by landowners and riparian owners, consulted upon, and then put in place. Access under such arrangements could be all year round, at certain times of year or depend on water levels. They could also determine what types of activities can sensibly take place on any given stretch of water at any given time of year. These arrangements should primarily be focussed on three elements:-

 

i. protecting the natural environment;

ii. having no detrimental impact on land management; and

iii. having respect for the needs of other users.

 

Welsh Government’s view is that access arrangements along these lines need not be perceived as an acknowledgment that rights do not already exist nor should they be perceived as acknowledgment that they do. They view such arrangements as not setting out the limits of use, but rather the opportunities available for responsible shared use of the water.

 

7. The Cabinet Secretary for Environment and Rural Affairs has very recently announced her intention to develop proposals on how current laws relating to public access for outdoor recreation can be improved but no details, timescale, or indication as to whether this will extend to access to water has been set out and so consideration of this issue will need to be under the current position.

 

8. On the river Usk although the Usk Fishing Association, an independent association representing riparian owners, clubs, associations, organisations interested in the preservation of fishing on the river, also supports the creation of voluntary access agreements no agreements are in place immediately north or south of Llanfoist Bridge / the Town waters.

 

9. Abergavenny Canoe Club are a Canoe Wales affiliated club with adults, family and junior members. They currently use the Abergavenny leisure centre pool and their request is based on a desire to allow progression from using the pool to the river at Castle Meadows. The other principle interest in this matter is the Abergavenny Game Fishing Association who have a long standing relationship with the Council to assist in the management of the fishing rights at Castle Meadows. The Chairman of Abergavenny Canoe Club and the Chairman of Abergavenny Game Fishing Association have both been invited to present to the meeting.

 

10. The Castle Meadows Management Plan 2014/19 does not directly address the use of the river but the overall aims of the plan include increased community use and involvement in its management and conservation, including appropriate events and activities.

 

11. Finally the river is designated as a Site of Special Scientific interest (SSSI) and Special Area of Conservation (SAC) for its migratory and resident fish species, including twaite and allis shad, sea, river and brook lamprey, Atlantic salmon and bullhead. Any specific proposals to vary management arrangements will need to be fully assessed including carrying out a Habitats Regulations Assessment / consultation with Natural Resources Wales.

 

Options

 

12. It is suggested that the way forward is to set aside the wider controversy around the rights for navigation and consider the specific request from Abergavenny Canoe Club:

 

Option1: The Council may wish to maintain its current position – i.e. the “status quo” at least until such time as any wider access agreements can be secured through the Usk Fishing Association, or other means; or there is a change in the statutory position. Given the lack of progress in recent years this would seem likely to frustrate the canoe club’s aspirations for a long period of time;

 

Option 2: In theory it would be open to the Council to permit any navigational use of Town waters. However such isolated general use in advance of any wider access agreement on the surrounding parts of the river is very likely to lead to a “free for all” causing significant management problems, uncontrolled impact on the fishery and adverse nature conservation impacts and so is not recommended;

 

Option 3: To seek to secure a voluntary access agreement between the key parties along the lines of Welsh Government’s recommended approach. It is clear this would require goodwill and further compromise from all parties. It would be possible to “pilot” such an agreement if that helped allay reasonable concerns. The specifics of any such agreement would need to be subject to a Habitat Regulations Assessment.

 

Recommendations:

 

To seek Select Committee’s views on the potential three options set out below for wider use of the River Usk prior to consideration by Cabinet.

 

Option1: The Council may wish to maintain its current position – i.e. the “status quo” at least until such time as any wider access agreements can be secured through the Usk Fishing Association, or other means; or there is a change in the statutory position. Given the lack of progress in recent years this would seem likely to frustrate the canoe club’s aspirations for a long period of time;

 

Option 2: In theory it would be open to the Council to permit any navigational use of Town waters. However such isolated general use in advance of any wider access agreement on the surrounding parts of the river is very likely to lead to a “free for all” causing significant management problems, uncontrolled impact on the fishery and adverse nature conservation impacts and so is not recommended;

 

Option 3: To seek to secure a voluntary access agreement between the key parties along the lines of Welsh Government’s recommended approach. It is clear this would require goodwill and further compromise from all parties. It would be possible to “pilot” such an agreement if that helped allay reasonable concerns. The specifics of any such agreement would need to be subject to a Habitat Regulations Assessment.

 

 

Public Open Forum:

 

 

We were joined for this item in the chamber by the Cabinet member for Community Development, the Ward Member for Castle Meadows and members of the public representing Canoe Wales, Abergavenny Game Fishing Association, Usk Local Fisheries Group and the Chairman of the Usk Fishing Association.

 

This item had been referred to Strong Communities Select Committee by Bryn y Cwm area committee for scrutiny.

 

During the discussion the members of the public representing the fishing associations and groups made the following points;

 

As fishermen they have no issues with the canoeists using the river, the issue is that the canoeists wish to use the river 365 days a year which is not acceptable when anglers are paying almost £300 a year to fish.

 

When a canoe goes through the water, the fish are gone for the day.

 

The Usk fishing association is not necessarily about fisherman but also the riparian ownerships of the riverbanks and the access to those rivers.

 

There are 92 miles of the river Usk from estuary to the dam of which there are 146 fisheries and Monmouthshire County Council are owners of one stretch of the river which is The Meadows.

 

The fishing association are very concerned about safety issues and are acutely aware of incidents which have previously taken place on the river.

 

The anglers are hopeful that they are close to achieving a VAA from above Beacon Bridge down towards Crickhowell Bridge with Brecon Canoe Club and are looking to discuss options with Abergavenny Canoe Club.

 

The UFA ask that Monmouthshire County Council allow them to represent Monmouthshire County Council as the riparian owner in further wider negotiations to include Beacon and Abergavenny canoe clubs along with Coleg Gwent as the three major canoe clubs on the river.

 

The UFA Chairman was keen to stress that he wants a VAA that works for everyone.

 

 

During the discussion the members of the public representing the Abergavenny Canoe Club made the following points;

 

They are in favour of a local access agreement for Castle Meadows as this is their local stretch of water.

 

It was asked that Monmouthshire County Council as riparian owners look at a bylaw that dates back the 1950’s from Gwent County Council.

 

The National Governing Body of Canoeists have been trying to negotiate VAAs in Wales for some time and they are notoriously difficult.

 

The Chair of Brecon Canoe club have no interest in entering into a voluntary access arrangement for the River Usk. He is prepared to do it as a national governing body, but not as a canoe club.

 

Canoe Wales is keen on the concept of entering into VAAs subject to the direction that Welsh Government wishes to take now that they are reviewing the situation. The National Governing Body of Canoeists are more than happy to sit down and discuss VAAs provided they are inclusive, fair and based on evidence. They feel it important that VAAs are brokered by local authorities.

 

The Abergavenny Canoe club would like to use Castle Meadows as a site where they can train, use one or more evening a week.

 

In summing up we were told that this should not be an anglers versus canoeists issue as there was no reason why both activities should not take place. The piece of river is perfect for developing young paddlers and it would be a great shame if it was not made available for canoeists. They are aware of environmental protection and work closely with Natural Resources Wales to understand issues such as spawning.

 

They are not looking for 365 days a year access but a fair usage considering other river users, one or two evening a week would be ideal.

 

Mention was made to the Westminster and Welsh Government feeling the law on navigation was unclear.

 

As a resolution the canoeists feel that a VAA would be the best option, one covering Castle Meadows and potentially one that covers the whole river.

 

 

Member Scrutiny:

 

A Member asked what is the difference between the River Wye and the River Usk and was answered that some of the River Wye is a navigational river under law. The parts are not navigational, as of this year now have a new VAA from Rhayader to Builth. The River Usk is different, it is a much smaller river and there are not currently under law, navigational rights, except up to the end of the estuary on the River Usk.

 

It was clarified that we have riparian rights reflecting our land ownership on both sides of the river from the old Llanfoist Bridge to the confluence with the Y Fenni.

 

It was asked if there was another area that the canoeists could enter the river and the length of the stretch of water referred to. In answer we were told it is 0.6 of a mile.

 

A member asked what a habitat regulation assessment was and was told by an officer that that this is a fairly common process where we look at the potential impact of the decision we will take on the matter of interests for the SAC.

 

The local Member expressed concerns regarding the breeding of fish in March-October and the impact the canoeists would have during those months. Concerns were raised over the complexity of the issues and the local Member spoke of the need for further discussion between all interested parties.

 

In reference to the fees paid by anglers we were told that anglers paid £82 for a rod license and then a further £175 for a fishing permit.  We were told that canoeists do not pay to use the rivers.

 

It was asked if the Canal and Rivers Trust have had any input and we were answered no as it does not fall into their remit.

 

With regard to fishing a Member asked how important this 0.6 stretch of river was we were told that the middle stretches of the River Usk have always been acknowledged as prime brown trout fishing also the Salmon catches on the Abergavenny town waters, since the 1950’s have been one of the better and most productive fishing beats on the River Usk.

 

 

Committee’s Conclusion:   Members felt that option three would be the most suitable resolution;   To seek to secure a voluntary access agreement between the key parties along the lines of Welsh Government’s recommended approach. It is clear this would require goodwill and further compromise from all parties. It would be possible to “pilot” such an agreement if that helped allay reasonable concerns. The specifics of any such agreement would need to be subject to a Habitat Regulations Assessment.   The Cabinet Member responsible will facilitate the Chairing of meetings between canoe and angling groups to drive forward option three and come to, with good will and future compromise from all parties possibly a pilot scheme to an agreement in the future.