Showing posts with label wild life crime. Show all posts
Showing posts with label wild life crime. Show all posts

Monday, 24 April 2017

Bruce Sandison on Fish Farming


Sadly, we recently lost Bruce Sandison, who for many years was undoubtedly the leading defender of Scotland's wild fish and a gifted writer. In 2011 he gave me permission to publish as a guest post on another site the following article, which had appeared recently in the press.


Farming salmon seemed like a good idea at the time, back in 1965; the perfect adjunct and enhancement to subsistence crofting in remote rural areas of the West Highlands and Islands of Scotland. It was believed that the industry would provide much-needed employment by attracting young families to the area who would then sustain and expand every aspect of community life; new faces and new ideas, a bustling economy and busy shops, more children at local schools, a golden age of growth and prosperity.

Other people were less sanguine and predicted that the end result would most likely be tears and acrimony, pollution on an unprecedented scale and environmental disaster. They claimed that insufficient research had been carried out into the environmental consequences of salmon farming and that to proceed without a sound scientific base upon which to build would be irresponsible

Fifty years down the line the doubters seem to have been right: conflict and acrimony currently surrounds the industry. Many communities in the West Highlands and Islands are mounting furious battles to try to keep the fish farmers out of their back yards; thousands of people sign petitions opposing the expansion of salmon farming into new areas; conservation groups are considering legal action, accusing fish farms of driving distinct populations of wild salmon and sea-trout to the verge of extinction. They allege that the sea lice that breed in their billions in the farmers fish-packed cages attack not only farm salmon, but also wild fish that pass by farm cages.

These allegations have been vigorously denied by the industry who say that there is not enough evidence to suggest that sea lice were responsible for any declines in wild fish stocks. None of these claims and counter-claims is new: for more than twenty years the industry and those concerned about the adverse impact they say salmon farming is having on the marine and freshwater environment have been fighting over this same ground. All of the many attempts at finding common purpose through consultation have failed: meetings, joint committees, discussion papers, aquaculture framework strategies, codes of conduct, et al.

Salmon farming is judged to be one of Scotland's most successful industries and is estimated to be worth upwards of £450 million pounds to the Scottish economy. The industry also supports 6,500 jobs, many of which are in remote rural areas where other employment opportunities are limited. Scottish farmed salmon is one Scotland's biggest export earners, second only to whisky in value, and yet, in spite of this, the Scottish fisheries minister, Stewart Stevenson has now suggested that new legislation planned for later this year might see farms banned from areas that are important for wild fish stocks. The minister also revealed that he is considering forcing fish farmers to publish information about sea lice levels on specific farms; a measure that is already in place in Norway to protect their iconic stocks of wild salmon and sea-trout.

Like many observers of the irresistible rise and rise of salmon farming, I am puzzled by this apparent sea-change in the minister's attitude towards an industry that heretofore has appeared to be beyond reproach; an industry that has benefited mightily from continuous support by governments regardless of their political persuasion. Since the 1980's, when doubts about the environmental impact of salmon farms began to be voiced, many alleged government shielded the industry from any form of meaningful public scrutiny and repeatedly resisted all calls for an independent public inquiry into these murky waters.

At the heart of this dispute are matters of vital importance, now, and to future generations: on the one hand, is a perceived risk to the health and integrity of an irreplaceable part of Scotland's natural heritage, on the other, the economic wealth that the fish farmers say they bring to the nation. With both parties entrenched in intractable positions, finding a solution is not going to be easy. But there has to be a solution and a new initiative by government has been launched in an attempt to bring the warring parties together. An influential Scottish parliament committee appears to be promoting this initiative, led by its Convener, MSP Rob Gibson. The committee is determined to get to the bottom of the bitter argument raging between anglers and the fish farmers and propose to invite interested parties to round-table discussion to address their concerns.

The beauty of the wild lands of the Highlands and Islands of Scotland draw thousands of visitor each year to enjoy the majesty of their mountains, moorlands and myriad lochs and rivers. Visiting yachts anchor in sheltered bays, their crews coming ashore in the evening to local restaurants and hostelries to relish wonderful seafood; scallops, mussels, lobsters crab and prawns, freshly delivered each day. Children splash in crystal-clear shallows and play on white-sand, near-deserted beaches. Local communities rely on income by providing visitors with bed and breakfast accommodation in their homes, self-catering cottages and caravan sites and other services. Guesthouses and hotels also provide accommodation and extensive employment opportunities.

Rod and line sport anglers prized the salmon, sea-trout and brown trout that thrived in pristine, unpolluted waters. But now many lochs and rivers that once supported remarkable numbers of fish are virtually devoid of these species because, it is alleged, of the impact of fish farm sea lice. The Loch Maree Hotel in Wester Ross, where some 2,000 sea-trout could be could caught be each season and which employed eleven gillies to guide anglers to the best fishing spots has closed its doors. Other West Highland and Islands fisheries that enjoyed a world-wide reputation for the quality of sport have suffered a similar fate; such as Stack, More, Shiel and Eilt, and the rivers Dionard, Laxford, Inver, Kirkaig and Ailort.

The late Mrs Pauline Cameron-Head of Inverailort House is credited with bringing the benefits of salmon farming to Scotland. In 1965 she agreed to lease her land for use as a shore-base from which to service a fish farm in Loch Ailort; a sea loch on the famous 'Road the Isles' close to where Bonnie Prince Charlie landed in 1745 to try to reclaim his father's lost kingship of the British Isles. The fish farm company involved in the deal was Marine Harvest, then a wholly-owned subsidiary of the multi-national Unilever organisation, now Norwegian-owned and the largest producer of farm salmon in the world. The company operate a fish farm in Loch Ailort to this day.

Loch Eilt and the River Ailort, which drain into Loch Ailort used to be counted as amongst the most prolific sea-trout systems in Europe that could produce 1,500 sea-trout each season. Now, the numbers of sea-trout caught may be counted on the fingers of one hand, with some fingers to spare. A picture, taken in1941 of Lochan Dubh, an extension of the river, shows just how many sea-trout used to run the system. It was sent to me by Iain Thornber - historian, archaeologist and author from Morvern. He explained that explosives were used to kill the fish in the picture; a criminal offence, hence the soldier with the fishing rod strategically placed to try to suggest that the fish had been caught legally. All of the fish were sea-trout and used to feed Special Operations Executive commandos stationed at nearby Inverailort Castle. Iain remembers Pauline Cameron-Head telling him that the number of sea-trout in the system was so great that the noise they made splashing to upstream spawning grounds could be heard from the castle.

The assumption that fish farming would be initiated and carried out by crofters never materialised; capital costs were high, disease episodes and consequent loss of stock frequent and the expertise required to successfully rear fish to slaughter-weight was woefully absent. This knowledge gap was filled by fishery scientists from government agencies, the Fisheries Research Services, now renamed as Marine Scotland, and by scientists from a number of Universities, including Aberdeen, St Andrews and the Department of Aquaculture at Stirling University. Funding grants to further research programmes into fish farming came from the European Union, UK government and industry bodies.

Within a short time the industry began to consolidate into fewer and fewer farms owned and run by fewer and fewer multi-national companies, the majority of which were Norwegian. In the 1980's when 20,000 tonnes of farmed salmon were being produced annually the industry directly employed in excess of 2,000 people on their farms, fulfilling the claim that they were creating jobs. However, by the mid-1990's when production peaked at nearly 150,000 tonnes, employment figures, because of advances in technology - particularly automatic feeding systems - the number of jobs had fallen to below 1,000. Indirect employment, however, soared, reaching an alleged 7,000 people; but almost 50% of these jobs were taken by immigrants for Europe, the Middle East and Iberia and some 25% of those were illegal entrants to UK.

The industry claims that it is one of the most highly regulated businesses in the world and open to constant scrutiny and control. This is substantially true, but those worried by the fish farmer's actions suggest that such scrutiny is poorly implemented and ineffective; one anomaly being that for most of its existence the Crown Estate had the sole right to issue sea-bed licences to operate fish farms and to issue planning permissions. The Crown Estate benefits to the tune of approximately £2 million a year from fish farming and this suggested a clear conflict of interest. After more than seven years of government promises, the planning role was given to local authorities. The Scottish Environment Protection Agency (SEPA) also has to give their approval for operating cages in the sea and generally did. For instance, during the period 2008 to 2011 SEPA received more than two hundred applications, all but fifteen of which were approved.

The problems for wild salmon and sea-trout from fish farms are, however, vividly illustrated by comparing wild fish numbers in East coast rivers such as Spey, Dee, Tay and Tweed with those in the West Highlands and Islands: whilst there has been a total collapse of wild stocks in many of the later, with few signs of recovery, stocks in the former are currently producing record numbers of fish returning to spawn. There are no fish farms in East coast waters because, when fish farming began, it was decided to adopt a precautionary principal to protect these major rivers, and give the industry free reign to operate amongst the smaller rivers in the West. In substance, this is the core of the present dispute: wild fish that have survived in these waters since the end of the last Ice Age are being sacrificed for the financial benefit of a few, against the express wishes of the many.

There is a way out of this impasse that would, I believe, be of benefit to both sides of the argument: move the industry into closed containment systems by building a solid barrier between the fish in the container, and the sea water in which the container floats. There would be immense financial savings for the industry, including freedom from sea lice attack and other sea-born diseases, reduced expenditure on chemicals and medicines, fewer escapes from these new farms and a more secure work-platform for staff. Water from the containers could be cleaned and recycled back into the sea. Even better, and more secure, is to operate these containers from land-based, onshore sites.

For anglers, wild salmon and sea-trout would have unhindered and safe access to their natal spawning grounds to get on with what they do best, the propagation of their species.  Such systems, tried and tested, already exist and are being introduced in Canada. The Norwegians themselves are also showing great interest. It makes sense; at least it does to me and it offers a realistic opportunity to bring this sad, sorry, costly and unseemly conflict to an end.



This photograph shows Major Donald Gilchrist greeting Mrs Pauline Cameron-Head, who wears the green beret, a privilege extended to her by the Commandos in recognition of either her ability to keep them under control off-duty or her skills at blowing up fish for their dinner with dynamite, I'm not sure which. I also don't know which would have been the more dangerous.

Friday, 31 March 2017

Picking up the story at Pol na Gille



This is our first post on the new blog and if you’re just joining us for the first time please understand that we’re in the middle of a very long story. If you have been on our mailing list you will have all the details. If not, bear with us and you’ll soon pick up where we are now at.

Pol na Gille has been a major concern of saveseilsound for many years. It's an enormous fish farm positioned at the South east corner of the Isle of Shuna, clearly visible from Craobh Haven and situated in an area of outstanding natural beauty. 

The site frequently receives unsatisfactory reports from SEPA, but despite this they have allowed the operators to increase the permitted biomass, despite plenty of evidence of severe damage to the seabed. We have tried and failed to get SEPA to halt the expansion.

During 2015 the SEPA database started to record tonnages and mortality figures at levels that should have been causing concern. We duly sent in an information request in an attempt to discover what was being done and what follows is a summary of the history since then.

First of all we asked certain questions of SEPA and here are extracts from their response  dated 18 November 2015

Our request included:

“3. The most recent pollution report on your website in respect of Poll na Gille dates back to February 2014 and is recorded as "unsatisfactory".
(a) What was the reason for this finding?
(b) Please supply details of all steps taken by SEPA subsequently, including copies of all communications, by letter, email and notes of conversations between your officers and employees of the operators in respect thereof.

4. Poll na Gille was licensed by you to carry a maximum biomass of 1500 tonnes, but in the period between October 2013 and March 2014, both inclusive, tonnages were always in excess of this, sometimes by a factor of 50%.
(a) What steps did SEPA take in response to this?
(b) Again please supply copies of all communications, by letter, email and notes of conversations between your officers and employees of the operators.

5. During the said period the operators of Poll na Gille reported mortalities totalling 43,899 kg, with a peak in November 2013 when fish totalling 19013 kg died on the site.

(a) What action did SEPA take in response to this information? Again please supply copies of all communications, by letter, email and notes of conversations between your officers and employees of the operators.
(b) What was/were the causes of death?
(c) What procedure did the operators adopt to dispose of the resulting waste?”

Answers
“SEPA holds information relating to this however the information has been withheld from release at this time under Regulation 10 (5) (b). The text of which is reproduced below;
(5) A Scottish public authority may refuse to make environmental information available to the extent that its disclosure would, or would be likely to, prejudice substantially;-
(b) the course of justice, the ability of a person to receive a fair trial or the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature;
The release of the information in question would be likely to prejudice substantially any evidence in a case prior to it being considered by the Procurator Fiscal, thus putting it in the public domain means the accused may not receive a fair trial.
The Public Interest Test was carried out in relation to the information to be withheld under Regulation 10(5)(b) of the EIRs. In this case, we recognise that Regulation 10(2)(b) requires SEPA to apply a presumption favour of disclosure. The public interest in favour of disclosure is outweighed by that in favour of withholding. Requests for such information are considered by SEPA on a case by case basis. In this case, it was determined that the public interest would not be served by the release of the information at this time.

[5c] We advise SEPA do not hold information on the procedure the operators adopted to dispose of the resulting waste.
This information is excepted under Regulation 10(4)(a) of the Environmental Information Regulations 2004.”

From this it appeared that SEPA were taking action against an operator, perhaps for the first time ever! Encouraged but perhaps not elated, we sent a further request to the Crown Office, who confirmed that not one, but two cases were currently being processed, but refused to give us any information on the grounds that to do so would interfere with the course of justice. They would not even disclose that one of these cases might be Pol na Gille.

There followed quite a lengthy exchange, in which we challenged that ruling and lost. Subsequently we discovered that one of the cases was now resolved. Nobody had been prosecuted, but matters had been settled privately between the Crown and the operator. It seemed reasonable to ask for details and we did so, but were again refused.

That, briefly, brings you up to today’s date.

We aren’t giving up and have today written to the Crown Office as follows:

"As secretary to the saveseilsound campaign group I am writing to request a review of the decision contained in the email received from yourselves on 17 February 2017 under reference R015266, but only in respect of the case described therein as closed. I accept that where there is still an ongoing investigation matters must remain secret.

I assume that you will have access to the emails which I have exchanged with the Crown Office. You will see that I requested information following the discovery by members of our group that there had been significant overstocking of the fish farm situated at Pol na Gille in our area of Seil/Shuna/Melfort during several months in 2014. The operator was a subsidiary or associated company of Marine Harvest Limited, who are one of the largest fish farm companies in the world. Our members were concerned that a seemingly respectable company had apparently behaved in breach of the conditions of its CAR licence over a sustained period, because this could not have been allowed to continue due to inadvertence.

The initial information request to SEPA in 2015 met with a refusal on the grounds that there could be a prosecution, following which I started communicating with the Crown Office. We have now arrived at a position where we have no information whatsoever, only a suspicion which may or may not be well-founded, leaving the obvious possibility of an unjustified slur on the reputation of the operator of Pol na Gille.

It is clear that the exemption from disclosure that has been applied is not absolute. During the email exchanges your colleagues have offered various justifications for their position. They have stated inter alia that there is a “strong public interest” in non-disclosure and that withholding information ensures that agencies such as SEPA can operate in a manner that is “fair and frank”. With respect the members whom I represent would challenge both of these assertions in relation to enforcement of the CAR Regulations and SEPA.

As you will know, the current CAR Regulations were introduced in 2005 and updated in 2011 under the provisions of the Water Environment & Water Service Act (Scotland) 2003. The system of regulation depends almost entirely on self-reporting of data by the operating companies, in terms of which their operatives on site record data, add it to official forms and are supposed to send it to SEPA, who presumably peruse it before adding it to their data-base.

SEPA are very proud of this system and encourage the public to inspect it and to use it as a basis for  engaging with them. Without a system of environmental policemen SEPA depend very much on concerned members of the public reporting pollution incidents and the like.

Locals have had their eyes on Pol na Gille for many years. We have engaged with SEPA in connection with the application for its expanded CAR licence. Members of saveseilsound took video footage of the seabed, which I respectfully ask you to view. It can be accessed here:


The footage dates from before the overstocking referred to and shows a seabed already seriously overstressed, basically an anoxic desert.

Unlike the situation with land agriculture, aquaculture proceeds unseen, unless divers take the trouble at their own expense to record what is going on. I would argue that there is a strong public interest in local residents not being discouraged from reporting such things.

To suggest that SEPA might feel intimidated in some way from operating in a “fair and frank” manner seems counter-intuitive. Surely their job is simply to pass on information filed by the operators when the data submitted suggests that an offence may have been committed?

Available evidence suggests that there is a greater threat to environmental regulation from SEPA becoming too friendly towards the industry. Recently local residents have been reading an exchange of emails between SSPO and SEPA, which you can access here:


In general our members have been concerned that during the entire period of the CAR regime there does not yet appear to have been a successful prosecution. During that period there have been several hundred, perhaps some thousands, of  individual breaches of the regulations, with hundreds of “unsatisfactory” notices issued to individual sites. There have been several incidents of catastrophic mortalities, which have been left to the industry to sort out without official monitoring.

My requests for information have covered the period during which the COPFS Wild Life Crime Unit has been operating and have resulted in disclosure of only the two cases subject to the recent email exchanges. Historically there may also be the following two incidents:

Anecdotal evidence locally suggests that, following evidence submitted by a member of the public who had been diving, the former operator of the site known as Port na Cro was issued with a formal warning many years ago. Apparently the issue was “resolved” by the “Allowable Zone of Effects” being expanded to include the area that they had polluted.

In 2010, according to reports in the press, a prosecution was begun against two employees of the fish farm at Hoganness on Shetland, see here:


The 2010 incident is interesting, partly because we have also heard that the prosecution was duly initiated but failed for some technical reason, but also because it shows that it was the SSPCA, a charity, that was first on the scene and alerted the authorities. One is left with the assumption that without that private involvement nothing would have happened. There is also the uneasy suspicion that Crown Office may have acted with less than exemplary efficiency on that occasion.

In summary, local residents such as myself are left with the serious concern that the system of regulation is simply not working. Surely there is a “strong public interest” in reassuring us that that is not the case?

I look forward to hearing from you."