UK Environment Agency accused of flouting EU laws over fish farms

Graham Mole, The Telegraph 23 Oct 08;

The Environment Agency is flouting EU law by letting fish farms pollute rivers and kill threatened salmon stocks, anglers claim.

The fishermen say a report revealing the problem was seen by the agency two years ago but it has failed to act. Even now, they say, the agency is still not planning any action.

Ironically the report was the result of a five year study by another government agency, the Centre for Environment, Fisheries and Aquaculture Science (Cefas) which was funded by the Department for Environment, Food and Rural Affairs (Defra).

It concluded: "The research has indicated that the effluents from fish farms can have significant impacts on Atlantic salmon, particularly during sensitive life history stages such as reproduction and smoltification".

Smoltification is the stage of the salmon's life when it first makes it way from freshwater to saltwater. The report revealed that many smolts affected by the effluence died when they reached the sea.

On one location - the world famous River Test - the report said "the long term ability of male salmon to respond to reproductive pheromones from the female fish was significantly inhibited". It also found other compounds which, it said, suppressed the salmon's ability to reproduce.

The report also confirmed anglers' suspicions that the effluent was killing off the river borne insects on which the fish feed.

The research took place both in laboratories and on the rivers Avon and Test. River quality was tested above and below the fish farms and then upstream and downstream samples were compared.

Almost invariably the quality of the water below the fish farms was poor and contained testosterone, steroids, ammonia and several other substances harmful to the fish.

While the Test is fished by the rich and famous world wide, the nearby Avon has the highest possible European eco-rating - a Special Area of Conservation (SAC). Under the Euro rules anyone doing anything that involves the river, such as fish farms, firstly has to prove it won't damage the stream.

This requirement, say anglers, was totally ignored by the EA and in the November round of regional fisheries committees they'll be insisting that the EA abides by EU law.

In a paper for those committees the EA's acting head of fisheries Matthew Crocker wrote: "We believe that further studies are needed to assess whether it is feasible to develop environmental quality standards to allow regulators to take relevant impacts into account."

Ian Johnson, fisheries policy manager for the EA said: "Cefas has said that further work is required to predict the possible impacts of effluents at the population level. We have recently been in discussion with Defra and Cefas to promote this being taken forward."

Asked about the EU rules on pollution in its most protected rivers he replied: "We have asked that this research should be progressed to provide us with specific information of any population level effects and the levels of any pollutants that are found to be the cause. Clearly, as such information comes available we would look to review relevant consent standards."

Of the two year gap since the results were known Mr Johnson said: "It has been referred to at various meetings when its findings and limitations have been discussed, but it is only recently, following specific interest from other committees, that it has been brought on to the agenda as an information paper.

"As much more detailed work remains before we can assess its implications, it is unusual that such early findings would attract this interest."

Anglers' spokesman Jim Glasspool of the influential Test and Itchen Association said: "The regulations stipulate that there's a rigorous assessment process to determine that it will not have a detrimental effect on the integrity of the SAC.

"The burden of proof is against the application and the precautionary nature of the regulations assumes that the application cannot proceed unless it can be proved it will not have an adverse effect. This interpretation has been tested in the courts."

When it came to the smolts or baby salmon starting to head for the sea the report found disruption in blood potassium regulation and lesions in the gills and kidneys.

It said "These two organs are key for salt regulation in salmon smolts and allow the fish to successfully adapt to the marine environment." As a result it found that when the smolts hit the seawater there were high mortality rates.

Despite this, say the anglers, the EA isn't planning anything. The only recommendation in the papers for November's meetings is that the report be noted.

Mr Glasspool added: "This is unacceptable. There needs to be a clear definition of what this work is and when it will be done."

A Cefas spokesman said: "We have sought/continue to seek further funding to revisit this work, but so far we have not secured any."