This is Natural England’s ‘standing advice’ for fish. It is a material planning consideration for local planning authorities (LPAs). You should take this advice into account when making planning decisions. It forms part of a collection of standing advice for protected species.

You should read this guidance alongside protected species and development: advice for local planning authorities.

Following this advice:

• avoids the need to consult on the impacts of planning applications on fish in most cases
• can help you make decisions on development proposals

You might need a qualified ecologist to advise you on the planning application and supporting evidence if it’s likely that protected fish are present on or migrating through the proposed development site. You can find one using either the:

• Chartered Institute of Ecology and Environment Management (CIEEM) directory
• Environmental Data Services directory

You must check if the ecologist holds both: 

• the appropriate and up-to-date Natural England species survey licence to carry out surveys for protected fish, such as fish
• a permit from the Environment Agency to use netsfishing orinstruments traps.
  other than rod and line

If Natural England and the Environment Agency are consulted on the same planning application, Natural England will refer to this standing advice and the Environment Agency will provide advice to protect fish populations.

How fish are protected

The following fish are protected under the Wildlife and Countryside Act 1981:

• allis shad (Alosa alosa)
• twaite shad (Alosa fallax)
• vendace (Coregonus albula)
• whitefish (Coregonus lavaretus) - also known as powan, gwyniad or schelly
• AtlanticEuropean sturgeon (Acipenser sturio)sturio) 
• burbot (Lota lota)

Allis shad and twaite shad

For allis shad and twaite shad, it is an offence to:to: 

• intentionally kill, injure or take themthem 
• intentionally or recklessly damage or destroy a structure or placedplace used for shelter or protectionprotection 

Vendace and whitefish

For burbot, vendace and whitefish, it is an offence to intentionally:intentionally: 

• kill, injure or take themthem 
• possess or control them (alive(or any part, alive or dead)dead) 

It is also an offence to intentionally or recklessly:recklessly: 

• damage or destroy a structure or place used for shelter or protectionprotection 
• disturb them inwhile they occupy a structure or place used for shelter or protectionprotection 
• obstruct access to a structure or place used for shelter or protectionprotection 
• sell, possess or transport them (or any part, alive or dead) 
• sell, offer, or publish an advert to sell them 

Atlantic sturgeon

AtlanticEuropean sturgeon are European protected species (EPS) protected under the Conservation of Habitats and Species Regulations 2017. It is an offence to:to: 

• deliberately kill, injure, disturb or capture themthem 
• deliberately take or destroy their eggseggs 
• damage or destroy their breeding sites and resting places (even including when AtlanticEuropean sturgeon are not present)present) 
• sell, possess, control or transport them (alive(or any part, alive or dead)dead) 
• sell, offer, or publish an advert to sell them 

It is also an offence under the Wildlife and Countryside Act 1981 to intentionally or recklessly:recklessly: 

• disturb AtlanticEuropean sturgeon while they occupy a structure or place used for shelter or protectionprotection 
• obstruct access to a place ofused for shelter or protectionprotection 
• sell, possess or transport them (or any part, alive or dead) 
• sell, offer, or publish an advert to sell them 

Atlantic sturgeon (Acipenser oxyrinchus) have recently been separated from European sturgeon but have the same protections. 

Special areas of conservation (SACs), sites of special scientific interest (SSSIs) or Ramsar sites have features of special interest for freshwater or migratory fish, such as:as: 

• Atlantic salmon (Salmo salar)salar) 
• bullhead (Cottus gobio)gobio) 
• lamprey (brook, river and sea) (Petromyzontiformes)(Petromyzontiformes) 
• spined loach (Cobitis taenia)taenia) 
• European eel (Anguilla anguilla)anguilla) 
• allis shad (Alosa alosa) 
• twaite shad (Alosa fallax) 
• brown trout (Salmo trutta)

You can check if the development proposal is on a protected site using theMAGIC Magic map website.. 

Many fish species are also included on the list of species of principal importance in England under section 41 of the Natural Environment and Rural Communities Act (2006).

In addition, some fish species are listed as rareendangered and mostcritically threatenedendangered on the International Conservation of Nature’s (IUCN) Great Britain red list. Find out more by checking on the consolidated list of red listed species on the Joint Nature Conservation Committee’s website. These documents may not be accessible to assistive technology. 

You must haveconsider regard for the conservation of Sectionall 41fish species as part of your planning decision. Find out more about your biodiversity duty.. 

The developer must comply with the legal protection of freshwater and migratory fish and their habitats under the under: 

• Wildlife and Countryside Act 1981, 1981 
• Salmon and Freshwater Fisheries Act 1975
• the and Eels (England and Wales) Regulations 2009.

  You should consider if 2009

• the developerConservation hasof takenHabitats appropriateand measuresSpecies toRegulations avoid, mitigate and, as a last resort, compensate for any negative effects on fish.
  2017

When to ask for a survey

You should ask for a survey if any of these conditions apply: 

• historical or distribution records show that protected freshwater or migratory fish may be present at the proposaldevelopment site
• the habitat at the development site is likely to support protected fish species - you can search the National Biodiversity Network Atlas by species and location 

Absence of a record does not mean there are no fish. It could mean there is no survey data available for that location.

The Environment Agency is responsible for protecting fisheries. You should tell them of any survey activity if the development proposal is likely to affect inland, estuary, coastal waters and fish populations.

You should make sure the developer has consulted the owner of any fishing rights attached to a water body. Usually this is the landlandowner, owner, but it can also be a third party, such as an angling club.club. 

You must check if the ecologist is qualified and experienced to carry out surveys for freshwater or migratory fish. CIEEM publishes advice on the valid age of dataecological reports and surveys.

The ecologist should also follow the Biodiversity code of practice for planning and development (BS 42020:2013)42020:2013). availableFind onout more about the code by reading the British Standards InstituteInstitute’s Smart guide to biodiversity in planning and development website.TheseThese documents may not be accessible to assistive technology.

Types of survey

Appropriate survey techniques are listed in Table 1.

Table 1: Fish survey techniques and where they should be used

Survey technique	Where it should be used
Bankside counts	slow-flowing clear water without much vegetation
Underwater counts using snorkelling, scuba diving, cameras or remotely operated underwater vehicles	to measure species diversity and numbers
Electrofishing	shallow water bodies
Seine netting	to sample larger, deeper water bodies
Trawl netting	to survey large areas quickly
Trapping (fyke nets or similar)	where the site conditions or potential species present mean other methods cannot be used effectively
Hydroacoustic counts	used in combination with other methods to determine abundance in deep water bodies
Rod and line capture	used in combination with other methods to determine species presence, target particular species or where conditions prevent effective use of other techniques

Other survey methods, such as eDNA, can also support survey data.

Assess the effect of development on fish

TheDevelopers proposalshould mustsubmit showinformation howwith likelytheir itplanning isapplication thaton fishhow willtheir be affected by any development work.

If the proposal cannotavoids avoidor affectingmitigates protectedharm fish, it should include adequate mitigation and compensation measures in the planning proposal to allow you to make a planning decision.fish. 

The development proposal could affect freshwater or migratory fish ifif, it:for example, it :

• introduces silt into a water body, particularly where spawning habitats, such as gravel beds, are present
• interferes with spawning activity
• interferes with the migration of fish, such as creating barriers or obstructing fish passes
• creates a risk of entrainment - when a fish is displaced by a drainage system, or water diversion, created as part of the development 
• creates a risk of impingement – when fish get trapped against a water intake screen (where water is taken into the development site) and are unable to swim away
• creates excessive light or noise
• reduces water quality
• affects water levels or flow levels in a water body
• changes the morphology (shape and form) of a water body
• changes the vegetation in a water body or on its banksidebankside 
• introduces non-native species to freshwater habitats

The developer may need a wildlife licence if their activities are likely to affect fish.

Avoidance, mitigation and compensation measures

Where possible development proposals should avoid negative effects on fish. Where this is not possible, the developer will need to include adequate mitigation or, as a last resort, compensation measures in their development proposal to allow you to make a planning decision.

Look for the following examples of avoidance, mitigation or compensation plans in the development proposal:

• changing the timing of the project
• changing the layout of the scheme to keep the water body and surrounding habitat intact
• ensuring that work on water bodies does not create physicalphysical, chemical or behavioural barriers to fish movement
• trapping sediment to avoid introducing it to water
• changing work practices or construction methods to avoid excessive noise and illumination (especially at night) and impacts on water quality
• avoiding working within the water body and limiting the length of bank working area
• improving or creating habitatshabitats 
• maintain biosecurity measures

If there is no reasonable alternative habitat close by, the development proposal could include capturing fish and moving them to a different location, known as translocation. This is a last resort option due to the risk of transferring diseasedisease, and invasive and non-native species between water bodies. The developer must have a permit from the Environment Agency to move all freshwater and migratory fish.

For more information on mitigation plans and compensation measures, read theProtected plannersspecies guideand fordevelopment: protectedadvice speciesfor andlocal developmentplanning authorities.

Planning and licence conditions

The developer may need a protected species mitigation licence if their activities are likely to affect fish. If activities are likely to affect European sturgeon, the developer must apply for an EPS mitigation licence. 

You may also need to add mitigation or compensation strategies as a condition of planning permission. Before you can grant planning permission, you must:must: 

• makework surewith anythe mitigationrelevant orecologist compensationto conditionsmake yousure imposethese areconditions do not likely to conflict with the requirements of athe wildlife licencelicence 
• be confident that Natural England will grant a wildlife licence

You can- findread moresection information4 inof the guidance on protectedProtected species and development: advice for local planning authorities.

IfYou do not need to consult Natural England on the wording or discharge (approval) of any conditions you impose on a proposaldevelopment proposal. Natural England is likelyunable to affectprovide protectedadvice fish,on thethis.

Natural developerEngland mustwill applynot forgenerally issue a licence until planning conditions relating to protected species mitigationhave licence.been discharged. This applies to conditions that are intended to be and capable of being discharged before development begins. 

IfNatural aEngland proposalwill isonly likelyconfirm toif affectyou Atlanticneed sturgeon,a licence when the developerdevelopment mustproposal applyis fora anNationally EPS mitigationSignificant licence.Infrastructure Project (NSIP).

Enhance biodiversity

To meet your biodiversity duty, you should suggest ways for the developer to:

• create new or enhanced habitats on the development sitesite 
• achieve aimprovements net gain in biodiversity through good design,design 
• follow suchother asrelevant greenplans roofs,and streetstrategies treesfor or sustainable drainagenature

Site management and monitoring

You should consider the need for site monitoring and management. These measures are likely to be needed by protected species licences.licences. 

A site monitoring plan should make sure:sure: 

• water quality is goodmaintained or improved 
• water flow is maintainedmaintained 
• fish populations remain healthyhealthy 
• there is no interference with the fish after developmentdevelopment 

The plan should include managing:

• in-channel vegetationvegetation 
• the water body substratesubstrate 

This can also include additional survey work to check that mitigation measures are working as intended, followed by remedial work if needed.