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STOP PRESS NEWS
According to Angling Trust, under new Marine etc Act, in
England and Wales it is now:-
1. No longer an offence to fish during the close season
2. Anglers with a licence no longer have the legal right
to demand to see another's licence (that is limited now to only EA bailiffs
and police)
- all until they sort
themselves out with new byelaws
(And please note:- If you catch one of those great pike
lurking in the Towy and it's over 65cm (2.1ft) the new laws say
you must put the poor thing back!!!)
Legal Loophole Lets
Poachers off the Hook
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Written By: Angling Trust
On Date: 27/7/2010The Angling Trust has learnt that DEFRA and
the Environment Agency (EA) last year accidentally abolished the
law which created an offence of fishing in the close season.
This will lead to poachers and illegal anglers caught in this
spring’s coarse fishing close season getting away with lesser
offences when their cases go to court.
The EA has now proposed an emergency byelaw to correct the
error. The announcement was tucked away behind an announcement
about new byelaws relating to eels, presumably in the hope that
no-one would notice. A single bullet point on the last page of a
seven page document quietly proposes to: “create the offence for
fishing during close seasons and close times” to correct this
mistake. The eel byelaws are printed in full, but the close
season byelaw is only provided on the Agency web site at http://www.environment-agency.gov.uk/homeandleisure/recreation/fishing/114281.aspx
The Marine & Coastal Access Act repealed Section 19 of the
Salmon and Freshwater Fisheries Act. This was with the intention
of allowing the Agency to regulate and enforce close
seasons/close times entirely by byelaw. However, the repeal
overlooked the fact that S.19 also contained the only offence of
fishing during the close season and close times. Government
lawyers had assumed the offence was included in
national/regional byelaws, but these simply set out close season
dates/times and do not include offences. As a result, while all
the existing close seasons and times remain as set out in
byelaws, there is now no active offence of fishing during the
close season or close times.
The Angling Trust understands that 14 anglers have been
successfully prosecuted for fishing in the close season and that
their convictions will now have to be nullified. Over 90 other
cases are pending. Prosecutions of Section 19 offences will have
to be halted, but some offenders will be prosecuted for other
offences (e.g. fishing without a licence or byelaw
contravention).
In addition, Section 35 (subsection 2) of the Salmon and
Freshwater Fisheries Act (1975) allows holders of a rod licence
to require another angler to show his licence and give his name
and address. Failure to produce a licence was an offence. This
was a very useful tool for angling clubs and fisheries, in
particular for fishery and club bailiffs or water-keepers.
However, Section 220 (subsection 8) of the Marine and Coastal
Access Act (2009) removed this authority, limiting it to
Environment Agency enforcement officers and police officers
only, by amending the Salmon and Freshwater Fisheries Act to
omit Section 35, Subsection 2.
Angling Trust will be seeking a reinstatement of this provision.
In the meantime the Trust is issuing guidance to its member
clubs about how to address this unwelcome change, which we are
told is because the old legislation might raise issues regarding
data protection requirements and the protection of young people.
Mark Lloyd, Chief Executive of the Angling Trust and Fish Legal
said: “We are very concerned that such a major error could be
made by the teams of lawyers involved in drafting new
legislation. We also believe that the attempts to conceal the
error were misconceived and that a full public statement should
have been made once the error was discovered. The Trust will
remain vigilant in ensuring that law-abiding anglers’ interests
are protected, and that clubs and fisheries have the tools
available to help police their fisheries.”
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WAG Review of
Environmental Bodies in Wales
From Chris
Mills
Director, EA Wales
The Minister for the Environment,
Sustainability and Housing and the Minister for Rural Affairs issued the
attached Cabinet statement to Assembly Members this week. It outlines
plans regarding a review being undertaken by WAG of
Environmental Bodies
and delivery partner arrangements in
Wales. This will involve
Environment Agency Wales (EAW), the Countryside Council for Wales
(CCW) and Forestry Commission Wales FCW).
EAW has already been working
closely with CCW and FCW
on the Shared Services Initiative and we
are making good progress on this
but clearly this review will go further. It will examine in
detail what potential might exist for delivery arrangements in Wales to
be reorganised to help deliver the new Natural Environment Framework
during the forthcoming public expenditure constraints.
It has been emphasised to me that
neither Minister has a
predetermined outcome in mind and that they would like the options
examined thoroughly, with nothing ruled in or ruled out as yet.
I will keep you updated of developments
as the review progresses however, if you wish to discuss any
aspect of the above, please do
not hesitate to call me.
Please could I also request that you share this information with the
respective organisations and networks that you represent.
Yours sincerely
Chris
Mills
Director, Wales
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