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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
 
Written By: Angling Trust
On Date: 27/7/2010

The 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The Marine & Coastal Access Act repealed Section 19 of the Salmon and Freshwater Fisheries Act.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.”

 

 

 

 

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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