Martin Salter – Looking back on a good year

Martin Salter looks back at his year with the Angling Trust, some remarkable fishing trips and more.

Fighting For Fishing Blog

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Environment Agency West Thames Fisheries and Biodiversity Project Summary 2012/13

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Environment Agency South East Annual Fisheries Report 2012/13

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Judgment paves the way for Water Companies Dirty Secrets to be Exposed

037-1024x768The public’s ‘right to know’ what gets dumped into our rivers received a welcome boost this week when the Court of Justice of the European Union issued a judgment on important questions of EU law related to public access to environmental information about the activities of the privatised water and sewage companies in the UK.
This judgment came out of Fish Legal's ongoing case at the UK's Upper Tribunal which aims to overturn the Smartsource decision in 2010 that denied the public access to information about water companies. The Court of Justice ruled that as a matter of principle water and sewage companies can be subject to disclosure obligations to the public, but that it is for our national courts to rule definitively on the facts in this case. Lawyers at Fish Legal are hopeful that the judgment will lead to the establishment of public rights of access to environmental information held by water companies.
The Upper Tribunal is likely to rule on this matter early in 2014. Although they were once state-owned, water companies were privatised in the early 1990s and have always considered themselves outside the UK’s freedom of information obligations. Fish Legal often asks water companies for information about pollution and other incidents affecting its members' fisheries so that it can fight for compensation to pay for restoration, to campaign against water pollution or over-abstraction, or to press the Environment Agency to take regulatory action. It is currently fighting more than 60 legal cases on behalf of its members. Whilst some companies have responded, many have on numerous occasions refused information requests from Fish Legal, as well as from other concerned members of the public. This ‘secrecy blanket’ has protected parts of the water industry from proper public scrutiny, and in some cases from legal action. Fish Legal has therefore been battling through the courts for many years to get the industry – one of the biggest polluters of the water environment in the UK – to be required by the Environmental Information Regulations (EIRs) 2004 to reveal what they allow to spill, leak and seep into our lakes, rivers and coastal waters. The legislation places a duty of disclosure on those subject to it and important safeguards that the public can rely on to receive complete and accurate information from organisations within a certain time frame. If they don’t comply, there is a formal process of complaint and appeal to the Information Commissioner, and through the courts if necessary.
In the Smartsource case the Upper Tribunal ruled that water companies should not be subject to the EIRs, but the CJEU judgment now casts doubt on that decision after Fish Legal appealed against the original decision. Fish Legal has funded the substantial legal costs of taking on some of the country’s biggest companies with income from its member clubs and fisheries and from subscriptions and donations from tens of thousands of anglers who are members of the Angling Trust and Fish Legal.
William Rundle, Head Solicitor at Fish Legal, said: "Today's judgment sets out clear guiding principles for the continuance of our case. It is now clear as a matter of principle that the privatised Water and Sewage Companies may well be subject to public rights of access to environmental information, where certain criteria are met. This ground-breaking statement of principle will be subjected to an examination of the specific factual circumstances by the Tribunal which will give its final judgment shortly."
Mark Lloyd, Chief Executive of the Angling Trust & Fish Legal said: “Although this is not a final victory in this case, it paves the way for one in 2014. It’s high time the water companies came clean about what they put into – and take out of – the nation’s precious water environment. It’s not just anglers who want to know what damage these huge companies have done to their fish, there are millions of people who swim in rivers, lakes and the sea who should have the right to know if the water has been polluted. We will keep fighting to remove this ‘secrecy blanket’ and to ensure that all the water companies are forced to open up to proper scrutiny.”
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Anglian Water Fined after poorly treated sewage effluent discharged into sea

awAnglian Water Services Ltd has been fined after discharging poorly treated sewage effluent into the North Sea on two occasions last year. The incidents took place at the Clacton (Holland Haven) Sewage Treatment Works, Essex. Anglian Water holds an environmental permit from the Environment Agency allowing for the discharge of up to 27,419 cubic metres per day of secondary treated sewage effluent to the North Sea.
Today (17 December 2013), they admitted to Chelmsford Magistrates’ Court that discharges had breached numeric limits imposed under the permit. They were fined a total of £28,000, ordered to pay full costs of £3,375.39 and a victim surcharge of £120. On each occasion, the treatment works failed to meet numeric limits prescribed by the Urban Waste Water Treatment (England and Wales) Regulations 1994 which implement the Urban Waste Water Treatment Directive (91/271/EEC).
Mr Jamie Fairfull, a Senior Environment Officer of the Environment Agency, said: “Clacton Sewage Treatment works is now seeing considerable investment. These incidents may have been avoided if that investment had been put in place earlier. “There has been a long history of permit breaches at the site and the incidents in 2012 involved significant breaches of a permit condition. “Whilst we did not measure any environmental impact in this case, discharges of poorly treated sewage effluent can result in negative conditions for aquatic life far beyond the discharge area.” The aim of the legislation is to protect the environment from the adverse effects of urban waste water, comprising domestic and trade effluent and rainwater.
The company pleaded guilty to breaching the Environmental Permitting (England and Wales) Regulations 2010, between 2 and 5 March 2012 and 24 and 27 April 2012. A third offence which took place between 7 and 10 May 2012, was admitted and taken into consideration, also involving a discharge of sewage effluent that failed to meet these numeric limits Anglian Water confirmed that all of the incidents were due to solids loss and were associated with heavy rain causing instability in the treatment process.
Mrs Claire Corfield, prosecuting for the Environment Agency, said: “The works are designed to deal with storm events, so heavy rain should not have an adverse impact on the treatment process. “These incidents could have been avoided had effluent treatment at the works been more carefully managed.”
The incidents involved breaches of upper tier limits which discharges must never exceed. For Biochemical Oxygen Demand (BOD) the upper tier limit is 50 mg/l and for Chemical Oxygen Demand (COD) the upper tier limit is 250 mg/l. A sample taken in March 2012, revealed BOD of 392 mg/l and COD of 3,390 mg/l; a sample taken in April 2012 revealed BOD of 66.7 mg/l. The sample taken in May 2012, revealed BOD of 247mg/l and COD of 983 mg/l. Sample results also revealed that the treated effluent discharging from the works was of a poorer quality than the sewage effluent entering the works. The March 2012 sample results showed the percentage reduction for BOD was minus 20.25 per cent and for COD was minus 376.13 per cent. The May 2012 sample results showed the percentage reduction for BOD was minus 104.14 per cent and for COD was minus 129.14 per cent. This showed that the effluent leaving the works was more polluting than that entering.

 

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Farm fined a total of £37,000 for persistent pollution

Environemnt Agency
Yesterday, 12 December 2013, A&A Rodenhurst Ltd of Wadborough was sentenced at Worcester Magistrates’ Court to four charges relating to the repeated pollution of a local watercourse bordering their premises at Wadborough Park Farm, Worcestershire. The company was also sentenced to one charge of failing to comply with an Environment Agency Notice that required them to make improvements to slurry and silage stores at the farm. 
The company pleaded guilty at an earlier hearing on 7 November 2013. A&A Rodenhurst Ltd was fined a total of £37,000 and ordered to pay £20,000 in costs, along with a £15 victim surcharge. In court, the Environment Agency also secured a Court Order (under Regulation 44 of the Environmental Permitting Regulations 2010) requiring the company to bring slurry and silage storage up to legal standard and to undertake other specified improvement works to protect the water environment. All of these works must be completed by 30 June 2014. The charges brought by the Environment Agency relate to offences under Regulations 12(1) and 38(1)(a) of the Environmental Permitting Regulations 2010, and Regulations 7 and 10 of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010. A&A Rodenhurst Ltd operates an intensive beef rearing business at Wadborough Park Farm (WPF) near Pershore, Worcestershire.
Following visits by Environment Agency officers in late 2011 and early 2012, concerns were raised relating to inadequate storage of slurry and silage at the farm, and pollution of a small watercourse with farm effluent was identified. During inspections, officers noticed cattle sheds housed alongside a very large slurry lagoon which was overflowing and located too near to the watercourse. This is in contravention of environmental legislation designed to ensure the protection of the environment from agricultural operations. The silage store was also found to not have the necessary effluent collection and storage infrastructure and a second slurry lagoon in use at the farm was not up to standard. Samples taken from the watercourse confirmed that the water was polluted with a foul smelling foam and scum substance found to be organic material from the farm. Environment Agency officers notified the directors of the company and asked them to repair the problems as they were in breach of relevant legislation.
The discharges of farm effluent were impacting on water quality and affecting residents in the village of Hawbridge, up to one kilometre downstream. Remedial work undertaken by A&A Rodenhurst Ltd was unsuccessful in preventing the pollution of the local watercourse and insufficient work was done to improve slurry and silage storage at the farm. In March 2012, the company was served with a Legal Notice requiring specific works to bring the relevant farm infrastructure up to minimum industry standards. This Notice was not complied with.
Speaking after the case, an Environment Agency officer in charge of the investigation said: “A&A Rodenhurst Ltd allowed the continued pollution of a local watercourse through repeated discharges from the farm into the stream without a permit. “We do everything we can to protect the environment, local rivers and watercourses. A permit would never have been authorised for a polluting effluent to enter into inland freshwaters and this case sends out a clear message that we will not hesitate to prosecute when environmental damage is caused.” In mitigation, the court heard that the company had made some attempt to comply with the Notices and that they had no previous convictions listed against them.
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Fisheries Minister urged to ‘Give Fish a Chance’

Angling Trust urges new Fisheries Minister to ‘Give Fish a Chance’ The Angling Trust, at its first meeting with the new Fisheries Minister George Eustice on Monday 8th December, urged him to implement conservation measures and to manage more of the UK’s inshore fish stocks for the benefit of recreational anglers, rather than just for commercial exploitation.

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Mark Lloyd and George Hollingbery MP handing the Sea Angling 2012 document to new Fisheries minister George Eustice MP
The Trust particularly stressed the need to protect juvenile and migratory fish in estuaries and other nursery areas from both legal and illegal netting and to stop commercial targeting of fish that are aggregating to spawn. These will be key elements of the Trust’s forthcoming ‘Give Fish a Chance’ campaign aimed at securing a better deal for sea anglers. A recent Defra-funded report, Sea Angling 2012, demonstrated that sea angling has a £2 billion economic benefit for the economy, far greater than commercial fishing’s, but this is under threat due to a failure by governments for decades to protect inshore fisheries.
The Trust’s CEO Mark Lloyd and campaigns chief Martin Salter were accompanied by George Hollingbery MP (Chair of the All Party Parliamentary Angling Group). They told the Minister that although Sea Angling 2012 showed that nearly 1 million people are still going sea fishing, 70% of them stated that they would go fishing more if fish stocks were improved. They stressed that a lack of fish was the biggest barrier to the next generation taking up recreational sea angling. The Angling Trust has also issued a briefing along these lines to all MPs in advance of the Fishing Industry debate this week. Angling’s representatives also raised with the Minister other issues affecting anglers including unlawful canoe access to rivers, bass conservation measures, the impact of cormorants and goosanders on fish stocks and the need to implement the Water Framework Directive. The Minister agreed to continue the practice of hosting an angling summit for a wide range of angling and fisheries organisations, in addition to regular meetings with the Angling Trust.
George Hollingbery, Chair of the All Party Parliamentary Angling Group said: “Angling is really important to rural and coastal economies and the government needs to recognise this by giving recreational anglers a greater share of the fish stocks and by protecting juvenile and spawning fish from exploitation. Fish are far more valuable to the country as a target for rod and line anglers than in a trawler’s net.”
Mark Lloyd, Chief Executive of the Angling Trust said: “George Eustice was receptive to our concerns and seemed well informed already about the issues we raised. I am hopeful that we will be able to work closely with him and the other Defra Ministers in the future to guide policies for the benefit of all anglers.”
Martin Salter, National Campaigns Co-ordinator at the Angling Trust added; “Having commissioned the valuable Sea Angling 2012 report the government now needs to use its findings to ensure that recreational sea fishing still has a future. This means greater protection for estuaries and inshore waters and the creation of designated recreational only fisheries and species. These policies have been clearly demonstrated to work well in other countries around the world. We just need the imagination to make this a reality over here.”
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Water company fined £58k for discharging sewage into Tamar estuary

South West Water has been ordered to pay £58,375 in fines and costs for discharging sewage into a tributary of the Tamar estuary. The case was brought by the Environment Agency.

The offences were committed at the company’s Camels Head treatment works that treats sewage from 40,000 people and operates under an Environmental Permit designed to protect human health and the environment. In 2011, investigations revealed that there were too many sewage spills from the Camels Head site storm overflow and that the water company was in breach of its permit. The consent to discharge for Camels Head states that sewage can only be discharged from the site’s storm weir when flows exceed 420 litres per second. A storm weir is a physical barrier that can be set at different height levels.
The weir at Camels Head had been set at 340 litres per second which meant it operated more often than it should have. Sewage which should have undergone full treatment was discharged into the environment. Checks showed these illegal discharges had been taking place intermittently since March 2004. South West Water told the Agency there was a pipework restriction further along the treatment process that acted like a ‘bottleneck’ and that meant the works could only cope with a maximum flow of 340 litres per second.
The court heard Camels Head was an old treatment works where there had been problems in the past. The company said the treatment works would have flooded if sewage hadn’t been allowed to discharge from the storm weir and that plans were already in place to remove the restriction as part of a capital improvement scheme. Appearing before Plymouth magistrates, South West Water, of Peninsula House, Rydon Lane, Exeter was fined a total of £50,000 and ordered to pay £8,375 costs after pleading guilty to two charges under the Water Resources Act 1991 and the Environmental Permitting (England and Wales) Regulations 2010 of discharging sewage effluent from its Camels Head sewage treatment works into a tributary of the Tamar Estuary.
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Sainsburys admit ‘British’ Eels were from New Zealand

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(picture: Angling Trust)
The Chief Executive of Sainsbury’s, Justin King CBE, has written to the Angling Trust admitting that jellied eels sold in his supermarkets are not in fact from the British Isles, as they were marketed, but are in fact from New Zealand.
He was responding to a challenge by the Angling Trust, who had been informed by the National Anguilla Club that jellied eels were being sold in Sainsbury’s under a large sign saying “from sustainable sources from around the British Isles”.
Mr King said that “as a result of your communication, we will ensure that communications at our store fish counters are as clear as possible.” The European Eel has been a recognised endangered species since 2010 and anglers are required by law to return any that they catch using rod and line.
Only last week, the highly respected International Council for Exploration of the Seas (ICES) issued its latest report on eel stocks: “The status of eel remains critical and urgent action is needed. ICES advises that all anthropogenic mortality (e.g. recreational and commercial fishing, hydropower, pollution) affecting production and escapement of silver eels should be reduced to as close to zero as possible, until there is clear evidence of sustained increase in both recruitment and the adult stock.”
The Angling Trust has campaigned over the past three years at national and international level for a complete cessation of all commercial eel fishing following a 95% decline in stocks in recent decades and very little science about the natural history of this mysterious fish which used to form a vital part of freshwater ecosystems. The Trust believes that a precautionary approach must be adopted and calls on the Environment Agency to stop issuing commercial licences.
One of the justifications for issuing licences is that they are necessary to carry out re-stocking. However, the ICES report was sceptical about this approach, saying: “Restocking under the eel management plans is not expected to have contributed to increased silver eel escapement yet because of the generational lag time. The efficacy of restocking for recovering the stock remains uncertain while evidence of net benefit is lacking.”
Mark Lloyd, Chief Executive of the Angling Trust said: “We welcome Sainsbury’s admission, and hope that it will take a careful look at the source of all its fish and how it is marketed. Earlier this year they admitted labelling farmed salmon incorrectly after an investigation by the Salmon & Trout Association. Provenance is very important to customers and we should be able to trust supermarkets to be absolutely precise about how food is labelled so that we can take informed decisions.”
He added: “Most anglers have accepted the need for compulsory catch and release of eels, but they just cannot understand why this by-law has been introduced when many tonnes of eels and elvers are caught legally every year in nets. It is time that the Environment Agency and the European Union followed the advice of the experts at ICES and outlawed all commercial exploitation now.”
Andrea O'Sullivan General Secretary, National Anguilla Club, welcomed the news saying: "I'm delighted that Sainsbury's have acknowledged that their advertising was misleading to their customers however, it is still disappointing that eel is sold at all as the New Zealand Long Fin and Short Fin eels being supplied are also under threat. It seems like the "sustainability" problem has just been shifted to the other side of the world rather than been addressed in a more ecologically responsible manner by withdrawing eel meat from sale completely. Selling eel meat, even when sourced from abroad, perpetuates the supply and demand cycle rather than changes the eating habits of consumers, and all the major supermarkets which sell eels from New Zealand, like Sainsburys, Tesco and Asda among others, are equally culpable in this respect. It would be hard for one major player in the chain to drop out of the market and leave its competitors free to carry on; however Sainsburys has an ideal opportunity to lead the field by example, if it truly believes in being a sustainable retailer, rather than follow the others for reasons of profitability only. Only time will tell if they have the courage of their convictions to do this."
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Farmers, anglers and landowners unite behind sustainable access campaign in Wales

A broad-based coalition has been launched today with a website at www.accesscymru.org to campaign for locally-managed access to the Welsh countryside and rivers to ensure that it is sustainable and does not impact on legitimate and economically-important activities such as farming and angling.
The coalition is responding to an on-going consultation on access to the countryside by the Welsh Government, led by the Minister for Culture and Sport, John Griffiths AM, who refused to rule out the possibility of opening up access to all land and water without restrictions at a recent meeting with coalition members, which has incensed a wide range of people who make a living in the countryside. A series of consultation events have been held with stakeholders at which landowners and angling bodies have expressed their concern about the impact on wildlife, livestock and property rights from the proposals. The coalition wants to see sensitive wildlife and fish spawning sites protected, members of the public kept safe from livestock, and to avoid conflict with legitimate users. They are very concerned about the potential legal liabilities and insurance costs that would be heaped onto rural businesses as a result of unfettered access to the countryside being imposed across the whole of Wales. Many livestock farmers, already under great economic pressure, have said that this would have a very damaging effect on the way that they farm, with concerns over dog controls and damage to crops.
There are great fears that members of the public might be injured or killed by farm animals when straying off managed paths. Angling clubs are extremely worried by proposals for universal access to water as they are already suffering the impacts of widespread illegal canoeing. Angling clubs and landowners have had great difficulties finalising voluntary access agreements because Canoe Wales has refused to allow its regional representatives to agree to any restrictions, insisting instead on access at all times and water heights. A green paper consultation is expected before Christmas and the leaders of the organisations are holding a series of meetings with Assembly Members, Ministers and officials to make their views clear.
The coalition of rural organisations has launched a call for funds to support the campaign, including the cost of legal advice on potential challenges to legislation. Details of where you can send your donations can be found at www.accesscymru.org where you can also sign up in support of the campaign.
Rachel Evans, Director of the Countryside Alliance in Wales said: “Wales has a vast network of footpaths and bridleways and large areas of National Park which are available to walkers, riders and mountain bikers. It is already difficult for farmers and landowners to manage their activities to keep potentially dangerous livestock away from these paths. A free-for-all would create chaos in the countryside.”
Ben Underwood, Director of the Country Land and Business Association in Wales said: “We have put forward a range of proposals to improve access legislation to remove some of the bureaucratic red tape and to reach agreements more rapidly at a local level so that local people and visitors alike can explore the Welsh countryside safely, but without damaging the interests of thousands of rural businesses who make their living from the land, and are major employers. We would strongly resist any blanket proposals that did not take into account local diversity.
Mark Lloyd, Chief Executive of the Angling Trust & Fish Legal said: “On several rivers, such as the Wye, Usk, Dee, Conwy and Teifi, agreements have been drawn up to allow canoes and other boats access at certain times of the year to avoid conflict with anglers and/or spawning fish. These agreements have worked well in many places, but in others they have not progressed because Canoe Wales has resisted agreements which do not allow unfettered access for everyone at all times. The canoeing governing bodies have also created confusion in Wales and the rest of the UK by suggesting that there might be some uncertainty about the law regarding navigation, which there is not.”
Tony Rees, Chairman of Angling Cymru said: “Officials have shown an interest in replicating the right to roam arrangements in Scotland, but this is not a good comparison. There have been significant problems in areas close to major urban centres in Scotland and angling businesses on rivers such as the Tay have lost a huge amount of visiting anglers because of an influx of commercial rafting companies that make fishing impossible. Wales is in easy access of Liverpool, Manchester, the West Midlands conurbation and Bristol; unregulated access to rivers could impact very significantly on tens of thousands of people in Wales who are members of local angling clubs. Angling Cymru has always promoted voluntary access agreements as the preferred way forward and its members are committed to this end.”
George Barron, Chairman of the Welsh Salmon and Trout Angling Association said: "I feel that the new legislation being proposed by John Griffiths AM is basically the 'Nationalisation' of all Welsh waters and land. If unrestricted blanket access goes ahead, all farmers, landowners and most certainly angling clubs, may no longer have control or be able to manage effectively the assets presently under their control. Any new access legislation must be agreed locally by all the User Groups, they must be regulated and endorse similar codes of conduct as expected of the landowners and angling clubs. Given that enforcement by the NRW will be a major concern, particularly on the waterways, all User Groups should also share the cost of improved bailiffing and enforcement on a pro rata basis."
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