We have been asked to advertise the Pike Anglers event at Llanharren RFC on Wednesday 22nd Feb at 7.30pm, see poster below.
This confirmation helped win a recent legal case by Llangollen Maelor Anglers and Midland Flyfishers, both represented by Paul Stafford of Dispute Support Solicitors, Pershore, and supported by Fish Legal. The case was against Mr. Andy Povey, a canoeist and stand up paddleboarder.
Mr. Povey had paddled through waters controlled by those fishing clubs and outside of the terms of a permissive access arrangement granted by Welsh Dee Partnership on behalf of those fishing clubs and several other angling clubs and riparian owners which allows access 365 days a year to one of the best stretches of white water in Europe on the River Dee in North Wales. Mr Povey, when challenged by anglers, refused to say he would not trespass again and later boasted about his trespass online.
An application for an injunction to restrain Mr Povey from paddling outside the terms of the permissive access was sought in the High Court. However, after some initial resistance, Mr Povey decided he did not wish to fight the application and has undertaken to the High Court to stick to the terms of the permissive access and to contribute towards the clubs’ legal costs.
This follows a court case in 2011 and 2012 in which Mr. Andrew Biddulph issued a court claim against a Fish Legal member club claiming £4,000 in damages for what Mr Biddulph appeared to portray as interference with his right to navigate the River Dove. However, his court claim made little sense and after an application to the court by Fish Legal, Mr Biddulph was ordered by the court to rewrite his claim or withdraw it and pay legal costs. He withdrew and was later ordered by the court to pay over £10,000 to Fish Legal in legal costs, some of which he continues to pay by monthly instalments.
David Hart QC’s full legal advice – commissioned by Fish Legal – is available for download in the notes below, but the first 5 points of his summary could not be any clearer:
- There is no general Public Right of Navigation (PRN) on English and Welsh non-tidal rivers for canoeists.
- A PRN can only be established by long use of vessels on the relevant stretch of river, fulfilling all of the criteria below [these are set out more fully in David Hart QC’s ‘full’ Advice of September 2015].
- That use must have been regular and habitual, and must have made the river of substantial practical value as a channel of communication or transport.
- The time for which that use must be established is ‘time immemorial.’
- The law is entirely clear on the above issues.
Although Lisa Busch QC’s advice raises the possibility that a court might reach a different conclusion on the issue in future, she concedes repeatedly that David Hart QC is right about the current law. Further advice from David Hart QC for Fish Legal confirms that none of the points raised by Lisa Busch QC successfully undermines the long held position of Fish Legal and the Angling Trust (consistent with all legal commentators, textbooks and decided case law) that there is no general right to take boats or other water craft onto non-tidal rivers in England and Wales without the permission of the riparian owner(s).
The Angling Trust, the representative and national governing body for angling, together with Fish Legal, has been pressing British Canoeing (formerly the British Canoe Union or BCU) to accept the clarity of the legal position for many years. The canoeing governing bodies in England and Wales have repeatedly published statements that there might be a general right of navigation on all rivers, that the law is unclear generally and has even advised paddlers how to evade land and fishery owners when paddling without permission.
Many angling clubs and fishery owners have in recent years suffered a steady increase in unlawful canoeing throughout England and Wales which has often prevented them fishing in peace, with many paddlers quoting the canoe governing bodies and/or Rev Dr Caffyn as their justification for doing so.
The Angling Trust & Fish Legal have long supported (and continue to support) the use of voluntary access agreements – made locally by those who know the water best – to provide managed access to rivers in ways which do not interfere with angling or cause damage to often fragile water environments. However, British Canoeing has often refused to sign up to such agreements and has discouraged paddlers from considering them, unless they offer access at all times and water heights. In doing so, they have fundamentally undermined such local arrangements by repeatedly refusing to accept the law.
Mark Lloyd, Chief Executive of the Angling Trust & Fish Legal, said: “We encourage our member clubs and fishery owners to provide more access to canoes and other water craft, but the canoeing governing bodies in England and Wales have made this very difficult by irresponsibly suggesting that paddlers may go where they like without permission and refusing to accept reasonable conditions within access arrangements.
“We hope that David Hart QC’s very clear legal advice and the costly experiences of Mr Povey and Mr Biddulph will now lead to a more sensible position from the canoeing governing bodies and the small minority of individual paddlers who have taken a militant approach to this issue in recent years.”
The Angling Trust & Fish Legal have written to the Canoeing Governing Bodies demanding that they:
- Recognise and accept the law as it is (rather than as they would prefer it to be);
- Recognise the clear legal rights of our members;
- Stop (wrongfully) asserting that the law is unclear;
- Stop discouraging paddlers from considering or entering into voluntary access agreements or arrangements;
- Stop encouraging paddlers to ignore the legal rights of others, commit trespass, and obstruct water bailiffs, anglers, fishery owners and riparian owners;
- Contribute constructively to a position in which there are more opportunities for people to go paddling, while respecting our members’ lawful rights.
- David Hart QC’s Advice 28th September 2015
- David Hart QC’s Further Advice 26th May 2016
- David Hart QC’s Further Advice 8th January 2017
The Welsh Federation of Sea Anglers have asked if we could help publise their competition calender for 2017, see below. If you fish the comps we wish you success.
|Welsh Federation of Sea Anglers|
|Calendar of Events 2017|
|Jan 8th||Country Stores Open||Byrea- Llangennich||B.Davies 01792 875050|
|Jan.15th||Air Ambulance Charity Open||Amroth||J.O’Connor 07774250260|
|Jan.29th||East Region Shore League||Aberthaw & Boverton||Steve Chadwick 02920794954|
|Feb.4th||National Executive Meeting||Rhayader||Colin Doyle 07429179530|
|Feb.12th||RNLI Annual Open||Amroth||J.O’Connor 07774250260|
|Feb.19th||Country Stores Open||Loughor||B.Davies 01792 875050|
|March 5th||Country Stores Open||Loughor||B.Davies 01792 875050|
|March 12th||East Region Shore League||Marcross & Monknash||Steve Chadwick 02920794954|
|March 13-15th||EFSA Wales||Welsh Championships||J.O’Connor 07774250260|
|March 19th||Country Stores Open||Loughor||B.Davies 01792 875050|
|March 25th||WFSA AGM||Rhayader||Colin Doyle 07429179530|
|April 9th||Gwent SAC||St Brides||I.Smith 07854829590|
|April 30th||Country Stores Charity Open||Llantwit Major||M.Cowell 07721791210|
|May 13-20th||World Club Championships||La Tremblade, France||Colin Doyle 07429179530|
|May 14th||Newport & Dist SAC||St Brides||Paul Yates 01633874029|
|May 21st||East Region Shore League||Ogmore to Porthcawl||Steve Chadwick 02920794954|
|17th / 18th June||Team Wales Boat Trials||Amlwch, Angleseyemail@example.com|
|July 9th||East Region Shore League||Llantwit Major||Steve Chadwick 02920794954|
|Aug. 6th||Smoothound Festival||Aberthaw & Boverton||Simon Batey 0759915526|
|Aug. Bank Holiday||Holyhead & Dist SAC||Holyhead Breakwater||Mark James 01407763584|
|Sept.3rd||WFSA Open (pegged)||Aberavon||Colin Doyle 07429179530|
|Sept 10th||East Region Shore League||Sully to Bendricks||Steve Chadwick 02920794954|
|Sept 23rd||Mens Shore Team Fish Off||Llandudno||Cut off date for application 31st March|
|Sept 24th||Mens Shore Team Fish Off||Colwyn Bay||Cut off date for application 31st March|
|Oct.8th||Osprey SAC Open||Amroth||J.O’Connor 07774250260|
|Oct.8th||Barry Angling Festival Final||Cold Knap- Porthkerry||Steve Chadwick 02920794954|
|Oct.21st||Mens Shore Team Fish Off||Llandudno||Cut off date for application 31st March|
|Oct 22nd||Mens Shore Team Fish Off||Penmaenmawr||Cut off date for application 31st March|
|Oct 29th||Welsh Flounder Festival||Loughor||B.Davies 01792 8795050|
|Nov 12th||Penarth Open||Penarth||B.Galley 0292070699|
|Nov.12th||Cwmavon Outcasts SAC||Aberavon Open||Degwill Coleman 07914770590|
|Nov.26th||Ty Coch SAC||Loughor Open||P.Bendle 07988029798|
|Nov.26th||East Region Shore League||Ogmore to Porthcawl||Steve Chadwick 02920794954|
|Dec.10th||East Region Open||Cardiff Foreshore||Steve Chadwick 02920794954|
Dave Couzens fished the pond today (1/2/17) and caught 13 bream and a 5lb carp all on the feeder using sweetcorn. Dave fished from 9.30 to 1.30 from peg 16. Last Wednesday he fished the same peg but only caught 5 bream, Dave fished from 9.30 until 4.30 but the weather was a lot colder. I have heard from other anglers that the pond has fished well all winter.
Last Saturday myself, Tony Rees, Malcolm Williams and Rhys Evans went over to Redhill Fishery and collected 30lbs of fish that we stocked into the pond, the picture shows a net of the fish
I fished Top Pond on Saturday 4th Feb, the weather changed quickly, one minute windy and very, very cold, the next mild with no wind. I hooked 9 bream, landed 6 using an open ended feeder with 2 sweetcorn hair rigged. A couple of pictures below show two of the fish, all of the fish I caught were between 3 and 4lbs. I photographed the fish in my landing net
Become a friend of the Atlantic Salmon Trust
The Atlantic Salmon Trust is celebrating its 50th Anniversary in 2017. With a new Chairman Robbie Douglas Miller, a new CEO Sarah Bayley Slater and a re vamped board of directors, the vision is in the marine environment. This is a very driven team , which is greatly needed, our salmon stocks over the last twenty five years has dropped from 8-10 million to 3-4 million. The smolt statistics are even more worrying as 25% were returning, today less than 3% have returned. Never more has this keystone species needed our help.
Why should you help? Please watch our Chairman’s message first. https://youtu.be/S4gKjmsZIWA
The three projects that the AST are targeting:
- Acoustic tagging
- E dna probes
We have to get the funding to put these three vital projects into place and by your donation we can make this happen. All you have to do is go to our new website www.atlanticsalmontrust.org and click on friends or fill in the attached form and send it back to us.
The AST’s online auction went live on January 14th and closes on February 14th– please take a look as you may well find something that you really like. By bidding you will be helping fund one of the projects.
On May 25th The AST are holding a Gala dinner at Syon House to raise hopefully over £100,000 for these projects.
If you would like to be involved in the Gala through sponsorship, auction lots, donations or the Presidents Club please contact Tiggy Pettifer firstname.lastname@example.org
What do you get as a friend?
You will receive a car sticker, a gift voucher for Fishing TV and a newsletter keeping you updated with the progress that we are making and events happening later in the year.
Thank you, united together we can protect wild salmon.
Fundraising officer for the Atlantic Salmon Trust
EARLY SEASON WILD BROWN TROUT FISHING ON THE RESERVOIRS – CERI THOMAS
March 20th is a special date in the Welsh fly-fishing calendar – it heralds the opening of the brown trout season on stillwater. After many months of waiting and counting down the days, the wild brown trout fishing can finally begin on the reservoirs of the Merthyr Tydfil Angling Association.
March and April can be tough, cold and brutal months on our lakes, but the brownies are still there to be caught. Hit it right, and you can have a really good day.
Should you be lucky enough to be fishing on a calm, mild day you will often find a nice afternoon hatch of small black buzzer on Talybont and Cantref. This invariably brings the trout to the top, hungry as they are after a long cold winter. So make sure you have some imitative black buzzer patterns, small black CDC dries and some wets such as black pennel and blae and black in your box for such occurrences.
Most of the time though, early season is cold and very blowy. In these typical conditions it’s best to get your flies down a foot or two as the trout more reluctant to go near the surface. Best line is a fast intermediate with a sink rate of 1.5 inches per second. Airflo do some good intermediate lines, including the clear Velocity and Sixth Sense – both great lines for our reservoirs.
With an intermediate line I like to fish a long leader about 15 foot length, with two flies, typically a black mini lure on the point such as a woolly bugger, ace of spades, viva or black tadpole. With a traditional wet on the dropper such as coch y bonddu, bibio, zulu, or mallard and claret you have a very effective early season combination.
Covering water really is the key to early season wild brown trout. You will need to find the fish as they will not be active and cruising round the lake like they are in the warm times. A great method is to ‘step and cast’ – get a nice cast out of about 20 yards then step a yard or two down the bank. Give the flies 10 seconds or so to sink then start the retrieve. That step you made also imparts a nice curve into your retrieve that the trout often find very attractive. Step and cast your way down a whole length of bank until you find a few fish.
Finally don’t ignore the shallows – with even thick snow on the hills I have caught fish at the neck ends of Talybont and Canfref, reason being these are the first areas to warm up and they hold a lot of cased caddis and snails in the decayed weedbeds that provide easy food for early season trout. Also the larger Talybont brownies are known to eat spawning frogs and toads tight in the margins – so late March can be a great time to catch a bigger specimen there. But bear in mind the fish may be out of condition, so try to spare the priest as they are not the best eating at this time of year.
The following is from Ben Morris the organiser of the above event………………………..
We are organising a ultra race running and walking on 19th February 2017, which takes in some of the Monmouthshire and Brecon Canal towpath. The Canal & Rivers Trust have asked us to let Fishing Clubs know that the event will be taking place.
Participants will be following the towpath between Brecon and Talybont-on-usk between 0730 and 0900 am. Participants will be clearly briefed that they should keep to the left, in single file and give way always to members of the Public. A lead marshal will be ahead of the first participants to ensure people know they are coming. A sweeper team will follow the route collecting any litter and signage.
We hope this will not inconvenience you in any way and we are keen to deliver this event providing a positive impact on the local communities. However, please get in touch with us if you have any concerns or any questions.
Brecon To Cardiff Race organiser, Run Walk Crawl
Last Saturday over 1000 Salmon, Sea Trout and Brown Trout were killed through a pollution of slurry, over 6 miles of this fantastic river were polluted.
More information follow this link http://www.bbc.co.uk/news/uk-wales-mid-wales-38382670
The Chairman, Officers and the Committee would like to take this opportunity to thank all members for their support during 2016 and to wish all members a very happy Christmas and Tight Lines for 2017.
You may or may not be aware that the Welsh Government is currently consulting on extending Nitrate Vulnerable Zones in Wales.
Details here: http://blog.fishtec.co.uk/help-save-welsh-rivers-from-farm-pollution
To help, all you need do is download a ready filled in word document from the Fishtec blog post, fill in the top with your details (individual or fishing club) and email it off to the Welsh government.
The more people/organisations do it, more chance of the law being changed so less slurry and farm waste etc gets into our rivers.
Father Christmas is coming to the model railway in Cyfarthfa Park on Saturday and Sunday the 17th and 18th December. Come along have a ride on the train and enjoy a visit to Santa’s Grotto
Dear WTT Member
Herewith a link to a PDF version of the latest WTT Newsletter which you can read or download and save to read later wttautumn2016newsletter –best viewed at 100% or less.
Any problems, please contact me and I will try to help and I can send you a paper version if all else fails.
Over the next few weeks we will be investigating the feasibility and cost of an alternative to downloading a PDF. But in the meantime we would be interested and grateful to know (good or bad) how you feel about your experience on this occasion and whether you are content or would prefer something different.
We’re also getting close to the Annual Draw which takes place on Tuesday 13 December. If you haven’t already done so, please buy a ticket or two and encourage your friends to do likewise. You can buy tickets easily via our website shop – CLICK HERE – tickets cost just £1 each and there are a range of great prizes on offer.
Kind regards, Christina
The pdf document below gives a broad picture of what is happening on the river Usk.
If you see an incident on the River Usk, please keep this number handy and report it, although it would appear that nothing is happening, all incidents are logged and the more incidents which are logged the more likely the chance of bailiffs attending, plus if we (the anglers, riperian owners) keep reporting incidents maybe National Resources Wales will employ more bailiffs, please keep ringing in.
We were asked if we would put the Survey on our website, we agreed because we know that many of our members are also keen sea fishermen/women, please complete the survey if you possibly can
Can you please sign the petition below to save our Bass
Reason to sign the petition
- Estimates as to the impact of recreational angling on bass stocks vary from 10% to 25% of all landings. Recent evidence from CEFAS and the Eastern IFCA illustrates how ‘official’ commercial landings data is massively understated suggests that the figure is much closer to 10% and many anglers would argue that it is even lower.
- Organisations like the National Federation of Sea Anglers, now part of the Angling Trust, and the Bass Anglers Sportfishing Society (B.A.S.S.) have been campaigning for the introduction of bass conservation measures for more than 20 years. Things looked hopeful in 2004 when the Net Benefits report by the Cabinet Office recommended that fishery managers look at making bass a recreational-only species. This was followed up by the publication of a Bass Management Plan by B.A.S.S. in October 2004.
- Sadly, the reports stayed on the shelf, bass stocks continued to be over fished and the unsustainable minimum size limit of 36cm remained in place until last year’s long overdue rise to 42 cm – the absolute smallest size at which bass reach maturity and are able to reproduce.
- Scientific advice issued by the International Council for the Exploration of the Seas (ICES) in June 2014 recommended an 80% cut in bass mortality across the EU area for 2015. This followed the 2013 advice for a 36% cut which was ignored. In 2014 bass landings by UK vessels rose by 30% (from 772 tonnes to 1,004 tonnes).
- Current stock biomass in North Atlantic fishery is now estimated to be 7,320 tonnes, well below the ‘B-lim’ of 8,075 tonnes, at which future regeneration becomes critically endangered.
- Sea bass are an iconic sporting species, a top target for anglers with a recreational value of £200m to the economy. Thirty years ago bass were considered primarily a recreational species and were subject to very little commercial harvesting. [MAFF 1987].
- Commercial Hook and Line fishing is more sustainable and allows undersized (and oversized) fish to be returned. It accounts for around 20% of all bass caught commercially in the UK. However, this figure is likely to have decreased following last year’s increase in the bass minimum landing size.
- Following the failure to reach agreement at the European Fisheries Council meeting in December 2014 the EU took the unusual step of introducing a series of welcome emergency measures which were confirmed at the Fisheries and Aquaculture Committee meeting on Friday January 23rd 2015. These included a new minimum landing size of 42cms and a ban on the trawling of spawning aggregations in order to help save declining bass stocks in the English Channel, Southern North Sea and Irish and Celtic Seas.
- The UK secured some success in leading on the introduction of the 2015 package of emergency measures to protect bass stocks. However, the situation has continued to deteriorate. ICES advice for 2016 recommended catches of no more than 541 tonnes – effectively a 90% reduction on 2014. The 2015 measures are estimated to have reduced catches by only 36% – the EC accept they simply didn’t go far enough – and it is now clear that the neither did those adopted for 2016 which included increase in vessel catch limits for inshore gill net and hook and line commercial boats.
PLEASE, SIGN THE PETITION………..
The railway in Cyfarthfa Park will be running Christmas Specials on the Saturday 17th and Sunday 18th December, come along and have some fun
This years AGM will take place on Wednesday 9th November 2016 in the Ex-Servicemens Club Lower High Street Merthyr Tydfil, all members are welcome, if you wish to attend please contact our Secretary Rhys Evans email@example.com we Start at 7pm
National Resources Wales has introduced a new telephone number for any one to report incidents of pollution or poaching, the old 0800 number will continue to work for some time yet. The number is……………..
- News (112)