Welsh Net Prosecution

Welsh Net Prosecution

At Cardigan Magistrates’ Court on Tuesday 6 March three local men wereordered to pay a total of £ 900 in fines and costs after pleading guilty toillegal fishing offences committed on the River Teifi at Cardigan. Theprosecutions were brought by Environment Agency Wales.

Emlyn James Rees of Williams Terrace, Cardigan and George Sommerville of BayView, Parcllyn, Aberporth both pleaded guilty to two offences:

Placing an unauthorised fixed engine (a net) on the River Teifi upstream ofCardigan Town, an offence contrary to Section 6(1) of the Salmon &Freshwater Fisheries Act 1975 (as amended by Section 33(1) of the Salmon Act1986).

Taking a migratory trout otherwise than by means of an instrument which theywere entitled to use for that purpose by virtue of a fishing licence, anoffence contrary to Section 27(a) of the Salmon & Freshwater Fisheries Act1975.

Both men were ordered to pay fines of £ 150 on each offence.

A third man, Dean Adam Binding of Ivy Cottage, Talgarreg also pleaded guiltyto the second offence. He was fined £ 150

All three men were ordered to pay £ 50 each in costs.

The Court was told that during the night and morning of 4/5 September 2006two Enforcement Officers from Environment Agency Wales were conducting aroutine patrol of the lower reaches of the River Teifi at Cardigan. They sawRees and Summerville walking through the swimming pool car park carryingpaddles. The two men were known to one of the officers who had previouslyseen them operating a canoe in the River Teifi. The Officers later saw thetwo men near the entrance to Cardigan Cottage Hospital where they appearedto be making their way to the nearby River Teifi.

The officers took up a fresh vantage point near an area known as the Holt.From here they saw an open, green, kayak-type canoe approximately 150 metresup stream. The actions of the two persons on board led the officers tobelieve that they were checking a net. As the canoe travelled downstreamtowards Cardigan it passed within 15 metres of the officers’ position,enabling them to identify the occupants as Rees and Sommerville.

The officers subsequently found a net, which had been set right across theriver.

The following morning (6 September) as one of the officers was driving overCardigan New Bridge, he saw the green canoe travelling downstream from thedirection of the Holt. He made his way to the hospital grounds, where he sawit being landed on the hospital side of the New Town Bridge. On thisoccasion Rees and Summerville were accompanied by a third person,subsequently identified as Binding. They had in their possession a greenarmy-style bag.

As the three made their way across the town’s swimming pool car park theywere intercepted by the officer, the green bag was searched and found tocontain a gill net and a quantity of fish. The three men declined aninvitation to attend Cardigan Police Station in order that a formal tapedinterview could be conducted but did agree to be interviewed under cautionat the scene.

During the course of those interviews Rees and Sommerville both admittedhaving set the net at approximately 1.15am on 5 September and havingretrieved it with Binding at 9.15am on 6 September. Binding admitted hisrole in retrieving the net.

The Officer then took possession of the monofilament gill net, some 45 yardsin length, which when sorted was found to contain four mullet, three bass,one flounder and a migratory trout.

The net was retained by the Agency under the powers of the 1975 Act whilstthe Court made an order of forfeiture in respect of the seized fish.

After the case an Agency spokesperson commented:

“Our Fisheries Enforcement Officers will continue to patrol the river Teifi and other rivers in West Wales throughout the forthcoming angling season. Any evidence gained of illegal fisheries activity will lead to appropriate enforcement action. Migratory salmonid stocks are under enough pressure including loss of feeding grounds and netting at sea. The use of a set net to intercept adultfish on their return journey to their spawning grounds is a seriousfisheries offence, recognised by the courts when sentencing, as in this case.’