REPORTS
Return to Reports Home

INTRODUCTION
These reports are compiled for the purpose of informing members of the Committees work and activities within the District. Together they provide a useful historical record. The Directors report summarises the reports of Fishery Officers (which members also see) and provides Organisational context. Over the years useful information has been added on inspections and prosecutions which provides a record of enforcement actions.

From time to time various parties have expressed a keen interest in what the Committee does. It is hoped that these reports, which are a matter of public record, will provide the public a useful insight into the Committees work.

DIRECTOR'S REPORT FOR THE QUARTER ENDING 31st DECEMBER 2004

WEATHER - Mild and wet with severe gales. In late October/early November there was a period of settled weather

FISHING ACTIVITY
Finfish - Trawlers and netters took mixed species. Cod were very scarce. Very heavy bass landings were made during the settled spell from mid district marks. Water temperatures are likely well above average.

Molluscs - Whelk fishing stopped before Xmas in the run up to the 1st January - 14th February closure period. Prices remained at £600 per tonne. 2004 landings are expected to be of the order of 1,200 tonnes.

Cockles - No regular cockle fishing took place anywhere due to the severe shortage of adult stock. Storms washed up spat in both major estuaries, and some adult at Llansteffan where one days 'emergency' gathering was authorized.
Stock surveys were undertaken throughout.

Industry patiently await Pembrokeshire County Council Environmental Health Dept to collect sufficient cockle samples from Angle and Pembroke to grant health classification. It was first brought to their attention in July. Joint surveillance has taken place following allegations of some night fishing.

Mussels - Industry have shown more interest this year, it being the case of fish mussel or nothing else. Landings of adult mussel have been made from the central Burry Inlet, Pwll, St Ishmaels and Llansteffan. St Ishmaels shows signs of bait digging/storm erosion.

Crustaceans - Autumnal fisheries are very limited. Crab and some good prawn from the north Pembrokeshire coast. Winter prices were again high.

GENERAL
The Master's report details some of the extensive work on the FPV refurbishment since being slipped in early September. Extensive RIB patrols have been undertaken in the intervening period - mostly inshore for obvious reasons.

More than 22 man weeks have been lost due to illness. Fishery Officer South West and the Mate due to operations and subsequent convelesance, the Admin Assistant due to illness and family reasons.

Fishery Officer L Richardson retired on the 18th December after 12 years service. Fishery Officer Tilling takes over his patch, with interviews for his replacement scheduled for the 28th January.

Dr A Woolmer has been recruited to the position of Marine Conservation Officer following interview in late November, but will not take up position until 1st February.

On the 29th December, as part of the Fisheries and Enforcement Review, the Minister announced that the Sea Fisheries Inspectorate will become an arms length Agency. A decision on whether SFCs will join them has been deferred until the outcome of the Fishery Management (Net Benefits) review is announced in April 2005.

On the 30th December, WAG announced that Penclawdd Shellfish Processors had been successful in their application for a Mussel Several Order in Swansea Bay, taking the number of sites (and Companies) to four. A consultation on a fifth site has just been announced.

* Figures for the period October to December have been amended.

NOTE : Some inspections are covered under more than one legislation and therefore can appear as more than one count in each period.

OUTSTANDING CASES - END DECEMBER 2004

CONCLUDED CASES - END DECEMBER 2004

CASE ONE
DEFENDANTS
1. JEFFERY WILLIAMS, 72 Pencerfenni Lane, Crofty, Penclawdd, Swansea. (JW)
2. ELIZABETH WILLIAMS, 72 Pencerfenni Lane, Crofty, Penclawdd, Swansea. (EW)
3. SPENCER WILLIAMS, 74 Pencerfenni Lane, Crofty, Penclawdd, Swansea. (SW)
4. BRIAN DAVIES, 89 Pencerfenni Lane, Crofty, Penclawdd, Swansea. (BD)

CHARGES
JW, SW and BD - Jointly removed undersized cockles from the Burry Inlet
EW - Aiding and abetting the above

COURT SCHEDULE
26 August 2004; Defendants enter not guilty pleas in absence. Adjourned to pre trial review.
10 September 2004; Pre trial review. Solicitor for the defendants attends. Adjourned to trial.
8 November 2004; Trial at Swansea Magistrates Court

PROSECUTION CASE
On 10 March 2004 Fishery Officers Mike Soroka and Colin Trundle were observing the activities of the defendants JW, SW and BD. They were engaged in cockle gathering activity on the Penryngwyn beds on the north side of the Burry Inlet. BD was carrying the cockle sacks being gathered by the two licence holders and loading them into an inflatable boat nearby.

After some time all three defendants left the gathering site and crossed the river to the southern bank at Crofty pill. They were met there by a pick up truck driven by EW whereupon the cockles were unloaded into the truck and the boat recovered onto a trailer which was then pulled toward the high water mark. Once the vehicle had crossed a pill and almost reached the shore the Officers went to inspect the catch whereupon the vehicle stopped, the boat trailer was unhitched and the truck was driven on a reverse path out onto the sands. Officers pursued and eventually caught up to and signalled the defendants to stop. 34 sacks of cockle were inspected from the rear of the truck bearing the identification tags of JW and SW. An assessment and calculation of the cockles indicated JW's catch to contain 36% undersized whilst SW's catch contained 17% undersized.

JW and SW were cautioned and interviewed at the scene. BD and EW were interviewed about there involvement shortly after.

DEFENCE CASE
The defendants JW and SW claimed not to have finished washing and sorting the cockles and also that, in any case they had not left the fishery with the cockle so the regulations did not apply. They said this was there usual way of operating despite having had several opportunities to wash their catch before they were inspected.

Legal argument ensued regarding the extent of the Fishery and when a cockle was held to have been removed from it.

The cockle measuring procedure was also questioned as to the Officer's use of a gauge rather than a riddle to determine which cockle were undersized.

VERDICT
The Court found the charges proved against JW and SW. They were content that cockles had been removed once they had been taken up from their natural situation. They also found that the byelaw was not limited in the extent of its application to have had a bearing on this case. They were also content that the procedures used by the Officers were in accordance with the Byelaw.
The Court dismissed the charges against EW and BD. Although detailed reasons were not given, this was presumed to have been on the basis of their lesser involvement.

MITIGATION
The current state of the Burry Inlet fishery and the lack of fishing opportunities was alluded to.

SENTENCE
There were no previous fisheries matters in the last 5 years listed against either guilty defendant. They did not claim to have been of previous good character.
They were both fined £400 and ordered to pay £200 costs (£800 application).

APPEAL
Notification of intention to Appeal to the Crown Court (in the first instance) was received but a discontinuance notice was subsequently received before the time limit elapsed.

CASE TWO
DEFENDANTS
1. DAVID DAVIES, 18 Caban Isaac, Penclawdd, Swansea
2. DAVID BRIAN JONES, Penyrheol Farm, Blue Anchor, Penclawdd, Swansea

CHARGES
DD - Removed cockles from the Burry Inlet fishery without a licence.
BJ - Aid and abet the above.

COURT SCHEDULE
6 December 2004; Defendants appear on first call. Guilty pleas entered.

FACTS
On 1 July 2004 Fishery Officer Colin Trundle was on duty on the south side of the Burry Inlet when information was received at the SFC office to the effect that cockles were being removed from the Ochor Draw beds in contravention of the byelaws.

Upon responding Officer Trundle arrived to see an inflatable RIB leaving an area of low water river shoreline and a tractor and trailer parked nearby. This tractor proceeded to drive across the sands in the direction of Crofty where it was stopped by the Officer. The defendant Davies was at the wheel. The towed trailer contained a considerable quantity of cockles. Davies is not the holder of a licence.
Interviewed under caution Davies was evasive as to who had gathered the cockle and who else had been involved in the operation. During this interview the defendant Jones arrived at the scene and volunteered information to the effect that he owned the tractor and the cockles were bound for his processing factory nearby

MITIGATION
Defendant Jones said the cockles had been gathered some days earlier when a protest by licenced gatherers had taken place concerning the Committee's policy on cockle minimum sizes. He had not wished to see them go to waste and instructed his employees to retrieve them. Davies was a casual operative who had merely been following instructions

SENTENCE
There were no previous fisheries offences in the preceding 5 years to consider.
DD was fined £150; BJ was fined £300. Both were ordered to pay £100 costs (full application).

CASE THREE
DEFENDANT
JOHN GRAHAM EDWARDS, 35 Wimmerfield Drive, Killay, Swansea.

CHARGES
1. Removed cockles from the closed Three Rivers Fishery
2. Failed to redeposit shellfish taken contrary to Byelaw.
3. Obstructed a Fishery Officer.

COURT SCHEDULE
6 December 2004; Defendant appears to enter guilty plea.

FACTS
On 18 May 2004 Senior Fishery Officer Haydn Morgan was on patrol at St. Ishmaels near Ferryside overseeing members of the public removing their 8kg (half bucket) allowance of cockle from the closed beds. The defendant was stopped as he left the sands with two buckets full.

He claimed to be gathering cockles on behalf of his wife not present on the sands and went on to admit that he had been selling them. A rather surly attitude was taken with the Officer and upon instruction to return the excess cockle they were poured on the high water mark to perish.

Notwithstanding this unhelpful demeanour, a Formal Caution was offered by post which was returned by the occupant at that address with the advice that no one of the defendant's name resided there. Subsequent enquiries by Fishery Officers at the St. Ishmaels caravan park, the DVLA and a local estate agent finally tracked the defendant down to a holiday caravan where he was served personally with the charges to which had been added the Obstruction for giving a false name and address.

MITIGATION
The defendant apologised to the Court and Fishery Officers and said he had panicked at the time but now conceded it had been a silly mistake to give false details.

SENTENCE
There were no recorded previous fisheries convictions.

For the two cockle matters fines of £50 each were imposed to which was added £100 for the obstruction. A order for costs of £100 was made (full application).

CASE FOUR
DEFENDANTS
1. PETER MAINWARING, of 31 Nurses Corner, Penclawdd, Swansea.
2. ANN MAINWARING, of 31 Nurses Corner, Penclawdd, Swansea.

CHARGES
Both - Removed undersized cockle from the Burry Inlet Fishery

FACTS
On 23 June 2004 Officers Mike Soroka and Mark Tilling were inspecting catches of licensed cockle gatherers as they left the Burry Inlet on the north shore at Machynys.

The defendant's vehicle was stopped and the contents of their cockle sacks assessed. PM had 95% undersized; AM had 21% undersized.

MITIGATION
The defendants told the court that the quantities of sizeable cockle in the Inlet was so low that to maintain their market stall business they needed to pick the smaller cockles or buy in inferior product from England.

SENTENCE
Both were fined £200 and ordered to pay £50 costs (full application).

NB. Members will be interested to note that significant numbers of cockle sacks were found abandoned on the beach following this inspection as if those following had been alerted to the presence of the Officers.