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DIRECTOR'S REPORT FOR THE QUARTER ENDING 31 MARCH 2005

WEATHER : Continuing mild throughout with a few light frosts in March. Wet in January, becoming drier in February and March. Winds came from most directions and were frequently strong, but severe weather was rarely experienced.

FISHING ACTIVITY
The quarter is noted for being a period of relative inactivity, this year particularly so.
Finfish : Trawlers and set netting continued to take ray, cod, whiting and flatfish (plaice and sole) mainly from central and eastern areas. Dogfish were prolific, some of which found its way as whelk bait.

Anglers and netsmen continued to take some bass - both small and large. This is perhaps a sign that winter water temperatures remain high.

A late run of reasonably sized codling was experienced to the east of the district but rarely made it to Swansea. Most recently, reports suggest good numbers of small codling. It is too early to say if this represents the best year class for some years, but the signs look better.

Seasonal beach netting for cod, bass and flounders took place throughout Carmarthen and Swansea Bay mainly by hobby fishermen. Such netting is prohibited over the summer months because of the need to protect migratory fish.
A small fishery for herring took place off Tenby and Milford Haven but markets were very limited and easily exhausted.

Molluscs : Whelk fishing stopped under the Committee's 1st January - 14th February closed season. Upon commencement 13 boats took reasonable catches at £600/tonne. Most of the boast (10) fished Carmarthen Bay, 1 Fishguard, 2 in Swansea (the larger of the two fishing in the west anyway).

Officers are endeavoring to review the current biological status of the stock in order to inform decisions on a review of the minimum size and closed season. However, from the influx of new vessel effort and revised upgrading of craft it does seem that industry has confidence that current landings will continue.

Cockles : Cockles remain largely unavailable due to their small size, and the Burry Inlet was closed for the first time throughout February and March. Stocks overall are very healthy and are based on the very strong 2004 year class which appears to be over wintering very well. The settlement is very extensive and has added to areas outside of the Burry Inlet and Three Rivers such as at Cwm Ivy.

The timing of future fishing will depend upon the speed of seasonal growth and/or the extent to which the Committee drops the size. Cockle on the lower shore has a longer feeding time and grows faster. Cockle thinning is believed to aid both the survival and growth of remaining cockle. However, in European Conservation sites, such a decision will now require prior assessment.

During storm events at exposed locations the cockles came together in 'rouches'. Normal practice is to authorize their removal or else they would waste and decay. In this quarter such cockles had limited marketability because of their small size, but we might expect the event to become more common as the cockles grow and 'elbow' themselves out of position and are 'light' during the spring spawning period.

Cockle 'poaching' took place in January on patched adult cockle at St Ishmaels and day/night patrols were stepped up accordingly. Mostly the presence of an officer prevents an activity.

Public health classification progressed of a small cockle bed at Angle (c 60 t) and larger bed in Pembroke River (c 1000 t). Samples for the latter were collected by vessel dredge due to access difficulties.

Mussel : Fishing for adults took place in the Burry Inlet (North and Pwll) which saw 24 tonnes valued at £4320 taken. Also quality mussel at Llansteffan was hand removed - 6 tonnes valued at £1800.

The seed beds at St Ishmaels and Whiteford were visited but are yet to be fully surveyed. It is clear that winter losses through erosion and sanding up have been extensive and new settlement has yet to occur. Future quantitive surveys will document this.

Fishery Officers investigated allegations of unauthorized mussel fishing in Swansea Bay taking place outside of designated Private (Several) fisheries. There was evidence of this but it could not be attributed to either operator. It became clear that misunderstandings existed between the operators and the situation was defused and clarified.

A consultation by the Director with interested parties with a view to legalizing the collection of mussels washed inshore of Several Order areas met with a positive response from CCW and Swansea Council, but not from one of the operators. This has therefore been 'put on ice'.

Oysters : Some dredging by 3/4 boats took place upstream of Neyland Bridge, Milford Haven. Catches were reasonable.

Crustaceans : As expected, effort remained at the seasonal low. Spider crab are now present all year and even off Fishguard - again an indication of mild winters. FO M Tilling went about his new patch making contacts, building intelligence and ensuring that the Committee's shellfish sizes were well promoted.

GENERAL
Fishery Protection Vessel : The Master's report continues to detail the extensive works to the FPV supervised by the Master and Mate, and coordinated by Deputy Director. Unfortunately several unforeseen circumstances surrounding, especially, the Davit launch system have contributed to the delay in re-commissioning the vessel from mid February and are ongoing. Shore based Fishery Officers have also contributed to some of the works and Master/Conservation Officer are in liaison concerning data processing using the new bridge electronics.

When completed? the vessel will have a high electronics specification, and will provide a safer and better quality working environment.

Training : On the job training continues for the 'new recruits' and courses in Fishery Officer enforcement and Fishing Gear operations have been attended as described.

Two officers, Dr A Woolmer (Marine Conservation Officer) and Rob Richards (FO) commenced work on the 1st and 14th February respectively.

Several officers had an excess of hours toil/leave which were run down to contract at year end.

Overall : Whilst the first quarter is always the less active one from a fishery perspective and 2005 being especially so, there is no longer a period which can be considered quiet from the SWSFC fishery management service perspective.

(A) COUNT OF (A) INSEPCTIONS (B) TYPE OF INSPECTION FOR 2005
  PERIOD
NO OF
INSPECTIONS
NO
ACTION
OFFENCE
REPORTS
VERBAL
WARNING
TAGGED
OR SEIZED
  JANUARY - MARCH
42
42
0
0
0
  APRIL - JUNE
-
-
-
-
-
  JULY - SEPTEMBER*
-
-
-
-
-
  OCTOBER-DECEMBER
-
-
-
-
-
  TOTAL FOR YEAR
42
42
0
0
0

(B) PERIOD
NO OF
INSPECTIONS
NATIONAL
LEGISLATION
BYELAW
EEC
LEGISLATION
  JANUARY - MARCH
64
11
42
11
  APRIL - JUNE
-
-
-
-
  JULY - SEPTEMBER*
-
-
-
-
  OCTOBER-DECEMBER
-
-
-
-
  TOTAL FOR YEAR
64
11
42
11

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 MARCH 2005

TYPE OF FISHERMAN
ALLEGATION
DATE
COMMENT
1 netsman Unauthorised stake net in Burry Inlet 9/9/04 Warning letter to be issued
2 netsmen Drift netting in Three Rivers bass nursery area. 11/10/04 Proceeding
Llanelli Mags. Court April 05
Fishing vessel owner and skipper Undersized lobsters 9/12/04 Cardiff court 25 May
Licensed cockle gatherer Unauthorised vehicle on Three Rivers area. 23/12/04 Considering

CONCLUDED CASES - END MARCH 2005

CASE ONE
DEFENDANT
BYRON PRESTON, Lyndhurst, New Road, Llanmorlais, Swansea. (BP)

CHARGES
Removed undersized cockles from the Burry Inlet

COURT SCHEDULE
10 September 2004; first call, adjourned to Pre Trial Review (PTR)
11 October 2004; PTR adjourned pending outcome of a similar case.
25 October 2004; PTR adjourned pending appeal in a similar case.
20 December 2004; PTR takes place, adjourned for trial.
24 January 2005; Trial at Llanelli Magistrates Court.

PROSECUTION CASE
On 26 February 2004 Fishery Officers Mike Soroka and Colin Trundle were checking the catches of Licenced cockle gatherers as they left the North sands of the Burry Inlet Cockle Fishery at Machynys.

The defendant was stopped in his vehicle where he was accompanied by another licence holder. A preliminary check of the catch suggested the presence of undersized cockle so three bags were chosen for closer inspection. The average sample revealed 27% undersized.

Interviewed under caution BP expressed surprise at the presence of undersized cockle.

DEFENCE CASE
At trial, the defence advanced was that the procedure the Officers had used to measure the cockles was incorrect in law because the Byelaw suggested the use of a riddle to sort the cockles whereas the Officers had used a gauge. It was not contested that BP had taken the cockles and so this constituted a technical defence.

VERDICT
The Court found the charge proved against BP. They were also content that the procedures used by the Officers were in accordance with the Byelaw.

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

SENTENCE
There were 3 previous fisheries matters listed against the defendant but only one extant within the last 5 years

He was fined £500 and ordered to pay £100 costs (£500 application).


CASE TWO
DEFENDANT
MARK HARDING of 41 Caroline Street, Llanelli, SA15 2 BP

CHARGES
1. Obstructed a Fishery Officer in the course of his duty.
2. Gathered cockles from the Three Rivers estuary when closed

COURT SCHEDULE.
6 December 2004; First call, solicitor appears for Defendant. Adjourned for Pre Trial Review
10 January 2005; PTR, adjourned for trial.
4 February 2005; Trial at Carmarthen Magistrates Court.

PROSECUTION CASE
On 3 August 2004 Fishery Officers were on duty in the Three Rivers Estuary on dedicated task following reports of cockle gathering on closed beds (under Byelaw 24), in particular those at Llanstephan. Five Officers were positioned strategically in the area to enable observations and interceptions to take place.

A vehicle drove onto the bed and several persons including the defendant alighted and were clearly seen to engage in cockle gathering activity. Following a recent incident when persons in similar circumstances had evaded inspection upon the sands, the Officers elected to wait at the beach exits for the conclusion of the activity.

Having gathered significant quantities of cockle the vehicle was loaded by the persons and driven to the exit. Upon sighting the Officers the vehicle was driven at speed to an alternative exit where another Officer was positioned. At this time the vehicle attempted to exit the beach over the sand dunes having driven through a group of holiday makers. When it got stuck the defendant and another person alighted the vehicle and ran off over the dunes (the attempt to evade inspection amounted to Obstruction). Officer Matt Dawkins, not long with the Committee at that time gave chase and eventually caught up with the defendant. Under caution Harding denied any involvement with illegal cockle gathering.

Other Officers had departed the beach exit to give assistance to, and ensure the safety of Officer Dawkins thus unavoidably allowing the vehicle to escape. Dyfed-Powys Police were contacted but could not find the vehicle to stop and search it.

DEFENCE
The Defendant admitted being on the beach. He denied having traveled with the vehicle but rather had been dropped off so he could search the beach for cockle stocks which might form the basis of a fishery later in the year. He had only scraped in the sands and had not gathered even the 8kg he had been entitled to in any case.

He denied helping to load the vehicle but had accepted a lift off the beach from the persons which he knew but was not prepared to identify. They were not called as Witnesses. They had panicked when they saw the Officers but the Defendant had no control of the vehicle as a passenger. He denied running from the Officer and claimed only to be attempting to regain the road where his lift home was waiting.

No cockles were produced by the Prosecution to show gathering took place.

VERDICT
The court did not find the case against Mr Harding proved on either count.

COMMENTARY
The daily allowance of 8kg of cockle when beds are closed at Three Rivers is a considerable obstacle in the enforcement of the fishery closure. It requires proof beyond the mere engagement in gathering to evidence of extent.

Cockle gathering invariably takes place in wide open spaces where covert observations must be conducted from a considerable distance. The recording onto video in such circumstances requires specialist equipment which is both expensive and operationally cumbersome. Officers have considered and trialed such equipment and will now revisit the issue in an attempt to fill the evidential gaps revealed by this case.

The Health and Safety of Officers in these circumstances will always be paramount. The offenders in this case showed blatant disregard for everyone's safety.

CASE THREE
DEFENDANT
OWAIN HARRIES of 22, Upper Cross Street, Llanelli, Carms

CHARGES
1. Obstructed a Fishery Officer in the course of his duty.
2. Used a drift net without displaying any identification marks (Byelaw 34
)

COURT SCHEDULE
19 November 2004; Defendant appears to request time to take advice.
6 December 2004; Defendant appears with solicitor. Adjourned to Pre Trial Review.
11 January 2005; PTR. Adjourned to trial.
19 January 2005; Trial adjourned due illness of Fishery Officer witness.
2 March 2005; Trial at Swansea Magistrates Court.

PROSECUTION CASE
On 19 May 2005, the Fishery Patrol Vessel was on patrol in Carmarthen Bay at the entrance to the Burry Inlet. The inspections RIB had been deployed to check drift netting activity during the early hours of the morning. A net carrying lights but no markings to comply with the byelaws was inspected; there being no vessels near by the net was seized by Officers Mark Pole and Mike Soroka.

Back at the Patrol vessel now at anchor in Rhossilli Bay, a radio call was received from the Defendant who claimed to have lost a net. He was invited to attend the Patrol Vessel's position to assist with enquiries. When he arrived in his boat, he came alongside the RIB which due to the weight of the net had been left in the water.

After an exchange with the Officers regarding the DEFRA licence position of the fishing vessel, and contrary to the Officer's specific instruction, the Defendant took the net from the RIB back into his boat and departed into the night. This amounted to obstruction as the net had been seized in the course of a criminal investigation.

DEFENCE CASE
The Defendant claimed that having heard his explanation regarding his licence and lack of SWSFC permit, the Officers had allowed him to take his net back. He said the Officers had even handed him the net buoys from the deck of the Patrol Vessel. The Officers flatly refuted these claims in cross examination.

VERDICT
The court found both matters proved against the Defendant.
There were four other extant offences recorded against him and he asked that a further offence of using a vehicle in the Three Rivers Estuary be taken into consideration in the sentence.
He was fined £400 for Obstruction and £200 for the unmarked net. Costs were ordered in the sum of £200 (full application).

CASE FOUR
DEFENDANT
RICHARD NEIL PAGE of 29 Granby Close, Llanelli, Carms.

CHARGES
1. Removed undersized cockle from the Burry Inlet Fishery.
2. Obstructed a Fishery Officer in the course of his duty.

COURT SCHEDULE
13 December 2005; First call, defendant enters not guilty plea by post. Adjourned for Pre Trial Review.
31 January 2005; PTR; defendant unrepresented. Adjourned for trial.
3 March 2005; Trial at Llanelli Magistrates Court.

PROSECUTION CASE
On 8 September 2004 Fishery Officer Mike Soroka was on duty on the North side of the Burry Inlet. Gathering activity had been concentrated on a certain bed and the minimum size of the cockles was becoming of concern. As the Defendant arrived to work he was advised of the situation but insisted on going onto the sands.

Some time later FO Soroka went to the Defendant's position and clearly saw that there were undersized cockles in his sacks. When the Officer advised him of this fact, the defendant subjected him to a vulgar and abusive tirade delivered accompanied by the menacing waving of a cockle rake in his direction. Officer Soroka was concerned for his safety, retreated and informed Dyfed Powys Police.

When two Constables arrived they accompanied FO Soroka back to the defendants' position when he allowed an inspection of his cockles which revealed 84% undersized. When required to return the cockles to the sands the Defendant insisted on driving with them to another cockle bed nearby.

DEFENCE CASE
The defendant claimed that he had not intended to remove the cockle from the Fishery but was instead undertaking a relaying experiment. Technically, it was claimed that the cockles had not been taken until they crossed the High Water mark. Case law was adduced to contradict this assertion.

VERDICT
Both charges were found to be proved.
Page was given a combination fine of £250 and ordered to pay £150 costs (full application).