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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.
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.
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.
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|
| |
|
|
|
|
|
|
| |
JANUARY - MARCH |
42
|
42
|
0
|
0
|
0
|
| |
APRIL - JUNE |
-
|
-
|
-
|
-
|
-
|
| |
JULY - SEPTEMBER* |
-
|
-
|
-
|
-
|
-
|
| |
OCTOBER-DECEMBER |
-
|
-
|
-
|
-
|
-
|
| |
TOTAL FOR YEAR |
42
|
42
|
0
|
0
|
0
|
|
|
|
|
|
|
| |
JANUARY - MARCH |
64
|
11
|
42
|
11
|
| |
APRIL - JUNE |
-
|
-
|
-
|
-
|
| |
JULY - SEPTEMBER* |
-
|
-
|
-
|
-
|
| |
OCTOBER-DECEMBER |
-
|
-
|
-
|
-
|
| |
TOTAL FOR YEAR |
64
|
11
|
42
|
11
|
| 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 |
BYRON PRESTON,
Lyndhurst, New Road, Llanmorlais, Swansea. (BP)
Removed undersized cockles from the Burry
Inlet
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.
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.
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.
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.
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).
MARK HARDING
of 41 Caroline Street, Llanelli, SA15 2 BP
1. Obstructed a Fishery Officer in the
course of his duty.
2. Gathered cockles from the Three Rivers estuary when closed
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.
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.
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.
The court did not find the case against
Mr Harding proved on either count.
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.
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)
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.
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.
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.
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).
RICHARD NEIL PAGE of
29 Granby Close, Llanelli, Carms.
1. Removed undersized cockle from the
Burry Inlet Fishery.
2. Obstructed a Fishery Officer in the course of his duty.
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.
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.
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.
Both charges were found to be proved.
Page was given a combination fine of £250 and ordered to pay
£150 costs (full application).
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