River Mole Polluter Pays £18,000 in Damages

River Mole Polluter Pays £18,000 in Damages

 A company that polluted nearly 5km of the River Mole, the principal tributary of the River Taw, in Devon has paid £18,000 in damages to local angling clubs and fishery owners following a legal claim. In July 2019 liquid anaerobic digestate deposited by agricultural contractors AJ Sing and Sons Ltd on fields north of South Molton entered the river, causing what was described by one Environment Agency officer as the worst fish kill they had seen in 30 years. An estimated 15,600 fish died as result of the pollution, including juvenile salmon, adult brown trout, sea trout and juvenile brown trout.

Represented by Fish Legal, the anglers’ damages claim followed a criminal prosecution brought by the Environment Agency (EA) where the company and an employee were fined a total of just £2,667 at Exeter Magistrates Court on 28 July 2021.

The anglers are donating all of the damages to help fund projects run by the Westcountry Rivers Trust (WRT) in co-ordination with River Taw Fisheries & Conservation Association (RTFS) that improve and restore the habitat and spawning potential of the River Mole, giving fish populations the best chance of recovery.

Justin Neal, Fish Legal Solicitor, said: “The digestate was being spread at a time when there was rain and the leaking pipe was left for days, meaning that this highly damaging waste washed into what was a pristine river habitat, causing a total wipe-out of fish for a considerable distance.”

He added: “Whilst we are pleased that the EA prosecuted those responsible for pollution offences, we are finding in other cases across England and Wales that the spreading of digestate and fertiliser is not properly controlled with full oversight by regulators.  Nevertheless, we hope that the money which was paid to our angler members can now be put to good use to assist the recovery of the catchment.”

Alex Gibson – River Taw Fisheries & Conservation Association

Alex Gibson, who was Chair of RTFCA at the time of the pollution incident and is also a claimant said: “It is not just anglers fishing below the polluted stretch, but all those who enjoy the river and its ecology that have felt the devastating effect of this pollution incident and unfortunately will continue to do so into the future.  Our collective claim enables us to provide £18,000 to the WRT for river improvement work on the Mole.

He added: “We hope the fact that anglers on the river have come together to take legal action directly against these polluters will send a message to others in the catchment that they need to take care when dealing with highly toxic substances or pay the consequences.”

Statement from Alex Gibson

“We all remember too well the Mole pollution incident at the end of July 2019. Anaerobic digestate being spread as a fertiliser on fields north of South Molton by Alun Sing, a farmer and contractor, was allowed into the River Mole in large quantities.

The EA estimated that about 15k fish were killed over a 5km stretch. That made it an EA Category 1 incident. Adult sea trout, adult brown trout, juvenile salmon and juvenile brown trout, some of which would have become sea trout, were killed. Also killed were stone loach, bullhead and minnows. In short it was an ecological disaster.

The EA’s prosecution was successful and we then mounted a private action using the services of Fish Legal. This took the form of 5 RTFCA members of Fish Legal acting as claimants. I am pleased to say that our claim has now been successfully settled. The £18k received is being paid by the 5 claimants to WRT for river improvement work on the Mole.

Here are a few conclusions of my own.

  • Farmers should not be allowed to get away with polluting our rivers. Category 1 and where possible Category 2 incidents must be prosecuted by the EA.
  • Offers of Enforcement Undertakings should be declined as RTFCA did in this case. By offering money direct to affected parties the polluter seeks to avoid prosecution. If farmers are not prosecuted there is no deterrent effect to bad practice.
  • Private actions can be successfully brought, but only by concerted action using a specialist service, namely Fish Legal. It was disappointing that only 5 Fish Legal members could be found among RTFCA riparian owners. More members will be encouraged to join Fish Legal and I would make the point more generally for all owners of fisheries elsewhere.
  • As RTFCA has always been aware, anaerobic digesters, of which we have 3 on our river system, and the spreading of digestate from them are a continuing threat to our river and need to be properly regulated and overseen by the EA.

This incident happened during my chairmanship and has reached its conclusion during Andy Gray’s. I hope Andy never has to face anything similar. The RTFCA Committee asked me to continue taking responsibility until the file could be closed. Thankfully we have now reached that stage.

Thanks are due to the other claimants and to the RTFCA Committee, both of which groups, I would suggest, have made the right decisions during this long, drawn-out process.

The success of our private claim though is really down to the excellent work done by Fish Legal and in particular by Justin Neal. For many reasons this was never going to be a straightforward case. I have enjoyed working with Justin, but we will both be happy to close the file.”

                          Alex Gibson

http://www.rivertawfisheries.co.uk/html/current_news.html

Fish Legal is a not-for-profit organisation of dedicated lawyers who use the law on behalf of anglers to fight polluters and others who damage and threaten the water environment. Fish Legal secures compensation for its members to help restore polluted waters and challenges Government and regulators when they fail to protect fisheries.

  • Fish Legal represented five fisheries on the Mole and the River Taw including the Barle Fishing Club, the Wampford Syndicate and three riparian owners.
  • The River Mole sub-catchment is a highly important spawning and nursery area for salmon in the Taw catchment. The impact on juvenile salmon from this incident will potentially result in some reduction to the number of adult salmon returning to the River Mole in 2021, 2022 and 2023 migration periods.
  • The dead fish included 1,127 adult brown trout, 14 adult sea trout, 1,222 brown trout fry, 328 brown trout parr, 1,155 salmon fry and 315 salmon parr
  • For details of the River Mole prosecution and sentencing outcome: https://www.gov.uk/government/news/north-devon-company-fined-for-pollution-that-devastated-fish-population
  • Fish Legal took legal action on behalf of a member club on the River Leadon in a similar incident in 2016 when an employee instructed to fertilise one of the orchards at a farm near Dymock in Gloucestershire failed to check the valves before turning on the irrigation system designed to take the digestate fertiliser from a lagoon to the orchard. https://fishlegal.net/case-studies/river-leadon/

The River Torridge Fishery Association – Newsreel

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The River Torridge Fishery Association

President: Lord Clinton

Chairman: Paul Ashworth                                                                Secretary: Charles Inniss

NEWSREEL:  WINTER 2022 

The Salmon Hatchery

            Sadly I have to report that the annual programme to rear 30,000 swim-up fry at our hatchery   will once again not be going ahead. The EA would only allow us to access and use the fish pass at Monkokehampton Weir on the River Okement to trap our broodstock if unbelievably strict health and safety rules were followed. Our chairman Paul and vice-chairman Steve have worked incredibly hard in an effort to reach an agreed way forward: sadly to no avail. The main stumbling block has been the inability of the EA to respond promptly to any suggestions that Paul and Steve made. This confirms our suspicions that the EA would be delighted if the hatchery closed down permanently. But we are not giving up and are determined that the hatchery will be operational next year so that we can continue to support the development of a hatchery hub for all the south west rivers at Colliford reservoir.

Our Fishery Enforcement Officer

            For personal reasons Callum Underhill, who has been the Fishery Enforcement officer for the North Devon rivers for the last two years, will be leaving to work nearer his family home in Wessex. Callum has been a great support for our river especially with regard to the hatchery and we wish him well for the future.

The Annual Dinner

            Over 40 members and guests enjoyed a convivial evening at The Half Moon with good company and an excellent meal on Saturday 24th September. Thank you all for supporting the raffle so generously which made a profit of £1,520.   We were delighted that Mark Wormald was able to join us for the evening. He donated a copy of his book, “The Catch: Fishing for Ted Hughes” to the raffle. Much of the book is based on the Torridge where Ted Hughes so enjoyed his fishing. If you would like a copy contact Adam at The Half Moon who has copies: it would make an excellent Xmas gift.

The prize winners of the raffle: the case of wine Anthony Wilmington, the £50 Half Moon voucher Simon Hillcox, the £50 Snowbee voucher Martin Weeks and the book donated by Mark Wormald was won by a friend of Graham Henderson.

The Fishing Season

            Due to a complete lack of water the salmon fishing was virtually non-existent and no more than 15 fish were caught by the rods for the whole season. Sea trout fishing was also extremely difficult. On the plus side anglers, prior to the heatwave in July, enjoyed some excellent brown trout fishing with several fish over 2lb caught. It has been suggested that the brown trout are getting larger as they are gorging themselves on baby signal crayfish. One thing for sure the whole catchment is now infested with signal crayfish. 2011 was the last really dry year and this was followed by a very wet year in 2012 with good river flows and good numbers of salmon and sea trout: so here’s hoping for better fishing conditions in 2023: we certainly deserve it.

My very best wishes to you all for the festive season. Charles.

 

Depressing Statistics

We all know that statistics can be misleading but the facts above are pretty depressing taken at face value. The catch return data relates to the 2021 season so this year’s drought hit season will undoubtedly be even worse.

A 50% reduction in salmon caught is in itself a startling figure that is of course  to some extent related to the reduction in angling effort as a result of the COVID epidemic. The vast majority of salmon and sea trout caught are now released in an effort to safeguard stocks that have tumbled in recent decades.

When I started fishing for salmon in the early 1980’s stocks were recovering from the blight of UDN a disease that decimated stocks across the UK. The number of salmon caught then was still far higher than today. On the River Lyn some individual local anglers caught in excess of one hundred salmon in a season. They reflected on times when salmon packed the pools like sardines. I suspect this season’s total catch will total less than 25 for the Lyn and little more for the Rivers Taw and Torridge combined.

The reasons for this catastrophic collapse are complex and many. Climate change is undoubtedly a big player along with historic overfishing by commercial fleets. There is also a complex imbalance of the natural eco-system with predators such as seals, cormorants, mergansers and otters taking large numbers of salmon throughout their incredible migration.

A relatively recent impact upon the  salmon stocks of the West of Scotland has been salmon farming a toxic industry.

Pete Tyjas a well-known Local Fly Fishing enthusiast and editor of Fly Culture Magazine has launched a campaign to raise awareness surrounding the toxic nature of salmon farming and its devastating impact on wild fish stocks. Pete writes “Please DON’T EAT FARMED SALMON – Here’s Why –   Huge and unnatural swarms of parasites (sea lice) that attack penned fish and kill young migrating wild salmon and sea trout. Serious pollution of the sea bed and coastal waters from chemicals, antibiotics and tons of fish faeces that smothers and kills sea life. Worldwide devastation of fish stocks, super trawlers to provide feed for fish farms that is destroying the life of coastal communities.”

Salmon have been migrating into the Rivers of the UK for many thousands perhaps millions of years. The last ice age ended around 25,000 years ago and at some point after this salmon the king of fish established a thriving population forging upriver in abundance. A couple of hundred years ago these fish were harvested and eaten in large numbers but it was not until Victorian times that the salmon was recognised as the king of fish sought after for sport by the wealthy upper classes.

During the early twentieth century salmon populations were able to support both a commercial fishery and a healthy sporting industry that supported many hotels, tackle shops and country estates. It still does in parts of the Scottish East coast where mighty Rivers like the Spey and Tay still have large runs of fish.

It is tragic that we have allowed wild salmon to decline to such an extent that they could be extinct across the South West within a generation. An iconic fish that has forged into rivers for thousands of years threatened with extinction largely due to mankinds failure to support and nurture natures complex system. If we had taken care of salmon and the oceans then surely we could have continued a sustainable harvest. Short sighted greed and failure to appreciate natures worth is a lesson that is only slowly starting to sink in.

Table 15: South West salmon rod catches

River     Salmon caught     Salmon released     Percentage released
Avon Devon 12 11 92%
Avon Hants 88 88 100%
Axe 0 0 0%
Camel 42 42 100%
Dart 5 5 100%
Erme 4 4 100%
Exe 108 98 91%
Fowey 94 92 98%
Frome 42 42 100%
Lyn 44 43 98%
Lynher 63 61 97%
Plym 3 2 67%
Tamar 178 162 91%
Tavy 30 27 90%
Taw 59 57 97%
Teign 33 30 91%
Torridge 18 17 94%
Yealm 0 0 0%
Other 0 0 0%
Total 823 781 95%

PARADISE – SILVERBACK 55lb

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SILVERBACK HAS BEEN CAUGHT 
Massive congratulations to Nathan Snell who has caught a new personal best 55lb Mirror known as “Silverback” from the Kracking Carp Lake, smashing his previous PB of 46lbs which was also from the Kracking Carp Lake!
Nathan used a Dynamite Baits  Sweet Tiger and Corn pop up fished over Sweet Tiger and Corn crumb.
A very sought after Fish and one that rarely comes out!
Anglers Paradise

Appledore Shipbuilders – December Result

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Thirteen fished the December rover today. Fishing was tough in the fresh NE Wind. Josh Atkinson won with a fine specimen Whiting of 1lb 11ozs. James Atkinson was second with a Whiting of 1lb 6 1/4ozs and Josh also secured third with another Whiting of 1lb 6ozs.
Several reported that Flounders seemed hard to find today with only one submitted at the weigh in.
James also caught an old warrior which was returned back to the sea after a quick photo and weighing. It pulled the scales to 8lb 3ozs!

Please Don’t eat farmed salmon this Christmas

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In the lead up to Christmas, over 2 million farmed salmon are likely to die prematurely each month on farms along the Scottish west coast and islands. Farmed salmon has no place on our festive menus, and certainly not on sustainable ones.

Salmon Farming: why it’s not a cause for festive cheer
Since the 1970s, global populations of wild Atlantic salmon have declined by around 70%, from 8-10 million to just 3 million today. Open-net salmon farming has been shown to be one of the causes of this decline.
As salmon farming in Scotland continues to grow exponentially it spreads potentially fatal parasitic sea lice from farmed to wild fish. The threat to wild fish is further escalated by a rise in farmed fish escapes and as a result increased likelihood of extinction from genetic dilution.
In 2021, the Scottish salmon industry produced over 200,000 annual tonnes of Atlantic salmon. By 2030 it aims to produce 400,000 tonnes per year.
While the industry looks forward to increasing revenues, the true cost of producing this volume of farmed Atlantic salmon isn’t a cause for festive cheer.
Salmon farming wreaks environmental havoc  
Salmon farming is not an environmentally-friendly menu option. It wreaks havoc on the surrounding environment, has severe costs in terms of resources and carbon use and it leads to the immense suffering of millions of fish – both wild and farmed.
The unsustainable practice of open-net salmon farming is a significant cause of the dramatic decline in populations of wild Atlantic salmon and the integrity of Scotland’s coastal ecosystems.

Cyril Petherick Flounder – Open Results – Found finds winning flounder

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Cyril Petherick Flounder open results.

32 anglers fished with some quality flounder registered despite the significant amount of floodwater sweeping into the estuary from the Taw and Torridge river systems.

15 fish weighed 

Top 3 spots

1st Stephen Found  1lb 11 1/4oz

2nd Andrew Clements 1lb 7 3/4oz

3rd Stephen Found 1lb 7oz

Best junior just missing out on the prize table was Ivy McCourt with a lovely flounder of 1lb 6 3/4oz.

Next open competition Bidefords Christmas open on the 11th fishing 09:30-14:30 its going to be a big one as usual!!!!!!!