Not much overnight rain but some extra water on with considerable colour.
Two fish reported earlier in the week by regular Pwll-y-Faedda rod Brian Skinner. Fish of 18 and 13lbs.
Latest. Two more today from Ingeston on a rising river. A fish of around 20lbs to Gwyn Slade and a 12lb sea liced fish to Sol Cambell, both regular rods. This brings the beat to 23 for the season.
See below the success by fish legal in bringing polluters to book.
I think the following paragraph from below is something we all know and have seen and furthermore the EA consistently lets them get away with it. This could equally apply to the Wye.
"Dwr Cymru / Welsh Water is a major polluter throughout Wales and has put significant resources into obstructing our progress in this case. Based on past experience I would expect them to continue to fight the regulator in any new decision imposing greater (or any) liability on them for their damaging activities. However, we hope that they will now take a more constructive approach to this problem given the serious state of the SSSI and its rare fish, and put their significant influence into better protecting the environment. Actions will speak louder than words.”
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Natural Resources Wales admits
unlawful investigation into Llyn Padarn pollution by Dwr Cymru / Welsh
Water
Fish Legal has won major concessions
from Natural Resources Wales (NRW) via a Judicial Review of the new regulator’s
investigation into long-term environmental damage at Llyn Padarn, a Site of
Special Scientific Interest (SSSI).
NRW will now be required to re-run
their investigation properly, to take fuller account of damage from sewage
pollution and other impacts on the SSSI habitat and the protected species of
fish - Arctic char (pictured).
Fish Legal has been fighting for
nearly 20 years to get NRW (previously the Environment Agency Wales) to stop
sewage pollution which was causing algal blooms and damaging fish populations,
including the rare Arctic char. In February 2012, Fish Legal formally notified
NRW of damage to the lake under the Environmental Damage Regulations 2009
triggering a 17 month investigation, the outcome of which was then challenged in
late 2013 by Fish Legal for perceived illegalities.
On behalf of its member club the
Seiont, Gwyrfai and Llyfni Angling Society, Fish Legal issued Judicial Review
proceedings against NRW for failing to investigate Dwr Cymru / Welsh Water
(DCWW) properly in accordance with EU law. Last-minute negotiations went to the
'door of the court' before NRW acknowledged the full extent of its mistakes,
making the investigation and liability notice served on DCWW
unlawful.
An underlying reason for NRW failures
was that the Welsh Ministers did not correctly implement EU law into national
regulations, which may have implications elsewhere in the UK where similar
regulations were made.
Further revelations came to light
during the course of the case including that DCWW has, for a number of years,
allowed untreated sewage to enter the lake, and in one spot without having a
discharge permit. DCWW initially omitted evidence about this discharge, but when
it was queried by the angling society Club Secretary, Huw Hughes, they belatedly
admitted it existed and that they would now apply for a permit. Mr Hughes had
complained about this discharge on many occasions before and could not
understand why it had not been identified in court
documents.
The NRW investigation report,
challenged by Fish Legal in this Judicial Review, did identify DCWW as having
caused environmental damage to the lake, but failed to assess the full extent of
the impact of DCWW activities. Through its legal action, Fish Legal has now
forced the regulator to admit that it should have taken into account damage
arising from a much longer time-period, including damage from ongoing activities
that started before the new law came into effect, but which have caused/will
cause damage since that date.
This is important because the lake
has been contaminated for decades by the collection and then discharge of both
treated and untreated sewage by DCWW, and NRW must now consider the impact of
that ongoing activity. Other ongoing activities at the lake that cause damage to
the char or its habitat can also be covered. An example highlighted in evidence
is the Dinorwig hydro-power installation (the so called “electric mountain”)
that has cut-off access to important char habitat and spawning
grounds.
Fish Legal believes this new
investigation is likely to show greater damage caused by DCWW activities (and
potentially other operators) to the protected SSSI habitat and its rare
fish.
Fish Legal has campaigned for better
water quality at Llyn Padarn since the 1990's, representing its member club who
owns the fishing rights at the lake. Llyn Padarn is a precious glacial lake in
North Wales, containing a unique sub-species of Arctic char found nowhere else
in the world. This species has suffered long-term decline and has now reached
such a vulnerable state that it is on the verge of total
collapse.
The once pure waters of this Site of
Special Scientific Interest (or SSSI) have been contaminated for decades by
sewage discharges from DCWW facilities, leading to a toxic algal bloom in
2009.
Huw Hughes, Secretary at the Seiont,
Gwyrfai and Llyfni Angling Society, said:
“It's beyond
belief that it's taken 22 years of complaining, campaigning, and eventually
legal processes, for the authorities to admit their failure in regulating
pollution and other activities which have driven the Arctic char to the brink -
an iconic Welsh fish which by its presence highlights our supposedly pristine
environment. In my opinion this fish has been driven onto the edge of extinction
by regulatory inactivity. In light of Fish Legal's sterling work we now
sincerely hope that the urgency required will now be directed into clearing up
this mess, and all involved, especially Dwr Cymru / Welsh Water, will fully
co-operate in this operation"
William Rundle, Head Solicitor at
Fish Legal, commented:
“It has been an
uphill struggle to get the regulator to admit to failures in its investigation.
We now hope they will undertake their new investigation quickly and without fear
or favor. The situation needs to improve soon if the char are to reverse their
tragic decline."
He further
commented:
“Dwr Cymru /
Welsh Water is a major polluter throughout Wales and has put significant
resources into obstructing our progress in this case. Based on past experience I
would expect them to continue to fight the regulator in any new decision
imposing greater (or any) liability on them for their damaging activities.
However, we hope that they will now take a more constructive approach to this
problem given the serious state of the SSSI and its rare fish, and put their
significant influence into better protecting the environment. Actions will speak
louder than words.”
Mark Lloyd, Chief Executive of Fish
Legal and the Angling Trust said:
“It should not
have taken 20 years for the regulator to recognise it can do more to stop a
water company pouring sewage into a beautiful mountain lake containing unique
and endangered fish. Natural Resources Wales needs to have a long hard look at
how they have failed to protect the natural environment for so long. It is only
because Fish Legal kept fighting through the courts that they finally agreed to
take action and re-do their investigation lawfully. We are only able to fight
these causes because of the support of thousands of Fish Legal member clubs and
individual members of the Angling Trust and Fish Legal.”
Notes to
editors:
1. Fish Legal is a unique, non-profit
making organisation which uses the law to fight pollution and other damage to
the freshwater and marine environment and to protect the rights of members of
Fish Legal, which include fishing clubs, riparians and commercial fisheries
across the whole of the UK. In England, it acts as the legal arm of the Angling
Trust, which is the representative and governing body for all
anglers.
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