River dropped 6 inches or so overnight on upper beats but still carrying a lot of colour at hay on wye for instance. can't imagine there will be much chance on the middle river for at least a couple more days/ As for the lowest beats ?????
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Latest news
from Fish Legal
May, 2021
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Fish
Legal doubles-down on agricultural pollution
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While
the press concentrates its firepower on water companies for their
repeated and uncontrolled pollution of rivers in England and Wales from
combined sewage overflows, Fish Legal continues to fight to stop damage
to rivers and lakes from agriculture.
We
currently have seven ongoing cases involving pollution and damage from
agricultural practices. These include concentrated poultry farming on the
River Wye in England and Wales, anaerobic digester and fertiliser spills,
bank damage and dredging on the River Taw in Devon, and (with our
partners Angling Trust and WWF) an application to the High Court after
Defra and the Environment Agency broke their promise to publish reports
on agricultural diffuse pollution of protected sites in England.
Fish
Legal has been arguing for years now that the Environment Agency needs to
enforce against serial polluters and rogue farmers who damage rivers or
allow cattle to poach them. But the regulator does little to stop bad
practices. In 2018, Defra introduced the Reduction and Prevention
of Agricultural Diffuse Pollution (England) Regulations 2018 (“the
Farming Rules”) which were intended to reduce pollution to inland
freshwaters. They are currently under review (Defra’s report on their
implementation was due last month). It is understood that there have so
far been no prosecutions of farmers in England for breaches of these
regulation.
Wales
has now followed up with a more complex equivalent, the “Water Resources
(Control of Agricultural Pollution) (Wales) Regulations 2021"
(“Welsh Rules”) which came into effect in April 2021 to replace the
Nitrate Regulations “Nitrate Vulnerable Zones” designations.
The
Welsh rules are much more detailed with six schedules and a phased
roll-out to cover, for instance, details over when and what can be spread
on fields. However, some Assembly Members at the Welsh “Senedd” voted
unsuccessfully to annul the new regulations and the National Farmers’
Union Cymru has announced that it is launching a legal challenge to them,
arguing that it is better to have “farmer-led voluntary initiatives” to
stop pollution. But voluntary measures in England alone are not
succeeding in reducing agricultural diffuse pollution, which is partly
why the rules for farming were introduced. Regulations are just the first
step. It remains to be seen what resource and expertise Natural Resources
Wales will be dedicating to their enforcement.
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Scottish
Ministers appeal legal challenge to no-trawl scheme
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Fish
Legal will be defending its members in the Scottish Government’s appeal
against a ruling requiring them to reconsider a sustainable fishing pilot
in the Inner Sound of Skye. In January, a judge ruled that Scottish
Ministers acted unlawfully in blocking a proposed no-trawler scheme. The
case, brought on behalf of the Scottish Creel Fishermen’s Federation
(SCFF), was a game changer for the environment and highlighted the
positive effects of creel-only inshore fishing of high value Nephrops
(langoustine).
In
parallel, Fish Legal has published a paper confirming that the Scottish
Government is deaf to concerns about the damage done by inshore trawling
in Scotland. In 2019, the Scottish Government initiated a
consultation process called ‘the Future of Fisheries Management’. The
consultation embraced a number of key issues including the use of
damaging mobile fishing gear in the inshore.
The Fish
Legal paper analyses the consultation responses finding overwhelming
number of consultees were either neutral or positive about some
restrictions on trawling in the inshore. Unfortunately, when the Scottish
Government published their new fisheries strategy earlier this year, not
only were these concerns ignored, no explanation was given as to why they
were ignored. This confirms long held fears that there is too close a
relationship between the Scottish Government and the trawl sector.
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River Ellen
pollution under investigation
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The
Environment Agency is investigating a pollution on the River Ellen in
Cumbria, after anglers noticed intermittent milky green blooms to the
river near Aspatria in March.
The
pollution is in the same stretch of the river as previous pollutions.
Fish Legal took First Milk Cheese Company Ltd (who have a large- scale
creamery in this area) to court after a chemical pollution in June 2008
killed thousands of wild brown trout, sea trout and salmon and other
species including eels, minnows, stone loach and stickleback over a 4km
stretch. The Environment Agency continue their investigations which have
uncovered the source of the pollution and further details are expected
from them once their investigations have concluded.
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Planners
fail to protect Cumbrian fishery
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Fish
Legal has written to Copeland Borough Council’s Scrutiny Committee asking
for an explanation as to how a major housing development in the coastal
town of Whitehaven, in Cumbria, was allowed to proceed without a critical
plan that would have protected a neighbouring fishery from being polluted
with silt.
Outline
planning permission to build 570 homes at Edgehill Park was granted to
Story Homes by the Council in 2014. However, a Construction
Environment Management Plan (CEMP), referred to extensively in the
Environmental Statement produced by the developer and a condition of the
development going ahead, was never produced.
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Sewage
pollution by Southern Water continues on Hampshire chalk stream
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Fish
legal is investigating why Southern Water continues to employ a technique
known as overpumping to discharge partially treated sewage into a
Hampshire chalk stream. A fishery member has witnessed discharges
into the Pill Hill Brook which is a tributary of the River Anton, itself
a tributary of the River Test, continuing for months - despite over half
a million pounds being spent by the water company between 2014 and 2019
to deal with infiltration problems in the local sewage network.
In an
lnfiltration Reduction Plan, which the water company is required to
submit to the Environment Agency in cases of infiltration into the
sewage network, Southern Water stated - “no further repairs are planned
at the Pilhill Villages” which suggests that reliance on tankering and
overpumping is set to continue indefinitely.
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We are
seeking applications for a Fundraising Manager and part-time Legal
Administrator. Closing date: Friday, June 4th.
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Please
consider making a donation
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We rely
solely on membership income, donations and legacies to fund our work. If
you care passionately about fish and their environment and want to help
us make polluters pay, please consider making a one-off donation via our
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you want to donate regularly, please call 01568 620447.
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Fish Legal is a membership association using the law to
protect fish stocks and the rights of its members throughout the UK. It
is united in a collaborative relationship with the Angling Trust, the
national representative and governing body for angling in England. Joint
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Telephone: 01568 620447
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