Post by kwilliams on Aug 26, 2006 20:35:55 GMT -1
EA Policy on Reported offence procedures ( 0800 Complaints )[/b]
In the light of all that’s being said about the lack of bailiffs on Welsh rivers, I felt it worthwhile to inform readers in general terms what the EA policy states on how staff ( Both Environment Protection and Special Enforcement Staffs) should respond to complaints of illegal fishing involves.
Its worth noting that this policy was made by staff of the Thames region of the EA and not at Cardiff.
The guidance followed interest, some of it negative in the EA's response to incidents of illegal fishing.
Illegal fishing in this instance does not mean rod and line but will include the use of an illegal method or instrument.
Advice that could be considered following a report of illegal fishing.
Category 1 incident
Involves the setting of nets, explosives, poisons and unconsented electro fishing.
This would be for coarse fish or salmonids. Response within 2 or 4 hrs
depending on time of call [customer charter]
Category 2 incident
Involves set / hand lines and they are there now and taking fish -
response within 2 or 4 hrs depending on time of call [customer charter]
or
Catching large numbers of coarse fish - where there are byelaws on bag
limits / size restrictions and taking them away. This would be true for
rod and line or set or hand lines.
Category 3 Incident
Relates to a single individual fishing illegally with rod and line and taking fish. -
No immediate attendance but the caller should get a call back telling him that and that it will
be passed to fisheries and this intelligence will be used to rota any patrols by enforcement staff who cover that area.
Any reports of fish in distress, illegal fishing, fishing without a licence that do not merit attendance should all be reported to
fisheries by the next working day.
xxxxxxxxxxxxxxxxxxxxxxxxx
I had to work to these policy notes and often against what I believed to be a badly created policy however You can make of it what you will regarding the above information however there is a clear and present undeniable need to reduce the response times set by the Agency’s Customer Charter for dealing with urgent complaints and what reasons staff can hide behind to allow them the luxury of a 4 hr delay to effect attention to a complaint.
The reference to individuals taking fish as a Category 3 Offence is laughable in as much that the snatching of salmon by an individual offender is classified as a Section 1 offence Under SFFA 1975 and as such one of the most serious of offences therefore should be treated as such..... as yet the Thames region doesn't suffer snatching so hence its indifference to the issue!
Its worth noting as most sporting and law abiding anglers are aware that where a pool or weir pool hold significant numbers of salmon or Seatrout and one person is intent on snatching or foul hooking fish, he will do considerable damage and take many fish if not apprehended quickly.
It is also significant that some of the worst pollutions in EA History were given Category 3 status at the outset and were only elevated to a higher more serious Category as a consequence of trained fishery officer interventions ( Dee 2000 )
The Agency will state that it is not a BLUE Light Service, however it had the opportunity to make such a case at the SFFA review of 1999 and refused the call from front line staff to make such a case on their behalf, therefore staff are required to abide by all normal approaches to use of the road in accordance with the Road trafic Act and not act as they are deemed as Constables whilst on duty.
the ability to attend an incident urgently as has been found in the past to be essential, and often cases have been lost through lack of timely interception, and it is quite often the case that you cannot rely on police officer support as those guy's don't have the field trained skills to deal with poachers and like persons who are adept at going to ground very succinctly,therfore cases are lost through this factor from time to time.
EA Enforcement Officers are already trained to a Home Office standard to use police equipment such as batons and handcuffs, it shouldn't have escaped the requirement for specialised training to send staff for advanced driving courses with local police schools as is possible, the only issue was the lack of foresight and the unwillingness to improve legislation and subsequently pay for better staff training which would have benefitted fisheries throughout Wales and parts of England
Having given evidence to the Review of Salmon Fisheries in 1999 and having been told to water down my presentation based on 26 yrs experience for fear of being looked on as being too demanding of much needed new legislation, fishery law is still no further on in elightenment
I later received feedback from Bristol Managers afterwards that I had done justice to fisheries problems in a 15 minute statement which was pre approved much to my annoyance so in the light of this present policy view on how officers deal with offenders is no longer a surprise in this politically correct climate.
I'm not even surprised at the d**ning state of poor moral amongst long serving officers which is now an inescapable factor that cannot and will not go away despite assurances at the highest levels thats alls well.
How about MPs' calling fisheries enforcement staff off the ground floor for the privilege of giving evidence to the parlous state affairs under "Parliamentary Privilege " rules where an individual cannot give misinformation to the House!
That penalty is as yet untested on the higher ranks of the Agency I would note.
Keith Williams
Former EA Special Enforcement Officer - Dee Estuary
" Who is to Guard the Guardians "
In the light of all that’s being said about the lack of bailiffs on Welsh rivers, I felt it worthwhile to inform readers in general terms what the EA policy states on how staff ( Both Environment Protection and Special Enforcement Staffs) should respond to complaints of illegal fishing involves.
Its worth noting that this policy was made by staff of the Thames region of the EA and not at Cardiff.
The guidance followed interest, some of it negative in the EA's response to incidents of illegal fishing.
Illegal fishing in this instance does not mean rod and line but will include the use of an illegal method or instrument.
Advice that could be considered following a report of illegal fishing.
Category 1 incident
Involves the setting of nets, explosives, poisons and unconsented electro fishing.
This would be for coarse fish or salmonids. Response within 2 or 4 hrs
depending on time of call [customer charter]
Category 2 incident
Involves set / hand lines and they are there now and taking fish -
response within 2 or 4 hrs depending on time of call [customer charter]
or
Catching large numbers of coarse fish - where there are byelaws on bag
limits / size restrictions and taking them away. This would be true for
rod and line or set or hand lines.
Category 3 Incident
Relates to a single individual fishing illegally with rod and line and taking fish. -
No immediate attendance but the caller should get a call back telling him that and that it will
be passed to fisheries and this intelligence will be used to rota any patrols by enforcement staff who cover that area.
Any reports of fish in distress, illegal fishing, fishing without a licence that do not merit attendance should all be reported to
fisheries by the next working day.
xxxxxxxxxxxxxxxxxxxxxxxxx
I had to work to these policy notes and often against what I believed to be a badly created policy however You can make of it what you will regarding the above information however there is a clear and present undeniable need to reduce the response times set by the Agency’s Customer Charter for dealing with urgent complaints and what reasons staff can hide behind to allow them the luxury of a 4 hr delay to effect attention to a complaint.
The reference to individuals taking fish as a Category 3 Offence is laughable in as much that the snatching of salmon by an individual offender is classified as a Section 1 offence Under SFFA 1975 and as such one of the most serious of offences therefore should be treated as such..... as yet the Thames region doesn't suffer snatching so hence its indifference to the issue!
Its worth noting as most sporting and law abiding anglers are aware that where a pool or weir pool hold significant numbers of salmon or Seatrout and one person is intent on snatching or foul hooking fish, he will do considerable damage and take many fish if not apprehended quickly.
It is also significant that some of the worst pollutions in EA History were given Category 3 status at the outset and were only elevated to a higher more serious Category as a consequence of trained fishery officer interventions ( Dee 2000 )
The Agency will state that it is not a BLUE Light Service, however it had the opportunity to make such a case at the SFFA review of 1999 and refused the call from front line staff to make such a case on their behalf, therefore staff are required to abide by all normal approaches to use of the road in accordance with the Road trafic Act and not act as they are deemed as Constables whilst on duty.
the ability to attend an incident urgently as has been found in the past to be essential, and often cases have been lost through lack of timely interception, and it is quite often the case that you cannot rely on police officer support as those guy's don't have the field trained skills to deal with poachers and like persons who are adept at going to ground very succinctly,therfore cases are lost through this factor from time to time.
EA Enforcement Officers are already trained to a Home Office standard to use police equipment such as batons and handcuffs, it shouldn't have escaped the requirement for specialised training to send staff for advanced driving courses with local police schools as is possible, the only issue was the lack of foresight and the unwillingness to improve legislation and subsequently pay for better staff training which would have benefitted fisheries throughout Wales and parts of England
Having given evidence to the Review of Salmon Fisheries in 1999 and having been told to water down my presentation based on 26 yrs experience for fear of being looked on as being too demanding of much needed new legislation, fishery law is still no further on in elightenment
I later received feedback from Bristol Managers afterwards that I had done justice to fisheries problems in a 15 minute statement which was pre approved much to my annoyance so in the light of this present policy view on how officers deal with offenders is no longer a surprise in this politically correct climate.
I'm not even surprised at the d**ning state of poor moral amongst long serving officers which is now an inescapable factor that cannot and will not go away despite assurances at the highest levels thats alls well.
How about MPs' calling fisheries enforcement staff off the ground floor for the privilege of giving evidence to the parlous state affairs under "Parliamentary Privilege " rules where an individual cannot give misinformation to the House!
That penalty is as yet untested on the higher ranks of the Agency I would note.
Keith Williams
Former EA Special Enforcement Officer - Dee Estuary
" Who is to Guard the Guardians "