Rod licence cheats fined

[Hoppy]

Rod licence cheats fined

On Thursday,10 April 2008 at Kidderminster Magistrates Court, fishing without a valid rod licence cost four cheating anglers a total of £550.

With water bailiffs on the look out and prosecutions like this on the increase, this case should send a clear message to anglers that a day’s fishing in the Midlands without an Environment Agency rod licence could prove very expensive indeed. The maximum possible fine for fishing without a licence is £2,500.

Neil Jackson age 51 years of Wilford Road West Bromwich was fined £75, ordered to pay £75 in costs and a further £15 to the victims fund. He was convicted in his absence of a charge of fishing without a licence. The offence was committed at Fortune Green Pool, Cleobury Mortimer on 5 September 2007.

Craig Ross age 24 years of Waresley Court Road, Hartlebury, Worcestershire was fined £50, ordered to pay £75 in costs and a further £15 to the victims fund. He was convicted of a charge of fishing without a licence. The offence was committed at Furnace Mill Fishery, Wyre Forest, Worcestershire on 5 September 2007.

Richard Potter age 22 years of Far Forest, Worcestershire was fined £50, ordered to pay £75 in costs and a further £15 to the victims fund. He was convicted of a charge of fishing without a licence. The offence was committed at Furnace Mill Fishery, Wyre Forest, Worcestershire on 5 September 2007.

Dean Stobbart age 23 years of Elan Avenue, Stourport-on-Severn, Worcestershire was fined £50, ordered to pay £40 in costs and a further £15 to the victims fund. He was convicted of a charge of fishing without a licence. The offence was committed at Furnace Mill Fishery, Wyre Forest, Worcestershire on 5 September 2007

Speaking after the cases, Midlands Strategic Specialist, Martin Cooper, said: “Anglers who fish without a valid rod licence need to be aware that our Water Bailiffs are out and about checking rod licenses. As today’s result demonstrates, sooner or later they are going to get caught and we won’t hesitate to prosecute.

“Not only does a prosecution prove costly, with fines of up to £2,500, it also marks an angler out as someone who cheats his fellow anglers. When you buy a rod licence, the money is used to help fund our work managing fisheries and improving the sport for everyone, work such as re-stocking rivers after pollution incidents. So if you don’t buy a rod licence, you reduce the pleasure of the sport for everyone else.

“The message from this court case is loud and clear – if you haven’t got a valid rod licence, get one today.”

Anyone aged 12 years or over who fishes for salmon, trout, freshwater fish or eels in England and Wales is required by law to have an Environment Agency Rod Fishing Licence. Rod licences differ from permits (often referred to as tickets or day tickets) which give permission to fish a particular water or waters and are issued by fishery owners.

The onus in law is for the angler to prove he was licenced to fish at the time of the incident. If he fails to do so, he is liable to be convicted for the offence of fishing with an unlicensed instrument.

A rod licence entitles you to fish with up to two rods and line at the same time for coarse fish and eels, but with only one rod and line for trout, sea trout, char and salmon. Always check club rules and local byelaws regarding the rod limit on the water you intend to fish. Additional licences are required if you fish with more rods, where byelaws and rules permit.

You can buy Full, Junior, 8-day and 1-day licences from our website www.environment-agency.gov.uk. You can also buy a rod licence from any Post Office in England and Wales, or on our telephone sales line: 0870 1662 662. From March to October the telephone line is open 8 am - 8pm every day, and sells all licence types.

Money from the sale of licences helps to fund our work managing fisheries. If you are caught fishing without one, you are cheating other anglers and could be fined up to £2,500.

[Hoppy]

Well done to the Midlands team, great results - i know how hard you all work!!!!

Hoppy

[highplains]

Hear hear, well done. A good job under difficult circumstances.

Thank you.

Highplains

[jozef]

In Slovakia if you are fishing without rod licence and bailiffs catch you, you will go to court and then to prison. It's happend this year when young chap from Hungary was catch fishing without rod licence - he is now in prison for few months.

[norsy]

sounds good to me jozef ;D.

[plotter]

im not saying these guys are not doing their job, as they obviously are by catching dodgers, but it always seems to be on lakes and stocked fisheries??? every time i read about someone getting caught, its on a private lake, not a river...

[Paul Dunstan]

Apr 21, 2008 11:25:20 GMT -1 plotter said:

im not saying these guys are not doing their job, as they obviously are by catching dodgers, but it always seems to be on lakes and stocked fisheries??? every time i read about someone getting caught, its on a private lake, not a river...

It's a reflection of the fact that the EA Bailiffs are target driven - they have to check so many licences each month. It's so much easier to walk around a small still water and check 10 anglers than spot a car in a gateway and try and find a solitary angler on the river bank. So - the licence dodgers are far more likely to avoid detection on a migratory fish river - there's logic for you!

And another thing! I've long believed that fishery owners should bear a responsibility to check rod licences before selling a day ticket. Might tend to tighten things up a touch!

[highplains]

Paul,

Sound advice to the EAW but that would deprive them on an easy performance indicator.

We have to get to grips and bring these issues into the open and those responsible to account.

[Torgoch]

Its interesting to note in the national angling press this week that Fisheries enforcement staff in Wales reported the the Lowest level of Licence evasion and resultant prosecutions with only 19 anglers found without the necessary paperwork.
Maybe this was because in Nth Wales the Guys were either off on Sick leave or taking what they call Time off in Lieu after working so many Hours excess overtime last year.
Maybe more importantly, the lack of enforcement staff now prevents the teams from visiting some of the more out of the way venues that seem to be ignored all the time compared to years ago and the Dodgers now know it.
So much for the in vogue approach of Intelligence Led enforcement.....
Does it actually exist in the light of poor angler / general public liaison ?
whats the panel have to say?
or will this be a situation of " Answers on the back of a Postage stamp !" Plzzzzzzzz

[plotter]

paul d, ive said in a previous thread that i think the fishery owner should check for the rod licence, if someone gets caught on a private lake, the owner should be fined as well as the angler.. that should put a stop to it..

[dangler]

Whilst I agree that fishery owners (of rivers and lakes) should be required to check lcences and perhaps even record the licence number on the ticket, nothing would be changed in respect of target driven bailiffing. The bailiffs would still go to the greatest concentrations of fishermen to check compliance.

Perhaps something the game angling community could do is ensure all clubs check licences when issuing or renewing tickets. However, unless renewal is geared to the end of March rather than the more usual end of December, the EA have effectively denied clubs this opportunity to help.

Mike

[silverinvicta]

I can remember a few fisheries where you had to produce your licence before paying your permit fee.....And one where you had to have proof of being a Liverpool resident before you got it at a reduced fee... it was a Liverpool supply res..Residents paid water rates for it, locals did'nt. The first was Trawsfynedd, in the shop in the village. the second was Llyn Celyn, at the Fron-Goch post office.. and there where several more coarse fisheries in England that did the same.
Its a pity that more dont do it now.. thing is..even if every one did it..on a large water, it would still be difficult to implement if poachers just went ahead and fished anyway... It would mean fishery owners would have to patrol and take a chance on being bashed.... Oh Dear...

Si

[crockski]

Perhaps something the game angling community could do is ensure all clubs check licences when issuing or renewing tickets. However, unless renewal is geared to the end of March rather than the more usual end of December, the EA have effectively denied clubs this opportunity to help.

Mike

It would seem a logical suggestion Mike, but could that be 100% enforced. I joined my local angling club in March, (which IS geared for 31st March renewal), and was not asked to produce my EA licence.
Its would have been a tricky situation as the club was taking its renewal subs on 13th and 20th March in the local WM club, yet the EA licence wasn't due for renewal till 31st March. I was not in possesion of my new licence at the time and could only have produced the previous years(which was still valid on those dates).
Also, are you obliged to show your EA licence to a Club bailliff?............and vice versa........i.e. EA bailliff/Club permit?

[plotter]

that would be just as well for me as i couldnt afford them both at the same time, and i have to buy my river ticket before 1st april

[kwilliams]

Crockski
Any Person holding a Valid Rod Licence may in Law ask another angler for His/her Rod licence at the time of that person being seen fishing.
The criteria for doing so is that the inquiring angler MUST produce his License in order that the request be made to another lawfully and with written authority ( The Rod Licence)

This is stated in the Salmon & Freshwater Fisheries Act 1975 - Section 35 (2)
its states thus :- A person Holding a fishing Licence for any Water Authority area, on production of his licence, require any person who is fishing in that area to produce his licence or other authority to fish and to state his name and Address

legislation has not in any way changed with the water authorities now being out of existence and superceeded by the EA


A failure to produce a Licence to another angler who has produced his lawful document of proof will render the failing angler to Prosecution

All that is required in the case of refusal is a firm state of mind of the inquirer and a willingness to follow it through by calling the EA on the 0800 Hotline number and for a complaint to be made requiring immediate EA officer assistance at that fishery... failing that Call 999 again asking for assistance but state that your call is for police to attend so as to avoid a " Breach of the Peace" by the refusing angler........any police constable may deal with a rod licence offender

DO NOT take any risks in taking such steps and it must not be undertaken lightly, should it be neccessary,you need to make sure you record any other details about the offender and record any vehicle registration number if observed.

Conversely, an EA Fishery officer Cannot ask for an anglers private club permit as this is a matter within the Theft Act 1968.
The only time such an inspection could be made is if a formal identity is required on the bank side and the permit is observed in the course of an Search of the Angler in accordance with the Police and criminal Evidence Act to support a criminal investigation under fishery law and where powers are exercised appropriately

A club Bailiff has no powers to require the production of another anglers license just because he is a Club Bailiff and any club insisting on license production may do so if S 35(2) is followed as above.
I would consider however the point that a club membership application being made by an angler to a club committee or secretary who requires a potential member to produce his / her license and its refused b y the applicant .. then there is a possibility that membership maybe withheld as long as its so justified by the clubs written constitution.
Otherwise a failed applicant may take a civil action for redress or even invoke the Human Rights Act
After all as we all know we live in a world of Litigation which is d**ned expensive all round

Hope this helps