Licence evasion

A reply has been recieved in response to a letter sent,
Thank you for your letter dated 13th May 2004.

May I deal separately with what I see as the five main issues you highlight.

1. Fixed Penalty
Thank you for your useful and interesting comments regarding the use of an on the spot fine to deter licence evaders. The Agency is currently considering and is in consultation with Government regarding the introduction of a fixed penalty scheme for discharging straightforward rod and line offences, although the exact method of operation would be constrained by the legislative provisions of the Environment Act.

2. Rod licence offenders register
With regards to your suggestion of a register listing all previous offenders, the Agency does indeed have such a database. If a repeat offender is caught again, details are recorded within the case files and, when brought before a magistrate this is pointed out to them. It is the experience of the Agency, that the courts do give significantly higher fines to those that have been highlighted as being previously guilty of the same offence.

3. Courts and Fines
The Agency does not have the power to request levels of fines ? that is for the courts to decide and this does vary across the country and from magistrate to magistrate. The Agency does not keep the fines and they go straight to Treasury. We do however retain all cost awarded for any rod licence case. Our legal team does run road shows across the country educating magistrates in environmental crime ? rod licences being part of this programme. Such proactive action does increase awareness of the gravity of such an offence and generally results in higher fines being given.

4. Prosecution of Commercial operators / angling clubs
There is no legislative power for the Agency to enforce on any landowner or operator the need for a customer?s rod licence to be current and valid before they allow an individual to fish. The Salmon and Freshwater Act 1975 requires an individual to have in his / her possession a valid rod and line licence but there is no requirement for this to be upheld by the owner of the fishery. It is the responsibility of the angler and no one else.

5. Lack of responsibility of operators / clubs for unlicenced anglers
Many angling clubs do indeed insist that a current rod licence be shown before they issue their members with their annual fishing permit. This is strongly supported by the Agency and any such proactive measures are greatly appreciated. The Agency also provides signage on request. The main incentives for the operators to assist in this way are the benefits of regular communication with the Agency, personal relationships being forged and Agency support for development projects which increase the quality and availability of angling at their waters. Conversely, where there is a high evasion, agency enforcement staff patrol very regularly. This may upset or put off customers so there is advantage in promoting the need for a rod licence.


Valid rod licence holders by producing their own valid licence are legally entitled to ask an angler to produce his or her rod licence. Club officials are therefore similarly entitled to request to see an angler?s licence. Clubs should obliviously be aware of the likelihood of a confrontational situation arising from such practice and take this into consideration when deciding whether this is a viable option for the club to pursue. Agency enforcement staff are highly trained and warranted under the salmon and Freshwater Fisheries Act. With this warrant they have the powers of a Police constable which is unique outside the Police Force.


Yours sincerely







DR BINNY BUCKLEY
Area Manager (Kent)

Well there we have it, any comments ?

Mel,
Good for you in for sending your letter off.
Hopefully this will clear up any queeries that people may have had over rod licences.
It also makes it quit clear that the E.A. are only too wiling to work alongside private fisheries and clubs, if only people will take the trouble to find out as you have done.

There is an article in my local paper tonight saying that a clubs bailiffs are working in conjunction with the E.A. concerning licence dodgers. The E.A. are there to help us, all we have to do is ask.
Well done mate.

We are now getting near to the point in what I said elsewhere about you Mel, about having a lot to offer any club in the country.
Are you interested?

Try me, you never know unless you ask.

I will send you an e-mail I have just written up. It is concerning techniques for bailiffs, and different ways to go about it. Sadly no dogs allowed. I believe that most clubs/fisheries, clubs especialy would benefit from a good shake up and more modern way of thinking.

Well done Mel! I can't disagree, either, with anything the guy responded with.

Strangely I have just come off the phone with an EA Bailiff and told him about this site and he logged on whilst we were speaking. He may well be reading this thread now.

He claims that the expenses that the EA claim in these Court cases never covers the amount they actually cost. He reckoned about ?250 per case on average. It just show how much they lose on each dodger!

Any one else with any views on this matter, I'm sure would be much appreciated. It can only benefit all of us in the long run. How do you think club bailiffs should act?

With tact,diplomacy, and politeness,now whats the question?

The E/A is always willing to work with anglers, and others.
On the upper Wear we have a serious problem with poachers, licensed or not. A 'River Watch' scheme has been set up involving the E/A, the local Police, angling clubs/associations and local authorities. A central telephone line has been set up which automatically alerts all parties involved. Early days, but it appears to be working. The only problem is -is getting the courts to give appropriate sentences, and not wasting the time of who ever has to attend the courts by adjourning cases through time wasting techniques and poor presentation/preparation.

Did you get the e-mail Mel?

Got it and working on it ........

sent you email........

Thanks Mel,
I recieved your mail,and you are right in saying it will be a tall order to fill.

What me and Mel are talking about is on ways how to set up and run a bailiffing system. As I said before any suggestions would be appreciated.

It looks a good system that you have going John, maybe other clubs could borrow from that idea. Liasion between different parties being one of them.

The EA were great on Wednesday.
They provided staff to carry out an electro fishing activity and allowed the kids to watch from the bank. They presented the kids with the fish, Chub, dace, perch, eels, minnow and Bulhead, so that they could getr up close and lean about them. The EA gave out stickers, magazines and furry sticky things.

Thank you and well done to Southern EA.

The famouse last words to me were" call in if yiou see any out of season Anglers".

Within 10 minutes of the EA leaving we had two. I called it in.

2 hours later we had another two. I called it in.

1/2 hour later, another two.

then a group of teenagers with tackle.

In no time at all, two EA bailiffs were on site, doing what they do.

Cheers Lads.

Good skills Mel. Its good to have the official line from the Agency and to see that they really do everything they can for us. Makes me laugh when people whinge about a miserable quid increase in the license fee. They'd soon complain if the agency wasn't there for us. I'd happily pay ?30 a year for my license.

I've said this before I know but if its illegal to fish without a licence why don't the police check licences, they do so for drivers.

Perhaps they should introduce this instant fine penalty thru the police and if they get some of the proceeds and they could add it to their solved crimes lists we'd get some results.

Cynical or what! Bet it would work though

Graham,
i hate to say this but the law is an Ass, if you take a recent case of a woman driver fined just 84.83p for killing someone,and she had nothing no Licence,MOT, Insurance,
the persons life she took was worth jus 4.00 a year where is the justification.