Bailiff Report

This section is an official report on a monthly basis from our head bailiff Mark Leathwood.

If you have any information or want to report an incident that needs our attention please notify us by email here

Hello Everyone,   Please let me introduce myself.   My Name is Mark and I have taken on the role of head bailiff within the club.   The purpose of this new monthly report is to give members an insight into some of the issues we have been dealing with and to provide a means of contact so that you can report any areas of concern directly to me here.   I am happy to discuss any issues relevant to bailiffing Association waters. However, I am not at liberty to comment on individual cases in which a decision by the Management Committee is pending or has been made.

October 2008

Building Bridges

The recent influx of migrant workers from Eastern Europe has presented a number of challenges to angling organisations in the UK. We have all heard horror stories about the use of setlines and other illegal methods being used to take coarse fish for the table. Thankfully, it would appear that such incidents are rare in this area. However, we are not without our own problems.

In recent months I have encountered a number of Polish anglers fishing Association waters without a permit, although in some cases these anglers had bought rod licenses, which at least suggested that they intended to fish legally. As is the case with all non members, they were asked to pack up and leave. They were always cooperative, and provided me with their names and addresses. Subsequently, I was able to ascertain that some of the anglers I had spoken to had taken my advice and joined the Association.

It became apparent that the main issue we were facing was not one of deliberate poaching, it was more a lack of understanding of how fisheries are run in this country. Whilst enforcement always remains an option, I felt that what we really needed to do was to try and educate.

On several of our waters the ‘Northwich AA: members only’ signs are looking tatty, and there are some waters which would benefit from new signs. However, these aren’t much of a deterrent to people who may have difficulty in reading English. I therefore decided to produce a leaflet in Polish, which could be carried by Association bailiffs and also be distributed to the Polish community in Northwich.

Keeping things as simple as possible, I have produced a leaflet entitled ‘Fishing in the Northwich area’ which you can view (in English) here.
I would like to thank John Aston for arranging the translation into Polish, and also PCSO Barbara Billington who has kindly agreed to work with the Association in supporting this initiative.

Finally, it would be naive to assume that this will stem the threat to our fisheries from illegal practices which we know are happening elsewhere in the country. I would appeal to everyone to be vigilant, particularly in relation to any lines left in the water and tethered to the bank.

If you should find a setline, please remove it from the water immediately and report the incident to the EA (tel. 0800 - 807060).

 

If you see any offenders using a setline please obtain descriptions of them and their vehicles. You may report this directly to the police (0845 458 0000) or the EA. Either should attend as quickly as they are able and both have the power to bring a prosecution under the Theft Act 1968 and the Salmon & Freshwater Fisheries Act 1975.
 

As always, keep me informed.
 

Thanks,
 

Mark

September 2008

Poaching Is Theft

During the last couple of months there have been a number of cases where bailiffs have caught non members fishing Association waters.  

Some of these have simply involved novice anglers who simply didn’t know any better. Our action has been to advise them of the need to buy a permit and request that they pack up and leave.  However, one individual was caught twice within a month and has been warned that he will face legal action if caught without a permit again.

We have had one case which we viewed much more seriously, and on that occasion the police attended and arrested two men. This followed excellent work by two bailiffs, ably assisted by two keen members of the Association.  

Briefly, the two offenders had hidden their car on the drive of an empty house in Dalefords Lane at Whitegate, and had then walked through Petty Pool Wood to access Petty Pool on the bank which is out of bounds to Association members.  Although this was well after 10.30 pm. when Association members have to be off the water, the offenders were discovered as a result of regular checks of the far bank area and a series of successful night patrols.

The offenders weren’t novices, simply ignorant of the rules.  They were experienced and well equipped carp anglers who knew exactly what they were doing.

The Association was able to make a complaint under Sec. 32 of the Theft Act 1968 which permits the prosecution of “a person who unlawfully takes or destroys, or attempts to take or destroy, any fish in a water which is private  property or in which there is a private right of fishery”. 

In the case of Wells v Hardy (1964), the defendant had been catching fish and placing them in a net with a view to returning them at the end of his day’s fishing.  Lord Chief    Justice Parker distinguished ‘taking and carrying away’.  “Taking’ does not include an   element of ‘asportation’ (ie. taking the fish away from the river).  It means to lay hands upon, to grasp, to seize or to capture”.  

So, poaching is theft, and the message to anyone found poaching Association waters is loud and clear.  You will be caught, and you may very well end up with a criminal record.  Is it really worth the risk ?