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Tuesday, 23 December 2008 14:31

Anglers Conservation Association News

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The ACA held its EGM in Birmingham on Monday 8 December and agreed to change its name to Fish Legal and to join forces with the Angling Trust in England, with a proxy vote of 1,484 in favour to 67 against the change. This resounding vote opens an exciting new chapter for the organisation.

Anglers Conservation AssociationWe have sent new membership forms to all English individual members and club packs to all English clubs, riparian owners, commercial fisheries and trade members are being sent out at the moment. Members in Scotland, Wales and Northern Ireland will continue their membership with Fish Legal. There will be more information available at www.anglingtrust.net and www.fishlegal.net when these web sites go live early in January.

The office will be closed over Christmas, but will reopen on 5 January when we will be happy to answer any questions members might have about the changes.

News from the Legal Department…

The ACA are delighted to have won damages for the Grantham Angling Association following the shocking pollution of the River Witham back in 2002. In the early hours of 3 April, 25,000 litres of chemical fertiliser poured from an agricultural storage tank, made its way into a nearby ditch and flowed downhill into the Witham. The chemical pollution moved slowly along the river, leaving a trail of destruction in its wake, with dead fish obvious for up to 15 km downstream from the point at which the pollution entered the watercourse and raised ammonia levels detected as far as 38km away. Brown trout, chub, roach, grayling and barbel all perished and near to the source of the pollution the chemicals were so concentrated that a dog died within minutes of jumping into the river for a swim. The valve on the tank was allegedly forced open in an act of vandalism and those responsible were never found. The Environment Agency prosecuted the suppliers of the agricultural chemicals, Omex Agricultural, who had supervised the siting of the tank on high ground, in an uninhabited farmyard, with inadequate security. In bringing a civil claim, the ACA won £6,000 in damages for the GAA and also recovered costs.

In an additional case, the ACA defended a spurious claim brought against the Grantham Angling Association by one of its ex-volunteer water bailiffs. The bailiff - now banned for life from the club - claimed for £700 worth of damage to his vehicle after allegedly driving over a loose bit of concrete on the access road to club's fishery. The claim was heard at Grantham County Court on 8th December 2008 but was dismissed on the grounds that the GAA was not liable for the alleged accident.

We are also celebrating a settlement on behalf of the Common Bank Angling Club based in Chorley, Lancashire. On two separate occasions in March 2006 usual suspect United Utilities allowed raw sewage to spew into a feeder stream that led to our member's lake, the Common Bank Lodge. The two spillages were attributed to a failure at a poorly maintained pumping station. Damage to the lake was compounded by a simultaneous diesel spill, allegedly coming from a nearby hospital. Several hundred perch, roach, gudgeon, bream, carp and a few pike were killed - the majority dying slowly from lack of oxygen, with flocks of gulls visiting in the days that followed to pick off the dead fish floating on the surface. Despite this pollution effectively destroying the fishery the club were surprised and disappointed with the Environment Agency's decision only to send a warning letter to the utility company with no further legal action. The ACA took on the case and won £4,000 for the club.

In mid-Wales, the ACA has secured £10,000 for the New Dovey Fisheries Association from Network Rail in recompense for embankment works on the River Dyfi that re-directed the watercourse, leaving precious sea trout pools in an old meander loop shallow and unfishable.

In Alfreton, Derbyshire, we have taken on a new case on behalf of the Excel Hatchery. A pipe owned and controlled by Severn Trent Water burst in September this year polluting our member's fishery, killing a large number of fish and leaving a large amount of deposited sewage in the lake. The club approached the ACA following a lack of response from Severn Trent Water and the Environment Agency. Meanwhile, three months after the burst, the sewage remains in the lake.

In other legal department news, we are pleased to announce that both Guy Linley-Adams, head solicitor here at the ACA and our man in Edinburgh, Bob Younger are both now qualified to practice in Scotland having studied for and passed the Law Society for Scotland's qualifying exams. This will remove the need for the ACA to instruct private agent solicitors in Scotland in order to issue proceedings and will mean that we operate more efficiently and can recover costs more easily following successful settlements north of the border.

Finally, we would like to thank two clubs for very kindly donating funds. Methyr Tydfil Angling Association donated £5,000 and Grantham Angling Association have given £1,000 following the successful conclusion of cases on the Taf Fechan and the Witham respectively. We are extremely grateful for these generous donations that will be ploughed back into our work to protect fisheries and the freshwater environment.

All that remains is to wish all our supporters a very Merry Christmas and a united New Year.

Source: www.a-c-a.org

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