Angler left counting cost of fishing without licence

17-Nov-2011

An angler in Boston has paid a high price for fishing illegally and giving false identification details to an Environment Agency water bailiff.

Magistrates found Modestas Poskus, of Union Street, Boston, guilty of fishing without a licence and providing false details following a trial on 10 November.

Poskus was fined £100 for the rod licence offence and £70 for failing to give the correct identification details. He was also ordered to pay costs of £316 and a £15 court fee.

The Environment Agency bailiff responded after receiving a report of suspected illegal fishing at West Fen Drain, Bunkers Hill, Boston, from a member of public on the morning of 10 February 2011.

A second man, Andrius Ulickas, of Castle Square, Wyberton West Road, Boston, was fishing with Poskus when they were approached by the bailiff. Andrius pleaded guilty at a hearing on the 12 September 2011. Magistrates ordered him to pay a £100 fine for fishing without a rod licence and £80 legal costs.

David Hawley, Environment Manager, said: “The Environment Agency takes fishing without a licence extremely seriously. All the money we receive from rod licence sales is ploughed back into making our fisheries better, so the people who don’t buy a licence are just cheating their sport and other anglers.

“Anyone thinking of fishing without a licence should watch out because, as this case shows, there will be a bailiff about and paying the licence fee is considerably cheaper than the fine they may get.”

Suspected illegal fishing activities should be reported to the Environment Agency’s 24-hour incident hotline on 0800 80 70 60.

Licences may be bought from post offices, via the Environment Agency website (www.environment-agency.gov.uk/fish) or by dialling 08701 662662 (telesales). They run from 1 April to 31 March and two are required if an angler is using three or four rods.

Anyone caught fishing without a valid rod licence can expect to be prosecuted and face a fine of up to £2,500.

Looks like the EA took that call seriously. However, when I tried to report illegal out-of-season fishing on a Hertfordshire river (at my own expense on my mobile) I got through to a woman who could hardly understand/speak English and had trouble in even getting the name of the town right!
She then wanted the postcode, which I didn't have in full as I was visiting the area, so I told her the name of the road and the nearest road junction (this is good enough for the police, AA, etc.) - but she then reeled off a list of towns that had roads with similar names! Eventually I had to spell the name of the town for her, then the road again, by which time I was wondering if I was wasting my time, not to mention my pay-as-you-go minutes.
Anybody else had a similar experience?

Criminal record for failing to buy £27 licence = quasi police state.


Utterly disproportionate response for somebody who probably didn't even know he was breaking the law.


p.s. I just reread this, and what is even more disconcerting is this came from somebody ringing up to report "illegal fishing." On what evidence did they report it, how could they possibly know that the two master criminals didn't have a licence? Lets be clear - what they actually reported was simply two blokes fishing so the EA could come along and check - I cannot see any possible cause for suspicion from the EA press release.

The more people that are checked the better, and all the greater - IMO - if they get even heavier fines, as well as a criminal record, simple as.


Richard

The gentleman in question is £501 out of pocket, weigh that up against £27, its no brainer.
I think if that chap gets caught again, they should double it, and everyone else who cant be bothered to pay.

Surely ignorance of the law is no excuse, whether it's about a £27 licence or £500 car insurance, etc...? These people were reported for 'SUSPECTED illegal fishing' by a sharp-eyed member of the public, who was PROBABLY an angler with good reason to think something illegal was going on - it DOESN'T say he/she suspected they hadn't got licences. The fact that the foreign poacher then gave a false name and address shows he was aware he was doing wrong.
Given that there are a lot of problems in that part of the world with East European poachers, I think it's good news that the EA are prepared to turn out and basically do their job. This will send a message to all the other dodgy anglers in the area that the bailiffs are out and about. If that makes it a 'police state' then so be it. What's the alternative: we make laws and then let people get away with breaking them?

James Mitchell The angler he reported was fishing a river out of season 14th march to 15th June, Myself and
Andy Banham have 'caught' many anglers fishing our club beats of the Roding out of season and the procedure we follow in the interest of our own safety is we make a note of car reg numbers etc, then ask the illegals to pack up and leave making them aware of the Law and they and there vehicles have been recorded.
The response is we get is normally positive and we even get them to join our club by giving them the Clubs
website.Our membership secretary informs us the results are again positive.
I have put up the eviormental agency signage of no taking of fish, which I don't know helps.
Rarely do we get the local E A Officer involed who I have his Mobile number.

John LeSurf

BDAC Fishery Officer.

John LeSurf wrote:

James Mitchell The angler he reported was fishing a river out of season 14th march to 15th June, Myself and
Andy Banham have 'caught' many anglers fishing our club beats of the Roding out of season and the procedure we follow in the interest of our own safety is we make a note of car reg numbers etc, then ask the illegals to pack up and leave making them aware of the Law and they and there vehicles have been recorded...

The press release states they were fishing on 10th February, which is in season.

Don't get me wrong, I fully support EA officers preventing fish poaching, illegal fishing methods, fishing out of season, illegal transportation of fish, etc, and also enforcing the rod licence.

What I think is ridiculous is criminalising people for fishing. A fixed penalty fine should be the disincentive not being hauled in front of the courts and branded a criminal for avoiding (I'm sure in many cases unintentionally) a £27 fee.

If you think that everyone who fishes without a licence should be prosecuted by the EA, well, fair enough. That is your view and my opinion is that it is on the wrong side of heavy handed. According to the EA's own figures, if everyone who went fishing without a rod licence was prosecuted, then we would be criminalising 2 million people a year for going fishing.

EA Public Attitudes to Fishing Survey 2010
The 2010 survey indicated that 9% of the population within England and Wales (4.2 million) have been freshwater fishing within the last two years. 3.3 million anglers had been fishing within the previous year. The report suggests possible reasons for the discrepancy between this figure and the 1.3 million rod licences sold may include:
- high evasion levels among anglers who fish infrequently;
- interpretation of ‘going fishing’, for example, accompanying an angler rather than personally fishing which would not require a licence.

http://publications.environment-agency.gov.uk/PDF/GEHO0610BSOS-E-E.pdf


Not having a go at anybody, I just think that kind of a situation is extremely silly, and makes a mockery of the law.

Just another example of state over-encroachment into our lives my opinion.
http://www.telegraph.co.uk/news/uknews/1921809/Headmaster-faces-ban-over-fishing-licence.html

Does seem a bit unfair when the directors of a major plc continue to be at large with spotless records despite their company's virtual non-stop prosecutions for infringing environmental laws.

Paul Snell wrote:

Does seem a bit unfair when the directors of a major plc continue to be at large with spotless records despite their company's virtual non-stop prosecutions for infringing environmental laws.

If you're referring to Thames Water Paul, I think you'll find it's legal to discharge pollution ( ), if that's what you were referring to. That aside, you cannot compare one "crime" to another and evaluate proportionality of verdict, as they are seperate crimes and have different precedents in law.


Generally speaking, the guy that's been done has had to pay a fine for not having a licence, for lying about his name and address and it's gone to court because he's a liar! If the courts don't make examples of 'licence dodgers', what incentive do they provide for anyone else to buy one? In my opinion his total fine and expenses is correct and doesn't come anywhere close to the amount of money spent trying to catch, and then take to court, time-wasters like him!


As for a Police State mentioned earlier, it always has been and it's getting worse, but I can't excuse some fellow for not buying a licence.

Hang him!!! :farao:


Richard