Alex Thompson Channel 4’s Chief News Correspondent will be running an item on an investigation into the way Enforcement Undertakings are decided on, implemented and then monitored on tomorrow night’s Channel 4 News 4 News at 7:00 pm.
Interestingly, it will contain references to the R Taw/Mole pollution and major fish kill incident that we had a few years ago and an interview with Alex Gibson, former Chairman of RTFCA regarding our experiences of the way EU’s are set up and run and why it was that we decided not to take that particular course of action in our search for the right outcome.
The Fox and Hounds was the venue for the River Taw Fisheries and Conservation Associations AGM last Friday. Forty or so members assembled at the hotel with river conservation at the top of the agenda. Chairman Andy Gray highlighted the extensive work being undertaken across the River Taw catchment with a collaborative science based approach to tackle the many issues that impact upon the rivers health. Agricultural pollution, and sewage discharge identified as being the most impactful. The association are working closely with the Environment Agency, West Country Rivers Trust and North Devon Biosphere in a catchment partnership. The collection of data is a vital part of forward planning and the association are working with Exeter University and West Country Rivers Trust to help gather this information for science lead solutions.
Daniel Skeat’s and Karen Saunders gave informative presentations regarding the shad eDNA project and electro fishing results across the catchment. There were some positive results from the fry surveys in some areas that give a glimmer of hope for the future.
The Taw salmon rod catches were probably better than expected with around 90 fish recorded. Most of these were caught during a brief productive spell at the end of the season with most fish caught lower down the catchment despite good water levels.
It is apparent that anglers observations from the water’s edge are vital in revealing the full picture. Rod catches are an important indicator of fish populations. It is only through anglers that the presence of rare migratory shad have been highlighted in the Taw catchment. Anglers are often the first to spot pollution incidents and those that participate in River-fly Surveys provide vital data to monitor long term river health.
Sam Fenner and Harry Chance from the Environment Agency both gave updates on the sterling work they are doing across North Devon in both fishery enforcement and farm visits. Their efforts are to be welcomed and supported whole heartedly by all anglers. The Environment Agency is undoubtedly underfunded and this will only change as public opinion puts the environment higher onto the political agenda.
The Channel 4 program ‘Dirty Business’ has stimulated much discussion regarding water companies and enforcement. These emotive productions are beneficial in stirring public opinion but anger seldom proves productive as the issues are complex. In a world driven by social media and polarised opinions solutions are not often easily found.
In my opinion the work being done in our rivers is vital to help salmon and sea trout survive. But addressing the destruction of salmon at sea via industrial fishing is where action needs to be coordinated to give any realistic hope for the long term future. As to climate change its effects can perhaps be combatted to a limited degree by careful river management with tree planting.
An online auction is being held to raise valuable funds to enable this work to continue full details can be found on the associations website.
RTFCA ANNUAL FUNDRAISER
Welcome to the RTFCA annual fundraiser. Donations from our members and supporters go to raising to funds for the Association.
All of the funds raised are spent on in-river projects designed to improve water quality or deliver environmental improvements. Some of our previous projects can be seen on our website at https://rtfca.co.uk/
This year we are hosting the fundraise online. Please follow the link and instructions and bid generously. Leave a tip if you are able.
We are very grateful for your participation and support.
The Fox and Hounds at Eggesford are hosting a Trout and Salmon Spring gathering between March 27th and March 29th. This will include talks screenings, demonstrations and the chance to meet and mingle with fellow anglers and their families at this historic fishing hotel. Call 01769 580345 to secure a place.
The River Taw Fisheries and Conservation Association held their AGM at The Fox and Hounds Country Hotel last Friday. Chairman Andy Grey reported on a disappointing season in 2024 with salmon catches the lowest since 1952. The Environment Agency statistics showed a consistent number of rod hours over recent seasons with an estimated 0.18 salmon per licence holder if my notes are correct. A month into a new season and no salmon have been recorded from the Taw. The Torridge has done rather better with three salmon recorded.
The environment was as always at the top of the agenda with the association working extremely hard with the North Devon Catchment Partnership to help raise funding for habitat improvement and enhanced water quality.
Members raised their concerns regarding water abstraction and pollution incidents with the EA officers. It was very apparent that the Environment Agency is understaffed with hard working ground staff covering a very wide geographical area. Agricultural practices and sewage overflows are undoubtedly the main concerns and progress is being made in combatting the issues via education and fines for breaches of consents. The Environment Agency officers present emphasised the importance of reporting any pollution concerns via the EA hotline number 0800 807060. Anglers are very much the eyes of the river and play a vital role in raising awareness.
The number of Environment Agency Fishery officers in Devon now stands at two a reduction from over twenty employed recalled one North Devon water bailiff present at the meeting. Whilst the issues facing rivers have changed to some extent over the decades and focus has moved more towards environmental protection it is obvious that political priority is not on the health of rivers. Observations of local sewage infrastructure indicated that there has been no significant upgrade in the capacity of some rural sites despite extensive housing development. South Molton being a good example of this.
The dedication of local environment officers including Sam Fenner and Harry Chance was noted with those present at the meeting eager to share their observations on the river and its many issues. There is a great deal of work being undertaken to work with farmers to ensure compliance and improved working practices to reduce soil run off and silage spills.
The association are working with scientists to gather vital data using EDNA technology to help build a picture of migratory fish locations including shad, salmon, sea trout, eels and lamprey. This will enable targeted investment over the coming years.
The Torridge Rivers Association held their AGM at the Half Moon Inn at Sheepwash the previous week where the environment was also high on the agenda. The main focus was the associations salmon hatchery that has successfully raised 33,000 swim up fry. These fry have now been stocked out into strategic areas of the Torridge river system.
The RTFCA welcomes new members and has launched a Facebook page and new website to help promote and engage. https://www.rtfca.co.uk
We have had a long period with no communication as a result of technical problems with our website. The problem has finally been resolved. Richard Nickell gripped it and commissioned a new website with a new address: www.rtfca.co.uk:. This modernised, cleaner, sharper website has been launched to allow us to communicate again. I would like to thank Richard and our web designer Elizabeth Walsh (www.elizabeth-walsh.co.uk), who collaborated so effectively. Liz will hopefully boss us into more regular communications.
Click on image below for website :-
Landscape Recovery Scheme – Thoughts
We are working on the idea presented at the AGM and, steadily in the background, on a thoughts document. Ian Blewett’s continuing involvement in the North Devon Catchment Partnership helps us stay engaged with other stakeholders. Landscape Recovery projects require an energetic and enthusiastic farmer as a starting point; one has emerged. Large acreages need to be signed up to enable funding to be applied for. This appears to be happening. We are in discussions with the right partners to keep this ambitious and long-term opportunity in our sights. An overview of the Landscape Recovery Scheme is shown as an addendum to this letter.
Our river has many critical Biodiversity Action Plan (BAP) species, from our salmon and sea trout through to freshwater pearl mussels as well as increasing numbers of rarer species like shad and otters. There will be more and for those with time on their hands, do look at https://jncc.gov.uk/our-work/uk-bap-priority-species/and see if you can identify all the species we host in, on and above our catchment’s rivers. As regards UK fish species, it is likely we have 7 of the15 listed. These BAP species add weight to our application.
Sewage Treatment Works (STWs)
Alex Gibson has been waging war on South West Water because of the inadequate STW system in our catchment which is in part responsible for our water quality problems. We all know that the expansion of our towns and villages town puts additional pressure on already inadequate \\\\|\|||||AASTWs. Alex continues to harass SWW ,trying to hold them to account and pressurise them into cleaning up their act. South Molton and Chittlehamholt STWs appear to be the most problematic STWs at the moment, but there are shortcomings all across the Taw catchment which contains about 35 STWs. All these outflow into the Taw and its tributaries. Alex is putting together a table to show the sewage discharges in our catchment. This will be put on the website when finished. To see how the STW in your area has been performing go to The Rivers Trust website –
As referred to earlier, shad are returning to our river and are useful as a lever to acquire funding and bring pressure to bear on improving the water quality in our river. You cannot legally target this rare species when you fish, but if you do by chance catch a shad please return it to the river as quickly as possible. If you keep catching them, I suggest you fish elsewhere on your beat. They won’t be there for long. Please report their presence and recover any dead shad you find for post mortem analysis as we need to prove they are spawning and demonstrate which species we have. We are confident we have the Allis shad; we may have Twaite shad as well.
Addendum
Landscape Recovery Scheme – Overview
There are 4 main distinguishing features of the Landscape Recovery Scheme:
Large scale projects: the scheme is designed to deliver outcomes that require collaborative action across a big area, such as restoring ecological or hydrological function across a landscape.
Long-term public funding (for example for 20years or longer); the scheme will support outcomes that take a long time to deliver, such as peatland restoration, woodland management or habitat restoration.
Bespoke agreements: the scheme can fund activities that contribute to priority outcomes but are specific to the locality and so difficult to facilitate through other schemes.
Blended funding: the features above and the provision of development funding should enable projects to attract private investment
Landscape Recovery projects will be selected in rounds, which will involve a competitive application process.
A company that polluted nearly 5km of the River Mole, the principal tributary of the River Taw, in Devon has paid £18,000 in damages to local angling clubs and fishery owners following a legal claim. In July 2019 liquid anaerobic digestate deposited by agricultural contractors AJ Sing and Sons Ltd on fields north of South Molton entered the river, causing what was described by one Environment Agency officer as the worst fish kill they had seen in 30 years. An estimated 15,600 fish died as result of the pollution, including juvenile salmon, adult brown trout, sea trout and juvenile brown trout.
Represented by Fish Legal, the anglers’ damages claim followed a criminal prosecution brought by the Environment Agency (EA) where the company and an employee were fined a total of just £2,667 at Exeter Magistrates Court on 28 July 2021.
The anglers are donating all of the damages to help fund projects run by the Westcountry Rivers Trust (WRT) in co-ordination with River Taw Fisheries & Conservation Association (RTFS) that improve and restore the habitat and spawning potential of the River Mole, giving fish populations the best chance of recovery.
Justin Neal, Fish Legal Solicitor, said: “The digestate was being spread at a time when there was rain and the leaking pipe was left for days, meaning that this highly damaging waste washed into what was a pristine river habitat, causing a total wipe-out of fish for a considerable distance.”
He added: “Whilst we are pleased that the EA prosecuted those responsible for pollution offences, we are finding in other cases across England and Wales that the spreading of digestate and fertiliser is not properly controlled with full oversight by regulators. Nevertheless, we hope that the money which was paid to our angler members can now be put to good use to assist the recovery of the catchment.”
Alex Gibson – River Taw Fisheries & Conservation Association
Alex Gibson, who was Chair of RTFCA at the time of the pollution incident and is also a claimant said: “It is not just anglers fishing below the polluted stretch, but all those who enjoy the river and its ecology that have felt the devastating effect of this pollution incident and unfortunately will continue to do so into the future. Our collective claim enables us to provide £18,000 to the WRT for river improvement work on the Mole.
He added: “We hope the fact that anglers on the river have come together to take legal action directly against these polluters will send a message to others in the catchment that they need to take care when dealing with highly toxic substances or pay the consequences.”
Statement from Alex Gibson
“We all remember too well the Mole pollution incident at the end of July 2019. Anaerobic digestate being spread as a fertiliser on fields north of South Molton by Alun Sing, a farmer and contractor, was allowed into the River Mole in large quantities.
The EA estimated that about 15k fish were killed over a 5km stretch. That made it an EA Category 1 incident. Adult sea trout, adult brown trout, juvenile salmon and juvenile brown trout, some of which would have become sea trout, were killed. Also killed were stone loach, bullhead and minnows. In short it was an ecological disaster.
The EA’s prosecution was successful and we then mounted a private action using the services of Fish Legal. This took the form of 5 RTFCA members of Fish Legal acting as claimants. I am pleased to say that our claim has now been successfully settled. The £18k received is being paid by the 5 claimants to WRT for river improvement work on the Mole.
Here are a few conclusions of my own.
Farmers should not be allowed to get away with polluting our rivers. Category 1 and where possible Category 2 incidents must be prosecuted by the EA.
Offers of Enforcement Undertakings should be declined as RTFCA did in this case. By offering money direct to affected parties the polluter seeks to avoid prosecution. If farmers are not prosecuted there is no deterrent effect to bad practice.
Private actions can be successfully brought, but only by concerted action using a specialist service, namely Fish Legal. It was disappointing that only 5 Fish Legal members could be found among RTFCA riparian owners. More members will be encouraged to join Fish Legal and I would make the point more generally for all owners of fisheries elsewhere.
As RTFCA has always been aware, anaerobic digesters, of which we have 3 on our river system, and the spreading of digestate from them are a continuing threat to our river and need to be properly regulated and overseen by the EA.
This incident happened during my chairmanship and has reached its conclusion during Andy Gray’s. I hope Andy never has to face anything similar. The RTFCA Committee asked me to continue taking responsibility until the file could be closed. Thankfully we have now reached that stage.
Thanks are due to the other claimants and to the RTFCA Committee, both of which groups, I would suggest, have made the right decisions during this long, drawn-out process.
The success of our private claim though is really down to the excellent work done by Fish Legal and in particular by Justin Neal. For many reasons this was never going to be a straightforward case. I have enjoyed working with Justin, but we will both be happy to close the file.”
Fish Legal is a not-for-profit organisation of dedicated lawyers who use the law on behalf of anglers to fight polluters and others who damage and threaten the water environment. Fish Legal secures compensation for its members to help restore polluted waters and challenges Government and regulators when they fail to protect fisheries.
Fish Legal represented five fisheries on the Mole and the River Taw including the Barle Fishing Club, the Wampford Syndicate and three riparian owners.
The River Mole sub-catchment is a highly important spawning and nursery area for salmon in the Taw catchment. The impact on juvenile salmon from this incident will potentially result in some reduction to the number of adult salmon returning to the River Mole in 2021, 2022 and 2023 migration periods.
The dead fish included 1,127 adult brown trout, 14 adult sea trout, 1,222 brown trout fry, 328 brown trout parr, 1,155 salmon fry and 315 salmon parr
Fish Legal took legal action on behalf of a member club on the River Leadon in a similar incident in 2016 when an employee instructed to fertilise one of the orchards at a farm near Dymock in Gloucestershire failed to check the valves before turning on the irrigation system designed to take the digestate fertiliser from a lagoon to the orchard. https://fishlegal.net/case-studies/river-leadon/
After a two year break it was good to once again sit down at High Bullen House Hotel for the AGM of the River Taw Fisheries & Conservation Association. Chairman Andy Gray gave a warm welcome to a good number of members who attended despite ongoing concerns regarding COVID.
As always conservation of the river and habitat dominated the agenda with enlightening talks given by Adrian Dowding from the West Country Rivers Trust and Dr Jamie Stevens who has been working on the SAMARCH project. https://www.samarch.org
Adrian reported on the results of fry surveys undertaken on forty sites across the River Taw catchment. The results were encouraging for some areas of the Upper catchment with some evidence of improvement following gravel washing programmes over recent seasons.
The RTF&CA has adopted a science based approach to conservation efforts funding valuable research into the river’s health. Good scientific based data is vital in providing evidence needed to establish the requirement for funding.
The complexities of nature were made apparent by the fascinating talk delivered by Dr Stevens. The five year SAMARCH project uses the genetic codes of sea trout and salmon to establish their movements within the marine environment. This is undoubtedly highly complex scientific research that provides an extremely valuable tool in determining where conservation efforts need to be focussed. The mapping can be used to inform on decisions relating to Marine Protected Areas (MPA’s).
Nature is complex and the more we understand the more able we are in successfully managing it. We wouldn’t need to if we didn’t abuse it!
The associations secretary Ian Blewett gave a passionate summary of the vital work undertaken by the RTF&CA highlighting the need for numerous bodies to come together in an alliance for the long term good of the rivers. There are many groups with different agendas regarding the river who share a basic need. My own personal view is that rivers are the vital arteries of the land and as such should be fit for both fish and humans to swim within.
Ian explained that alliances between interested parties that have at times not seen eye to eye is vital to ensure improvement in agricultural practices and in ensuring adequate treatment of waste effluent. There are many groups that are starting to work in partnership giving some hope that there is a brighter future for our rivers.
I frequently use the term “Our Rivers”. This is not because we actually own them as we are in reality custodians of the environment with a responsibility to look after this part of the natural world ensuring its long term health. My reasoning is that by inferring ownership it inspires a responsibility to look after that which we perceive as owning.
The catch statistics from the river revealed that in 2021 a disappointing 65 salmon and 120 sea trout were caught by anglers. These results reflect a long term reduction in catches. Low water conditions and COVID lockdowns undoubtedly had some impact on these results so it is possible that this season will show an improvement. At the time of writing at least five salmon have been caught on the Taw and three on the Torridge.
The AGM was followed by a fundraising auction ensuring valuable funding for future conservation projects.
The dinner that followed was delicious and enabled a welcome chance to gather around the table and swap many tales from the riverside and beyond.
Those who value the River Taw should consider joining the River Taw Fisheries & Conservation Association.
2021 AGM RIVER REPORT, RIVER TAW FISHERIES & CONSERVATION ASSOCIATION – ALEX GIBSON
To say the least 2020 was an abnormal season for us – covid restrictions and two extended low water periods led to fewer fishing days. Nevertheless the beat survey was encouraging – 177 salmon, 192 sea trout and about 2,600 brown trout. To date I only have preliminary EA figures for salmon, 146 (90% returned). Last year’s beat survey numbers were 82 salmon, 265 sea trout and almost 3,000 brown trout.
River Improvement Work: £10,000 was spent on gravel washing last year on the Upper Taw, Mole, Molland Yeo and Crooked Oak. We plan is to spend the same amount this year. We also plan to spend £8,000 on a Westcounty Rivers Trust fry index survey. WRT last surveyed six years ago in 2015. The EA conducts its full juvenile survey every 6 years and its next survey is scheduled for 2024. However this may be delayed a year because for covid reasons no surveys were possible last year. These WRT and EA surveys are crucial to us since they allow us to fine tune our river improvement plans by reference to the three-yearly information base.
Mole Pollution Incident: As far as we are aware the EA is pushing ahead, very slowly admittedly, with its plans to prosecute what is a category 1 incident, the worst. Unfortunately information about the case is not forthcoming and we still don’t have access to the original fish kill survey. By releasing it the EA feels it may prejudice its case. We are determined on our part that prosecution should go ahead and it was for this reason the we turned down an enforcement undertaking offer of £6k from the polluter. These EU’s are a form of out of court settlement. Such an enforcement offer had it been accepted by us and subsequently by the EA would have meant no prosecution, an unacceptable outcome. The good news is that under pressure from us the EA has indicated that on a one-off basis it will survey two sites on the polluted stretch of the Mole this season. This should give us a handle on how that stretch of river is being recolonised.
As you all know we work very closely with the Westcountry Rivers Trust and this is an excellent opportunity for me to thank Adrian Dowding. I have worked closely with Adrian from the time of the Access over Weirs Project onwards and I can safely say that his contribution has been invaluable. He understands our catchment and continues to be committed to help us.
We were without an EA Enforcement Officer for about 6 months last year after Paul Carter’s retirement. This situation was made good in October with the appointment of Callum Underhill, who like Paul will cover the Taw, Torridge and Lyn. Due to covid restrictions it has not been possible to meet Callum and give him a full briefing on the river and RTFA. We hope to make that good shortly. Meantime telephone conversations must suffice.
I have been Chairman since the 2007 AGM and this is the right time for me to stand down. I feel much has been achieved, but as you are all well aware keeping our river healthy and its fish stocks in good shape is a continuing uphill struggle given the threats we face. I am referring particularly to the threats from bad farming practices, the 35 sewage treatment works on our system and the 3 anaerobic digesters, which have led to a huge expansion of winter maize growing with damaging consequences from soil run-off. All this works to the detriment of better water quality and healthier fisheries. We have campaigned actively against these threats and I am sure we will continue to do so.
I believe the Association continues to have a clear river improvement strategy, fully supported by the membership. This strategy is implemented to the extent that funding permits. We always try to be proactive rather than reactive and have punched above our weight regionally. We are well plugged into the national organisations that must lead the national initiatives and campaigns for better water quality and healthier fisheries. I am sure all this will continue under Andy’s Chairmanship.
I am delighted that the Chairmanship is passing to Andy Gray. In my opinion he is the ideal candidate and he inherits a strong Committee which is widely knowledgeable, has plenty of experience and properly reflects all parts of the river and all types of fishing from brown trout to salmon and sea trout. There is a broad membership base. I know Andy will be a first class Chairman, ably supported in particular by Ian Blewett as Secretary and Richard Nickell as Treasurer. I am also delighted that Eddie Rands, Chairman of South Molton & District Angling Club, is joining the Committee. He will be a real asset.
Finally I would like to thank everyone for the support that I have received over the years. And in case you think you have finally got rid of me I should point out that the Committee wishes to co-opt me back in an unofficial capacity. I hope to be able to add some value in this role.
The Fox and Hounds was the venue for the River Taw Fisheries and Conservation Associations AGM last Friday. Forty or so members assembled at the hotel with river conservation at the top of the agenda. Chairman Andy Gray highlighted the extensive work being undertaken across the River Taw catchment with a collaborative science based approach to tackle the many issues that impact upon the rivers health. Agricultural pollution, and sewage discharge identified as being the most impactful. The association are working closely with the Environment Agency, West Country Rivers Trust and North Devon Biosphere in a catchment partnership. The collection of data is a vital part of forward planning and the association are working with Exeter University and West Country Rivers Trust to help gather this information for science lead solutions.
