Fisherman can claim for salmon restriction
A FISHERMAN can claim compensation over the “severe” impact on his business caused by the Environment Agency drastically cutting the number of salmon he can catch using an ancient fishing technique.
In 2016, Nigel Mott, who is in 70s, won a declaration in the Court of Appeal that the decision interfered with his right to enjoy the fruits of his fishing lease under human rights law.
Mr Mott, who for over 40 years has fished the Severn estuary near Lydney Harbour using a putcher rank - trapping adult salmon in conical baskets - said the catch limit conditions made his fishery wholly uneconomic to operate.
In 2012, the Agency limited his catch to 30 fish for that season and further limits of 23 and 24 salmon were imposed in 2013 and 2014 respectively.
While Mr Mott, of Sproat, Chepstow, was paid compensation on occasions between 2004 and 2011 not to operate the fishery during particular seasons, none was paid in relation to the restrictions between 2012 and 2014.
Mr Mott says that the putcher method is environmentally sensitive and ensures salmon stocks remain stable.
Yesterday, five Supreme Court justices unanimously dismissed the Agency’s appeal against the Court of Appeal’s decision.
“The Agency gave no consideration to the particular impact on Mr Mott’s livelihood, which was severe,” said Lord Carnwath.
An Environment Agency spokesman said: “Salmon stocks are at an all-time low and it is the Environment Agency’s duty to protect them where they are at risk.”