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Fish farmer sues after otters 'ate him out of house and home' Fish farmer sues after otters 'ate him out of house and home'
(7 months later)
A fish farmer has accused the Environment Agency of being a "law unto itself", claiming it allowed otters to swallow up his business.A fish farmer has accused the Environment Agency of being a "law unto itself", claiming it allowed otters to swallow up his business.
Entrepreneur Brian Dobson, 60, sank his life savings into what he hoped would be a successful concern in north Wales.Entrepreneur Brian Dobson, 60, sank his life savings into what he hoped would be a successful concern in north Wales.
But the former oil and gas refinery engineer went bust after otters ate thousands of fish brought in to build up the business, a court heard.But the former oil and gas refinery engineer went bust after otters ate thousands of fish brought in to build up the business, a court heard.
Dobson, who now lives with his son and is claiming sickness benefit, said: "I was literally eaten out of house and home."Dobson, who now lives with his son and is claiming sickness benefit, said: "I was literally eaten out of house and home."
He was given planning permission to set up Waen Wen fishery in the village of Tregarth, near Bangor, Gwynedd, in 1999.He was given planning permission to set up Waen Wen fishery in the village of Tregarth, near Bangor, Gwynedd, in 1999.
Six lakes were dug to accommodate up to 20,000 carp and a partial harvest in late 2005 proved the scheme was coming along well.Six lakes were dug to accommodate up to 20,000 carp and a partial harvest in late 2005 proved the scheme was coming along well.
Three years later he went to remove more fish to raise cash to pay his mortgage only to discover all that was left were bones stripped bare.Three years later he went to remove more fish to raise cash to pay his mortgage only to discover all that was left were bones stripped bare.
He claims the Environmental Agency ruined his business by encouraging otters to breed in the nearby river Cegin.He claims the Environmental Agency ruined his business by encouraging otters to breed in the nearby river Cegin.
Dobson also claims the agency constructed holts to encourage an increase in the river's otter population.Dobson also claims the agency constructed holts to encourage an increase in the river's otter population.
An expert on otters dismissed that view, claiming that the agency's actions had no effect on otter numbers.An expert on otters dismissed that view, claiming that the agency's actions had no effect on otter numbers.
But Dobson is suing the agency for £2m accusing it of breaching its duty of care by failing to warn him of what it was doing.But Dobson is suing the agency for £2m accusing it of breaching its duty of care by failing to warn him of what it was doing.
He told the high court in Cardiff on Tuesday that the agency should have carried out an environmental impact assessment.He told the high court in Cardiff on Tuesday that the agency should have carried out an environmental impact assessment.
He argued that its actions caused the otter population to rise – something he would have guarded against had he known of it.He argued that its actions caused the otter population to rise – something he would have guarded against had he known of it.
He claimed that when he established the fish farm local people told him that the river Cegin had no otters living in it and alleged that the agency was constructing otter holts across England and Wales unsupervised, which could be having a significant impact on fish farm operations.He claimed that when he established the fish farm local people told him that the river Cegin had no otters living in it and alleged that the agency was constructing otter holts across England and Wales unsupervised, which could be having a significant impact on fish farm operations.
"They have carte blanche to do what they like," he told the court."They have carte blanche to do what they like," he told the court.
Later, outside court, he said: "The Environment Agency is a law unto itself. It can do what it likes without any oversight."Later, outside court, he said: "The Environment Agency is a law unto itself. It can do what it likes without any oversight."
The agency denies breaching the rules governing the way it operates and claims Dobson was responsible for overseeing his own interests.The agency denies breaching the rules governing the way it operates and claims Dobson was responsible for overseeing his own interests.
Paul Chanin, an otter expert brought in by the agency, told the court that building otter holts had no impact on the animal's numbers.Paul Chanin, an otter expert brought in by the agency, told the court that building otter holts had no impact on the animal's numbers.
"For a long time people were putting up otter holts because they thought that it would be good for otters," he said."For a long time people were putting up otter holts because they thought that it would be good for otters," he said.
He said that that view had now changed and it was his opinion that building holts made no difference.He said that that view had now changed and it was his opinion that building holts made no difference.
"We still build otter holts but it is not, strictly speaking, helping the otter. They are not very picky about where they live," he said."We still build otter holts but it is not, strictly speaking, helping the otter. They are not very picky about where they live," he said.
He said poison in the water and the availability of food was what made a difference to otter numbers in the wild.He said poison in the water and the availability of food was what made a difference to otter numbers in the wild.
Louis Browne, for the Environment Agency, said that it did not have a duty to inform Dobson that he had made an error by concluding, based on anecdotal evidence, that there were no otters in the river Cegin.Louis Browne, for the Environment Agency, said that it did not have a duty to inform Dobson that he had made an error by concluding, based on anecdotal evidence, that there were no otters in the river Cegin.
"With respect, that is a hopeless argument," he told Judge Andrew Keyser."With respect, that is a hopeless argument," he told Judge Andrew Keyser.
The judge adjourned the case and said he would give a judgment on Thursday.The judge adjourned the case and said he would give a judgment on Thursday.
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