A CLAM is at the centre of a David and Goliath wrangle between a fisherman and the National Trust in a long-running dispute that has even divided two of the most powerful government organisations.

Beautiful Newtown Creek is the unlikely battleground in the war for the right to harvest the American Hard Back Clam.

Binstead fisherman Trevor Towill, who claims his family were among those to introduce the clam to Newtown, and the mighty National Trust - the country's biggest landowner - both claim rights to farm the clams.

The Department for Environment, Food and Rural Affairs said it suspected there were public rights for fishing clams - effectively backing Mr Towill's claim on the clams.

But English Nature said unrestricted clam fishing was damaging the creek - a designated Site of Special Scientific Interest - and backed the trust's move to issue a licence to one person - Southampton's John Chandler.

The row came to a head in September 2001 when Mr Towill was apprehended by nine police officers and had his catch confiscated as he left the creek.

That followed a complaint by the trust but he was never prosecuted and has continued to fish and farm the clams largely undisturbed.

"If they had a case in claiming rights to the clams then they would have stopped me from fishing them by now," said Mr Towill, 43.

"The trust maintains it has the rights but we will carry on working there until they prove it. So far they have been unable to and it has become a matter of principle.

"The clams were put there by my family and others in 1970 and we had been going down there for years before all hell broke loose nearly two years ago.

"We have given them the chance to sort it out amicably but they don't want to know."

Trust property manager Tony Tutton, pictured right, said: "We do have the rights. We have the paperwork in the form of the deeds when we purchased the creek in 1965.

"We have been in correspondence with Mr Towill and asked to see what paperwork he has to support his claim but he does not have any."

Mr Tutton said the trust was pursuing legal action against Mr Towill but admitted that that process was a long-winded and complicated one.

DEFRA fishery officer Alex Mackenzie said he suspected there was a public right of fishery at Newtown Creek that gave Mr Towill the right to fish for clams.

"But both sides claim the right - the only way we will get a categoric answer is if it goes to court and neither side has gone down that route yet," Mr Mackenzie said.

Bob Lord, English Nature sites manager, said he supported the trust's decision to award a single tender to fish the clams.

He said unrestricted fishing had been causing damage to the creek, a Site of Special Scientific Interest.

The clams are mainly sold abroad as flavour for chowder and stews.