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Is It Legal?

Started by Wildfisher, December 23, 2009, 11:29:42 AM

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Wildfisher

To go to a river or loch known  to hold fish and to be an established fishery,   at any time of year,   to practice fly casting as long as you have no hook, or any other means of  trapping fish,  attached  to your leader?

haresear

I remember reading of a case where a guy was done for fishing when in fact he was only practising his casting on a park pond. I can't remember the details unfortunately. It may well have been in Aberdeen.


QuoteIf doing this though, I'd make sure that the person/club you would normally get a permit from were informed of your intentions and that you had no hook anywhere in your possession.

I think that is a good idea. When I tried fishing the Clyde for barbel a couple of years ago, I made sure the bailiff knew me and the gear I would be using, by having a wee word first.

Alex
Protect the edge.

Wildfisher

Quote from: Ardbeg on December 23, 2009, 11:41:11 AM
Can't see why not, you're not actually fishing.

For sure you are not, but might  you be accused of something else, for example disturbing  spawning fish?

Wildfisher

Quote from: Ardbeg on December 23, 2009, 02:02:48 PM
Fish a bit that isn't gravelly.

This is a real can of worms - please excuse any unintentional pun -  how would a casting practicer know  for sure they were not causing disturbance? It might be argued of course that grayling fishers,  or even canoe or raft users  would be causing equal or greater disturbance, but they are allowed (as long  as it's not a business venture). 

Somehow I doubt  we would be welcomed if doing a bit of honest, not for profit,  casting practice on say - the Dee or the Helmsdale.

Wildfisher

Might it not be argued by some smart prosecutor that if you know there are salmon in the river where  you are practising  you are knowingly causing disturbance?

This opens a wider question: if it's not illegal, then what's to prevent you practising during  the season at  - let's say - the junction pool on the Tweed?  Assuming you do not obstruct  others, by getting out  of the way at the appropriate time could   they have legal cause for complaint?

scotty9

Even with no intent, if they did manage to prove you had caused some damage, you may be liable for payment of damages through delict law. Although you'd really have to have pissed someone off for them to chase you through law for practising casting.

I've practiced spey casting with a bit of wool early on in the salmon season on the clyde beside baillifs and no-one had a problem with it. I obviously didn't have a permit but since i wasn't fishing there was no problem.

Wildfisher

Quote from: Ardbeg on December 23, 2009, 05:31:33 PM
deliberately courting confrontation which could be seen as breach of the peace I would reckon.

Deliberately, knowingly.

The same might  be said about canoeing on a river you know anglers fish. The Tay would be a good example.

As long as the canoeists  do not knowingly impede the fishers  there seems to be no problem.. Why would  casting practicers who gave way to fishers be any different?

Swimming also seems to be OK.

It would be interesting to get the view of a lawyer on this one because none of us laymen really know the ins and outs.

As it stands I would happily canoe  or swim on any river if the fancy took me, I?m not so sure I?d be as confident  about casting practice unless I had a permit and it was in season.

Wildfisher

Quote from: Alan on December 23, 2009, 06:04:30 PM
requesting permission from a land owner might raise a few eyebrows, you may be seen as getting in the way of those that pay or those that use the land by right

Indeed.  It would  be interesting to go to the Clyde, Earn etc for   a bit of permit-less casting practice this weekend and see how long you lasted.  :D

Malcolm

I knew I had seen something on this before - here it is

http://www.salmonfishingforum.com/forums/showthread.php?t=5363

I have taken people down to the local river to teach them to cast and have also tried out new gear out of season. My view has always been that you aren't fishing so it is of no concern to any bailiff. As far disturbing spawning salmon or seatrout is concerned I seriously doubt that would hold any water except possibly during the very short spawning period. Salmon fishing in late October and November would disturb spawning fish!
There's nocht sae sober as a man blin drunk.
I maun hae goat an unco bellyfu'
To jaw like this

Wildfisher

That's an interesting link Malcolm although there is no answer there either.

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