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Fishing and the Law

Started by Inchlaggan, February 28, 2013, 03:38:11 PM

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Fishtales

Counter argument.

http://www.scotland.gov.uk/Topics/marine/Salmon-Trout-Coarse/recreational/17519/8903

'Salmon fishing rights are heritable titles, which may be held with or separate from the land, and carry with them the subsidiary right to fish for trout and other freshwater fish. This right must not be exercised in a way that will interfere with the rights of the riparian owner. Where the right is held separate from the land, the proprietor of the right has an implied right of access for the purpose of exercising his right to fish for salmon'

Which means he can't stop the riparian owner from fishing for trout or issuing permits for that purpose. The salmon rights owner may be able to restrict the number or times but I doubt it.
Don't worry, be happy.
Sandy
Carried it in full, then carry it out empty.
http://www.ftscotland.co.uk/

Looking for a webhost? Try http://www.1and1.co.uk/?k_id=2966019

Inchlaggan

Sandy,

Yes. But, of course, it is more complicated than that!
New, sole,  owner of the salmon rights for the whole loch, he also has trout rights for the loch. And thereby hangs the problem. It is that the 1830 case uses the word "trout" whereas the new legislation uses "freshwater fish" - meaning all fish other than salmon or sea trout. His problem is that the other riparian owners are giving permission (in vast numbers) for pike fishing - spinning, deadbaiting and fly fishing. The gear and tactics used are, to all intents, indistinguishable from salmon fishing (except in the attachment of a wire trace), and the fishing for pike can continue all year round. There is no doubt that the pike boys are catching salmon as a by-catch but, as yet, none have been found not returning them. So he has reverted to the 1830 case cited above. He does not intend to prohibit non-salmon/ sea trout  fishing, only to limit it (there are no sea trout in the loch, and precious few salmon).
'til a voice as bad as conscience,
rang interminable changes,
on an everlasting whisper,
day and night repeated so-
"Something hidden, go and find it,
Go and look beyond the ranges,
Something lost beyond the ranges,
Lost and waiting for you,
Go."

Part-time

Thanks for the replies Ken & Sandy; looks like the situation is pretty much as I thought.

Clan Ford

Quote from: fishtales on March 03, 2013, 04:25:12 PM
I was right.

http://www.legislation.gov.uk/uksi/1999/376/made

Hi Sandy,

I'm not sure how it was circumvented but the shrimp / prawn has been fished on some of the lower beats of the Tay on an "experimental" basis in 2011 and 2012.  Not sure when the "experiment" is due to finnish. 

Norm

Fishtales

Reading through the Tay Foundation pages the trial was for extending the season there was nothing about the prawn/shrimp. There was mention of requesting a provisional license for it but there was nothing else about it there or on the Scottish Government website. The SG website only mentions the request for extending the season which was granted for three years. The Tay Foundation also say that there is no guarantee that the extension will stay after the trial and it will depend on the evaluation of the figures.
Don't worry, be happy.
Sandy
Carried it in full, then carry it out empty.
http://www.ftscotland.co.uk/

Looking for a webhost? Try http://www.1and1.co.uk/?k_id=2966019

Clan Ford

Hi Sandy,

I had a wee look round the net - a fair few comments about it on the Salmon Forum but I think this article gives the best background:-

http://salmon-fishing-scotland.blogspot.co.uk/2010/07/salmon-fishing-scotland-bait-fishing.html

I suspect that the Scottish Government gave the ok to coincide with the season extension, which will mean that this will be the last season of experimenting with the prawn, no doubt there will be demands for it to be re-introduced for next season.

Norm

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