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Is It Legal?

Started by Wildfisher, April 24, 2023, 06:17:40 PM

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Laxdale

#10
The first thing a bailiff should ask is "what are you fishing for?" Then take it from there.
Most of the guys you see on U Tube are fishing the Clyde, and they will have a LLAIA ticket.
Given the methods employed can catch many species, the only way to get in to real bother is to kill and retain sea trout.
If you smack one on the head and get collared when putting the trout in the boot...you are nicked!
The only aspect that annoys me is the deliberate targeting of obvious kelts, and, even more so, the ooohing and aaahing over the poor skinny, starving creatures by halfwits.

Laxdale

Quote from: Fishtales on April 24, 2023, 08:54:42 PM
They can't assume they need positive proof. If he lands a Sea Trout or Salmon and returns it immediately then there is still nothing they can do. If he keeps the fish then he has committed the crime and then they can do something about it. What they were doing would be classed as harassment and it would be them in trouble if the police got involved.
A water bailiff can get involved if there is a suspicion an offence has been committed.

Wildfisher

Quote from: Laxdale on April 25, 2023, 02:27:16 PM
A water bailiff can get involved if there is a suspicion an offence has been committed.

There was a lot of salmon poaching at Elliot (and prosecutions)  which probably explains the bailiffs checking. The guy was bass fishing though and had no fish of any kind on him. I seem to remember he was told to stop fishing to which he reacted "go away" .  ;) ;)

Fishtales

Quote from: Laxdale on April 25, 2023, 02:27:16 PM
A water bailiff can get involved if there is a suspicion an offence has been committed.

Like the Police they need Reasonable Grounds for that suspicion. Are you saying that because he was fishing that is reasonable grounds and if so why didn't they arrest him?
Don't worry, be happy.
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Wildfisher

I think the  reason the person I know got knobbled was he was spinning or fly fishing for the bass. Both are "game fishing" methods only to the unimaginative. Had he been bait fishing no one would have challenged him. I have bait fished for flatties on that beach with no issues.

It's kinda ironic when you think about it - usually it's the bait fishers who get the hassle.  :D

Laxdale

Quote from: Fishtales on April 25, 2023, 03:03:07 PM
Like the Police they need Reasonable Grounds for that suspicion. Are you saying that because he was fishing that is reasonable grounds and if so why didn't they arrest him?
Just fishing, no. Where and how come in to it.
An experienced bailiff knows pretty quickly when someone is at it or is blissfully ignorant.
Given almost all the guys are now returning all bass/sea trout, harassing sea anglers in not a priority for bailiffs.
I would be liable to start wayward casting with a beachcaster, 100lb bs line , 6 mackerel feathers and a grip lead over the line of any obvious miscreant as opposed to getting in to a legal debate. Bet I would not get fed up first....

Laxdale

Quote from: admin on April 25, 2023, 04:38:20 PM
I think the  reason the person I know got knobbled was he was spinning or fly fishing for the bass. Both are "game fishing" methods only to the unimaginative. Had he been bait fishing no one would have challenged him. I have bait fished for flatties on that beach with no issues.

It's kinda ironic when you think about it - usually it's the bait fishers who get the hassle.  :D
If you had any idea how many effing sea trout I have caught this year whilst bait fishing for flatties, you would understand why!

ianmck

Quote from: Laxdale on April 24, 2023, 09:37:54 PM
The first thing a bailiff should ask is "what are you fishing for?" Then take it from there.
Most of the guys you see on U Tube are fishing the Clyde, and they will have a LLAIA ticket.
Given the methods employed can catch many species, the only way to get in to real bother is to kill and retain sea trout.
If you smack one on the head and get collared when putting the trout in the boot...you are nicked!
The only aspect that annoys me is the deliberate targeting of obvious kelts, and, even more so, the ooohing and aaahing over the poor skinny, starving creatures by halfwits.

Rhu narrows and Ardmore Point are popular spots that are part of lomond fishings. Must be near impossible to police though as they are popular spots with day tripper families chucking spinners out not really knowing what they are doing.

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