Fishing and the Law

[Fishtales]

I should have said that is for migratory species only.


Fishing with bait or spinning on a fly only trout water is a civil offence and is between the offender and the permission giver, as Ken says, and you are not breaking any criminal law.

[Inchlaggan]

Not a criminal offence in either case.
When the angler comes to pay you to fish you can stipulate whatever rules (within the law) you want- say "fly only". Catch him spinning or worming and chuck him off the river and don't give him his money back. End of. You might want to take him to the civil court for damages. You could have asked for a deposit against his good conduct and that would be forfeit in the event of a breach of your rules.
And so on.

[Fishtales]

Each catchment has its own rules outwith the statutory ones and each beat also has a set of rules.

On the Tay and Earn No Prawn or Shrimp which is throughout.

Some beats No Worming.

Others Fly Only

All are governed by the salmon legislation if they have been passed by the Scottish Government and are against the law for each specified beat.

[Inchlaggan]

All are governed by the salmon legislation if they have been passed by the Scottish Government and are against the law for each specified beat.

Correct, but if the owner of the beat applies a further restriction of his own it is a civil matter.

[Fishtales]

Correct, but if the owner of the beat applies a further restriction of his own it is a civil matter.

You had already covered that hence the reason I put in 'if passed by the Scottish Government' bit

[Clan Ford]

Each catchment has its own rules outwith the statutory ones and each beat also has a set of rules.

On the Tay and Earn No Prawn or Shrimp which is throughout.

Some beats No Worming.

Others Fly Only

All are governed by the salmon legislation if they have been passed by the Scottish Government and are against the law for each specified beat.

Sandy,

Several (Lower?) beats on the Tay have allowed prawn over the past couple of seasons.  Not sure if this is exclusively during the end of season extension that they have been experimenting with or if it goes on all season.  All fish caught on the prawn have to be released though.

Generally I've found the law and fishing quite straight forward, it is all set out in the act that Sandy quotes from, however some folk keep regurgitating "old wifes tales" and rules from pre the latest bit of legislation (I'm not having a pop at you Ken) that muddy the water and can make life confusing.  I know that on my association water that ignorance is wide spread and some of the simplest rules seem quite alien to how people want to fish :roll:  It works both ways though, some of the landowners don't seem to know the rules either.  They seem to think that in some way having the right to fish for trout and owning the land can stop them allowing access to the salmon fishing, not only that but it also gives them the right to fish for Salmon when they are held by the association.  It can get quite costly having to get a solicitor in to explain the "law" to them :?

Norm

[Fishtales]

Norm

I thought the ban was part of the Protection Order on the Tay so anyone using it was breaking the law.

[Fishtales]

I was right.

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

[Inchlaggan]

I have heard just about every variation of the "old wives' tales" Norm mentions, from "all non-salmon fishing in Scotland is free to all" to "get that dog out of my loch or I will shoot it for disturbing my fish" (he lost his shotgun certificate over that one). The point in purchasing the book and starting this thread was to explore what is fact and what is myth. The assistance of forum members in clearing up matters is greatly appreciated. However, IMHO, the legislation is not straightforward or easily accessible (Andy is going to have to do a lot of work to plan his, legal,  spin/ worm/ prawn trip of salmon rivers!).
Whilst the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 does do much to clear up the confusion, a whole lot remains muddy- such as trout fishing being an inferior right to salmon fishing- "the right to trout fishing must be exercised in such a manner which will not interfere with or injure the superior right of salmon fishing" (Mackenzie v Rose 1830). Obscure, ridiculous, nearly 200 years old, but being currently cited in an attempt to restrict trout fishing on a loch I know of.

[Fishtales]

Ken

I take it he owns the salmon rights and is trying to stop the owners of the land exercising their right to fish it for trout?