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  #1 (permalink)  
Old 03-05-2011, 03:52 AM
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Default How did we get to this situation?

As a fairly newbie to this fly fishing game I'm curious as to how we have ended up paying for what seems to me what should be a 'free' sport.
If there is public access to a river say footpath why can we not fish there for free for trout or salmon without someone claiming you are poaching/trespassing etc?
I can understand that some riverbanks are 'private' hence the charge and may even be stocked with trout, but what about salmon? Is salmon stocked? Why pay a fortune to fish for this species?
Finally what are the legal consequences of just fishing a river?
Are there legal consequences?
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Old 03-05-2011, 06:15 AM
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Default Re: How did we get to this situation?

You cant fish a river without the owners consent for exactly the same reasons I cannot decide to have a days shooting on your front lawn. It is nothing to do with stocking and everything to do with property law.You should pay because the club which rents the water pays- and usually does a lot more than just pay the rent.Legal consequences- civil- trespassing ,will be asked to leave and if you refuse may be criminal consequence of conduct likely to cause a breach of the peace.If you are a persistent trespasser may have court injunction granted against you (failure to comply has criminal consequences).Poaching is a criminal offence too.


So my advice is - buy a bloody ticket !
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Old 03-05-2011, 06:56 AM
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Default Re: How did we get to this situation?

Quote:
Originally Posted by grayson View Post
You cant fish a river without the owners consent for exactly the same reasons I cannot decide to have a days shooting on your front lawn. It is nothing to do with stocking and everything to do with property law.You should pay because the club which rents the water pays- and usually does a lot more than just pay the rent.Legal consequences- civil- trespassing ,will be asked to leave and if you refuse may be criminal consequence of conduct likely to cause a breach of the peace.If you are a persistent trespasser may have court injunction granted against you (failure to comply has criminal consequences).Poaching is a criminal offence too.


So my advice is - buy a bloody ticket !
Yes I understand fully the implications of trespass/clubs paying landowners etc. However if the river has a public access what is the situation then?
What constitutes poaching?
How does the 'right to roam' effect the access?
As for your reply to 'buy a bloody ticket' Whats all that aggression about?
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Old 03-05-2011, 07:05 AM
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Default Re: How did we get to this situation?

Quote:
Originally Posted by grayson View Post
You cant fish a river without the owners consent for exactly the same reasons I cannot decide to have a days shooting on your front lawn. It is nothing to do with stocking and everything to do with property law.You should pay because the club which rents the water pays- and usually does a lot more than just pay the rent.Legal consequences- civil- trespassing ,will be asked to leave and if you refuse may be criminal consequence of conduct likely to cause a breach of the peace.If you are a persistent trespasser may have court injunction granted against you (failure to comply has criminal consequences).Poaching is a criminal offence too.


So my advice is - buy a bloody ticket !
Grayson,...You didn't even answer a newbie's perfectly reasonable question.
Is all water "owned"?,.....Are there places where fishing rights are not reserved for the fortunate?,.....Is there any where that you can fish free?
...I'm sure he will buy a "bloody" ticket when he learns the rules.
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Old 03-05-2011, 07:34 AM
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Default Re: How did we get to this situation?

Quote:
Originally Posted by grayson View Post
You cant fish a river without the owners consent for exactly the same reasons I cannot decide to have a days shooting on your front lawn. It is nothing to do with stocking and everything to do with property law.You should pay because the club which rents the water pays- and usually does a lot more than just pay the rent.Legal consequences- civil- trespassing ,will be asked to leave and if you refuse may be criminal consequence of conduct likely to cause a breach of the peace.If you are a persistent trespasser may have court injunction granted against you (failure to comply has criminal consequences).Poaching is a criminal offence too.


So my advice is - buy a bloody ticket !
Its getting to be so hard on this forum for anybody to ask a civil question without running the risk of the tweed hat brigade jumping down their throat "Buy a bloody ticket" whats all that about ???
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Old 03-05-2011, 07:38 AM
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Default Re: How did we get to this situation?

There are some streches of rivers and some lakes in the lake district that the public can fish for free.

BK
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Old 03-05-2011, 07:56 AM
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Default Re: How did we get to this situation?

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Originally Posted by black knight View Post
There are some streches of rivers and some lakes in the lake district that the public can fish for free.

BK
Could you narrow that down for us mate?
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Old 03-05-2011, 08:22 AM
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Default Re: How did we get to this situation?

There are a great number of places in Scotland where the trout fishing really is free or the owners simply don't bother to enforce rights. This is not the case for sea trout and salmon on any fresh water that I know of.

In England even the free fishing (and there is some) requires a rod licence.

You have to remember that a right of access on property - for example a footpath - is just that. It does not allow you to shoot game on that footpath or pick raspberries or fish from it.
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Old 03-05-2011, 08:26 AM
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Default Re: How did we get to this situation?

Quote:
Originally Posted by frankthesurf View Post
Yes I understand fully the implications of trespass/clubs paying landowners etc. However if the river has a public access what is the situation then?
What constitutes poaching?
How does the 'right to roam' effect the access?
As for your reply to 'buy a bloody ticket' Whats all that aggression about?
Frank,

This has to be a troll, or you're 8 years old...
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Old 03-05-2011, 08:59 AM
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Default Re: How did we get to this situation?

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Originally Posted by rrw35 View Post
Frank,

This has to be a troll, or you're 8 years old...
Tweed Hat . . . . .
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