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Old 28-06-2011, 08:23 AM
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Default Hang on a minute...

I've been out on a couple of local rivers lately and stayed later into the evenings, often up to and passed dusk fishing for brown trout and grayling. I've been using smallish flies, wet and dry with some success. Last time out I noticed shadows chasing fry, so I popped a small zonker on. After a while I realised I was actually chasing sea trout. I never take wild fish unless they are damaged beyond recovery, so it was unlikely I'd be caught in possession of one; but it suddenly dawned on me my licence was not for migratory fish. I'm aware of this now, but how much of this goes on intentionally? At what point is a flyfisherman perceived to be actively pursuing sea trout? I can imagine that the salmon angler is fairly obvious from the type of gear he's using, but unless an angler actually has one in his bag, who's to say he's not just fishing for non-migratory species under the cheaper licence?
Or have I missed something here?
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Old 28-06-2011, 08:41 AM
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Default Re: Hang on a minute...

Not sure at what point after sunset the EA would change there opinion on this but I had an EA bailiff walk over just as I hooked a fish that turned out to be a small sea Trout of around 1/1/2 lb on a size 10 Alexander (Early evening around 5pm) and I got a bit panicky and said "Oh God I only have a Course/ non migratory licence mate am I going to Jail" but he just smiled and said he could see I wasn’t going after them intentionally checked my licence and moved on
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Old 28-06-2011, 09:10 AM
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Default Re: Hang on a minute...

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Originally Posted by allanw View Post
he could see I wasn’t going after them intentionally checked my licence and moved on
Thanks Allan. My point is, had he been bloody minded you could have ended up with a fine or banned from the water. If you'd been using a sink tip and a Butcher would he have re-acted differently? Could you have played the innocent card and pleaded ignorance? It all seems a bit subjective to me and dependant on a bailiffs' frame of mind at the time. To be honest, any river that has a sea trout run is a potential mine field. I've got enough to worry about at the minute (bush trout, splashy casts, where's me net) without having this in the back of my mind.
I'm facing up to paying the full licence fee next season to be on the safe side. And then there's all that Salmon gear
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Old 28-06-2011, 12:45 PM
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Default Re: Hang on a minute...

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Thanks Allan. My point is, had he been bloody minded you could have ended up with a fine or banned from the water. If you'd been using a sink tip and a Butcher would he have re-acted differently? Could you have played the innocent card and pleaded ignorance? It all seems a bit subjective to me and dependant on a bailiffs' frame of mind at the time. To be honest, any river that has a sea trout run is a potential mine field. I've got enough to worry about at the minute (bush trout, splashy casts, where's me net) without having this in the back of my mind.
I'm facing up to paying the full licence fee next season to be on the safe side. And then there's all that Salmon gear
Most Prosecutions by the EA are for Pollution / no licence and Salmon/Sea trout poaching with nets and spear gun (check out the web site ). But if you are genuinely spotting a Sea Trout or Salmon and making a mental choice to target these fish then a full Migratory licence is the best way of not having any sleepless nights
Environment Agency - Prosecutions
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Old 28-06-2011, 02:58 PM
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Default Re: Hang on a minute...

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Originally Posted by brifly View Post
Thanks Allan. My point is, had he been bloody minded you could have ended up with a fine or banned from the water. If you'd been using a sink tip and a Butcher would he have re-acted differently? Could you have played the innocent card and pleaded ignorance? It all seems a bit subjective to me and dependant on a bailiffs' frame of mind at the time. To be honest, any river that has a sea trout run is a potential mine field. I've got enough to worry about at the minute (bush trout, splashy casts, where's me net) without having this in the back of my mind.
I'm facing up to paying the full licence fee next season to be on the safe side. And then there's all that Salmon gear
It is only the act of taking salmon/sea trout that is the offence (i.e. knocking them on the head), you can catch and release by accident as many as you like and bailiff can do ****** all about it.
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Old 28-06-2011, 03:05 PM
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Default Re: Hang on a minute...

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It is only the act of taking salmon/sea trout that is the offence (i.e. knocking them on the head), you can catch and release by accident as many as you like and bailiff can do ****** all about it.
Really? I didn't know that! But what if you were using a spinning rod?? Ah, would C & R be permisable ??
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Old 28-06-2011, 03:28 PM
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Default Re: Hang on a minute...

Mostyn I'd caution you to double check that - bear in mind its from a poster who lives in Ayreshire and doesn't have to buy a lisence...
I was under the impression that if you are fishing known beats for migratories with terminal tackle which is viable to catch them, then you need the migratory lisence.... but there I've already started guessing so I'd check it out.

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Old 28-06-2011, 03:39 PM
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Default Re: Hang on a minute...

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Mostyn I'd caution you to double check that - bear in mind its from a poster who lives in Ayreshire and doesn't have to buy a lisence...
I was under the impression that if you are fishing known beats for migratories with terminal tackle which is viable to catch them, then you need the migratory lisence.... but there I've already started guessing so I'd check it out.

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Hi Bri,

I don't think we'd get away with it in the south of the UK? I'm just a trout angler; and I love it! I'll leave the Salmon and Sea Trout for others.
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Old 28-06-2011, 03:45 PM
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Default Re: Hang on a minute...

It's an interesting point, though. For instance, where would I stand if were to take my 5/6ish weight switch rod (as yet unpurchased ) to the middle Wye in search of barbel on a nymph or small heavy streamer rig, and no interest in migratory fish at all?

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Old 28-06-2011, 04:12 PM
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Default Re: Hang on a minute...

I'd suggest you'd get done for that theo, even though you meant fair play.

When I started off, I used to get cautioned about fishing a stretch of river which had sea trout without the right permit as just fishing it meant I was potentially going to catch them. Don't know if that's how the EA would interpret it, but that's what I was told by Pete Cockwill I think...

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