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Old 21-01-2012, 09:13 AM
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Default Confusion

Hi folks, with the rivers in Scotland, opening one by one for salmon and sea trout over the coming weeks, I have a query.

A small burn I fish, that is a free water to which no one owns the rights gets a small trickle of sea trout.

At which point am I able to fish this for sea trout?

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Old 21-01-2012, 09:33 AM
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Default Re: Confusion

For salmon and sea trout the landowners own the rights unless they have been sold to someone else and you need written permission or you are breaking the law. Failing that it is down to the Crown estates. Brown trout are different in that you need written permission from the landowner on whose land the water is but fishing without permission comes under civil law and not criminal law. When you can fish for salmon or sea trout depends on the dates set by the salmon fishery board for the area in question. Fishing for them outside of these dates is also a criminal offence.
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Old 21-01-2012, 09:59 AM
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Default Re: Confusion

Have to agree with the above if there is salmon and sea trout in the burn no matter the size there will be someone somewhere owns the fishing rights to them, i would start by asking the land owner farmer he can only say no, t6here may be a local club. Our local waters are quite small with a small number of salmon and sea trout and you would be amazed how may people think they can just walk on and start fishing.
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Old 21-01-2012, 10:13 AM
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I have been fishing this burn for the last 3 seasons and am on first name terms with the owner (local farmer). Who I originally approached about fishing it for brownies, its only by accidentally catching sea trout I know they are there.
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Old 21-01-2012, 11:32 AM
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Default Re: Confusion

If he has the migratory rights then you are fine as long as you have his permission in writing. Get caught with a migratory fish on you by the police without it and you could be charged with poaching under the law.
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Old 21-01-2012, 12:47 PM
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Default Re: Confusion

Go up with a bottle of whisky or the likes or a fry of trout and discuss it with him and find out who has the migratory fishing rights
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Old 21-01-2012, 01:53 PM
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Default Re: Confusion

the river that the burn flows into will most likely be the same migratory rights, ie. a permit for the main river may cover tributaries,

i'd be discreet about checking this out, all you need is permission from whoever owns the migratory rights, and it sounds like they might not exploit them currently, if ever.
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