Hypothetical situation here :

How do you think it would be classed if I’m fishing my local river with a non-migratory rod licence, but I then unintentionally ( ie fishing with normal trout flies) hook up with a Salmon or Sea Trout that I want to keep.

( please note I normally C&R where I’m allowed to )

Not to be tapped on the shoulder on the walk back to the car, before I continue I get my internet enabled phone out and buy a 1 day ticket online, then continue fishing.

This isn’t about paying £70 or £26 but about at what point you need the cover of the migratory fish rod licence.

It will be classed as poaching.

"...at what point you need the cover of the migratory fish rod licence."

Before you start obviously.

What other licences are you in the habit of buying after the event?

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Your point is indicating that even if your fishing for non-migratory fish, you should have the full licence "just in case"

why would this be classed as poaching if your fishing with legit gear / tackle and licence for the intended quarry.

My point is, would this be an exploit if you then paid your due fees before taking the fish ?

An interesting question.

My own view is that by unintentionally catching the migratory fish you were OK as this would normally be returned unharmed. At the point that you chap it on the head you are committing an offence which is not then cancelled out by immediately buying the appropriate day rod licence. The nearest that you might have got to being legal was to make the phone call whilst playing the fish.

A lot also depends on how the law defines "in possession of" because even though you bought the licence on line I think that you actually have to be in possession of it to be totally legal. In that event, until you receive your licence through the post you are not actually legal although the EA gives you a licence number to quote between the time that you bought the licence on line and its arrival by post.

If it is the same definition used in the case of drugs or stolen property then this need not necessarily be on your person and there is a similar ongoing debate about whether you actually need to carry a Firearms or Shotgun Certificate to satisfy the legal requirement to be in possession of one when out shooting with a rifle or shotgun.

It would however take a very uncharitable bailiff to issue proceedings against you in practice in the very unlikely event that you meet one after catching the fish because, unless he catches you in the act, you will be able to quote a licence number and no one will know when you actually caught the fish.

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“There is no more lovely country than Monmouthshire in early spring. Nowhere do the larks sing quite so passionately, as if somehow inspired by the Welsh themselves. There is a blackbird on every thorn and a cock chaffinch, a twink as they call him there, on every bush...... It moved me profoundly. I had been spared to see another spring, and I thank God for it.”

Oliver Kite
“A Spring Day on the Usk”
A Fisherman’s Diary

You don't have to have the migratory licence "just in case". The issue is when you keep the fish.

If you accidentally catch a migratory species then it should immediately be returned. You are then within the letter of the law. If however you keep the fish then you are, like it or not, poaching. Buying a licence after the event is no defence.

Splitting Hairs!

Buy the licence before you go fishing; or put the Salmo-Salar back in the water; that's if your lucky enough to land it on a maximum trout fly hook of size 10, when fishing for trout on most rivers that's the largest hook allowed!

Rod licence at £70, is less than £6, a month, and EA, use the money to maintain the river systems and police the waterways, they do a lot of good work in the interests of anyone who use our rivers and waterways!

Of-course my opinion is purely hypothetical!

No, my point is the same as the one made by Bumps.

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Just for info I have a migratory rod licence, as the river I fish allow Salmon / Sea Trout to be kept ( within very specific dates ).

back on topic:
I suppose this comes down to specific time the rod licence would be valid for, the 1 day licence you dont get a paper copy, just the number, and that you could make valid within a few minutes.

then I suppose it comes down to the difference of keeping the fish alive in a net until the licence is obtained and being able to defend that decision against the authorities.

I just think that with todays technology showing the age of some of our laws etc .. its going to take a case to be followed through before we have clearer examples in the courts.

Whatever.



.

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so if you caught a salmon on your next trip out and never had the licence what would you do ?

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FTM

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