Hi Guys
After seeing a few recent posts on the forum.....lets just get it straight

There is NO FREE FISHING.....In England or Wales(Scotland.... sort yourselves out)

All fishing rights belong to someone and permission must be sought from the riparian rights owner (most times its the landowner ...but not always).

Even with 'town' water the riparian rights are usually held by the 'parish' who grant a waiver for the townsfolk.(so your even 'pushing it' if you don't live in the parish.

Now we all know these are archaic laws......but as an angler its YOUR responsibility to know the law.

So all the talk of 'free' is a misnomer.......know that.... and accept you MAY be trespassing and or poaching when you next go 'off piste'

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Two things to have in life - A good bed and a good pair of boots -and if you aren't in one you should be in t'other

surely when the riparian owner chooses not to charge for fishing its..er .free

A good point to note is that if you also enjoy shooting as well as fishing, being charged with poaching(even if it is fish) will likely have an effect when your guns are up for renewal



BTW, Hello everyone!

Good point as what you say is correct no free fishing in England!

Trespass is a civil offence under common law, however to be pursued in the courts for trespass you have to have been made aware that you are trespassing and then refuse to leave. This can, and is often done by signage. If no signage to say private fishing then action cannot be taken against you until someone tells you to leave, if you refuse then the owner or legal occupier of the land can take civil action to have you removed and can and may take legal action to recover any losses incurred by your trespass. Trespass is not a criminal offence but a civil matter between two parties.

If you have to overcome a physical barrier (such as a fence or wall )to access the land or river to fish then you cold be charged with breaking and entering which is a criminal offence.

Poaching for fish is a criminal offence under the Theft Act 1968, it is an offence to take or destroy – or attempt to do so – any fish in water which is private property or in which there is a private right of fishery. This includes all species of fish. Any person may arrest someone found committing the offence if they are fishing by any method at night or by any other method than rod and line during the daytime. Items used for taking or destroying fish can be seized.

From the above points of Law therefore it can be seen that provided you have open access to the fishing, it is not sign to restrict use, and you fish in the day time practising catch and release then it would be very difficult for anyone to be successful in taking any legal action against you, however this does not make it right or a legal act.

I do fish regularly on a number of so called "free fishing" stretches near to where I live, if I could find out who owned the fishing rights (and believe me myself and my club have tried to find out who the legal holders of the fishing rights are) I would ask permission and be willing to pay for the permission to fish them. However as the owners appear not to realise that they own the fishing rights it is unlikely that they will ask me not to fish there but if they do I shall make my apologies and leave forthwith.

Cheers

Mick

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"There's only one way of life, and that's your own, that's your own, that's your own" The Levellers.

Apart from the obvious if you dont pay for it its free, this is a good point. I know several streches of water where rumer/general opinion says its free fishing but in truth I have no idea who has the fishing rights.

Isnt this not a case of semantics in some cases though? I know of several places where it is part of the local constitution that fishing in the centre is free to all.

I am sure you are technically correct, but there are plenty of very strange archaic laws that would never be applied today.

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Around the steel no tortur'd worm shall twine,
No blood of living insect stain my line;
Let me, less cruel, cast feather'd hook,
With pliant rod athwart the pebbled brook,
Silent along the mazy margin stray,
And with fur-wrought fly delude the prey

Yep, there are some odd fishing laws. If someone acquires a field by right of common usage--- the owner has not contested the usage by another person for a specified time --- while the owner may lose the field to the said person, he does not lose his riparian rights, if there is a river running through the property.
Another odd one, if you hit a pheasant with your car, you mustn't pick it up - as you could be in trouble; but you may pick one up if it has been hit by someone else, so I have been told. Also, if you hit a deer, apparently you can pick it up and put it in the boot, without probs, again, so I was once informed by a keen shot. TC

How does it work down South with navigable waterways ? There are waters in Scotland where no permit is required for the reason that the water is as above.

And, while we're " at it " I hope this isn't just a " sour grapes " post because we don't have to buy rod licenses.

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Tight Lines. :)

Thank god I live in Scotland no tresspass laws and a lot of free fishing.

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Warning Retiree knows it all and has plenty of time to tell you about it.

being as it is trout i presume your after ,does it not make what your doing "in pursuit of game with intent" ?????? another prosecutable offence ......like when you run a pheasant over the man behind you can stop and pick it up but you can not ..

so when your fishing "illegaly" does that not put you in a position of "intent"..as your the only one to get the fish ???

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WHEN YOU LEAVE THE RIVER, TAKE NOTHING, AND LEAVE ONLY FOOTPRINT'S!!!

THA CAN TELL A YORKSHIREMAN ,BUT THA CAN'T TELL HIM MUCH !!