What are the rules relating to the above?

Eh ? A little more detail would help.

I'm assuming you mean if you don't have a permit.... Well, it's a civil offence rather than a criminal offence. Worst that can happen is a civil case being brought against you...

Norm

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"In the case of fishing for trout and other freshwater fish, the general rule is that fishing without permission is a civil rather than a criminal offence. However, unauthorised fishing can be made the subject of criminal proceedings under the Theft Act 1607, where any person removing fish from a stank - any artificial pond or reservoir which has been stocked and has neither inlet nor outlet - without authority is guilty of theft."

"The remaining exception from the general rule of fishing for freshwater fish without permission applies in those waters that flow into the Solway, except for the River Annan. In these rivers, the provisions of section 9 of the Solway Act 1804 make it an offence to fish for any fish without the permission of the landowner or occupier."

Scottish Government: Web page currently unavailable.

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Sandy
Carried it in full, then carry it out empty.

I'm thinking of the situation whereby someone fishes for brown trout on a river without a permit or permission from the beat owner.

Then it's a civil offence. Is the landowner going to persue you through the civil courts? Probably not but maybe....

Norm

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I was asked for advice by someone with the ownership of the salmon fishing rights where he stood with regard to someone trout fishing without his permission. I thought that the only scenario where it could be legal was if the owner of the land adjacent to the river had trout fishing rights and they'd given permission, but even then what constitutes "trout fishing" is somewhat of a grey area, I'd think.

If he has the salmon rights then he should have a charter from the Crown Estates detailing his rights. As the owner of the salmon rights he has the right to fish for brown trout if he wishes even if the brown trout rights belong to the landowner. The landowner may still have the right to issue permits for the brown trout but that should be in the charter. Contact the Crown Estates for confirmation of his charter.

The Crown Estate

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Sandy
Carried it in full, then carry it out empty.

its not a very grey area when a bailif catches you

as Fishtales says you need to establish who owns the fishing rights.

You've gotta be careful here because, without looking up the legal worditure, I'm sure all equipment used in the pursuit of angling without permission, including your car, can be seized if you fall foul of the law.

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