
22-06-2009, 10:48 PM
|
|
|
|
Join Date: Jun 2008
Location: Near Glasgow
Posts: 2,376
|
|
Hate to be a kill joy but it may be worth checking the permit situation for the river as you aren't allowed to fish Sea pools on a lot of rivers without the signed permission of the owner in fact you are not supposed to fish within 1 mile of mean low water springs. Legally that is.
Quote:
http://www.flyfish-scotland.com/scotslaw.htm
" Salmon
Definition
Section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 defines salmon as:
"Salmon" includes all migratory fish of the species Salmo salar and Salmo trutta and commonly known as salmon and sea trout respectively or any part of any such fish"
Ownership of and access to salmon fishing
Ownership
Until captured, salmon are wild animals. Once captured, the salmon belongs at common law to the captor. However, numerous statutes forbidding the taking of salmon without right or written permission, and forfeitures imposed by statute, have made possession of salmon safe only where they have been taken by lawful means. Nevertheless, the basic position is that it is not the salmon but the right to fish for them that is owned.
Thus, nobody may fish for salmon in rivers or estuaries or in the sea within territorial limits without permission of the Crown or the party vested in the Crown rights. In many cases in rivers, estuaries and in the sea, the rights have been granted to private individuals, companies, local authorities and others. Salmon fishing rights are heritable titles and may be held separately from ownership of the land or may have been given along with ownership of the land. Where the right is held separately from the land, the proprietor of the right has an implied right of access for the purpose of exercising his right to fish for salmon. The fishing right must be exercised in such a way that it causes the least prejudice to the rights of the riparian owner.
The right to fish for salmon carries with it the inferior right to fish for trout but this right must not be exercised in a way that will interfere with the rights of the riparian owner.
Access
Section 1 of the 1951 Act (as amended by the Salmon Act 1986) states:
"1. If any person without legal right, or without written permission from a person having such right, fishes for or takes salmon in any waters including any part of the sea within one mile of mean low water springs, he shall be guilty of an offence ......"
Thus, access to salmon fishing is available only to the owner of a salmon fishery or with the express, written permission of the owner. The owner may attach conditions to the permission, such as method, location, times available etc. The owner may not, however, give permission to do anything that is unlawful. No rod licence is required.
Access to rod fisheries for those without right is thus by private agreement with the owner. Access is widely available throughout Scotland but costs involved depend on a number of factors, including catch expectations, whether accommodation is attached, whether a ghillie is provided and so on. "
|
The statutes relating to Salmon / Sea trout and migratory fish can be read in full at :-
http://opsi.gov.uk/legislation/scotl..._20030015_en_1
Wouldn't like to see anyone without a permit lose their car.
If you have a permit please ignore this in full. 
__________________
Tight Lines. :)
|