Re: Wading during spawning
Legally it is an offence against the Salmon and Freshwater Fish Act to wilfully disturb spawning fish, fish spawn or areas where there might be spawning fish or fish spawn.
The key word is wilfully, you have to wade in the knowledge that there may be spawning fish or fish spawn where you are wading.
My club committee debated this issue last night as we have excellent grayling fishing on the Welsh Dee but a lot of the water is a potential salmon and sea trout spawning area.
We decided that we would indicate known redd areas with markers on the bank, issue advice to members that wading in these areas would potentially disturb spawning fish or redds between November and January, and that any member reported for wading might open themselves up to prosecution under SAFFA. The placing of the markers and the issuing of the advice makes any subsequent wading in those ares wilfull if it disturbs fish but for a successful prosecution the angler would have to be identified, the presence of spawning fish or fish spawn proven and also there would have to be proof that the act was wilfull. We stopped short of actually banning wading preferring to let the members make an informed decision on the day.
That's the legal position, good practice suggests that anglers should be careful wading in fish spawning areas no matter what the species or advice as the idea is to avoid disturbing fish as much as it is to avoid being caught breaking the law.
Many overlook the fact that SAFFA applies equally to all fish species, not just migratory fish or trout, it is equally illegal to disturb spawning minnows whilst salmon or trout fishing.
__________________
“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
Last edited by sewinbasher; 18-10-2011 at 07:52 AM.
|