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Dear All,

A quote from a section in "Anglers Law" states;

Question;

"If a permit allows fishing from one bank only and someone else owns the rights on the other bank, can an angler fish the whole width of the river?

Answer;

Until recently it was thought that, strictly according to the law, an angler could only fish in his own half of the river, but there was usually a mutually acceptable arrangement between the owners of both banks that each could fish the whole width of the water, provided they did so from their own half of the river. A recent Scottish court ruling recognised this commonsensical approach and decided that henceforth it should apply generally in Scotland. However, its validity south of the Border has yet to be tested.

It sometimes happens that, in order to fish his own side of the river effectively, the angler has to wade out into the stream. If he inadvertently or deliberately, moved into the opposite fishery he could be committing a trespass, even though he was fishing his own water."

Attributed to R.I. Millichamp in his book "Anglers Law" in England and Wales.

In England and Wales, provided ones craft is licensed, fishing from boats, is legal on all tidal waters where no restrictions are imposed. Fishing from boats in none tidal rivers where permission has "NOT" been obtained from the fishery owner on either one or both banks depending on what side of the river a boat is fishing from, "COULD" be deemed as an offence under the 1968 Theft Act. It makes no difference that fish in rivers of both tidal and none tidal reaches are deemed wild fish belonging to no one, because the Act makes specific provision for anglers fishing "WITHOUT" permission. Those that fish from a boat without first obtaining the permission of the fishery owner before fishing commences are breaking existing law regarding fishery ownership.

If the angler "HAS" obtained permission to fish from a boat within the boundaries of the owners fishery and the boat is licensed then that angler has every legal right to do so.

Regarding the anchoring of boats in mid river BWB and the River Police has legal powers in force to remove an anchored boat if it is suspected it poses a safety threat to other navigating craft.

Most of the law relating to fishery ownership is subject to Common Law and as such is not contained in any Act of Parliament. Therefore the subject of fishing from boats is rarely challenged in the courts. But if an angling offence is deemed to have been committed via the unauthorised use of a boat, and if found guilty those convicted “COULD” face the forfeiture of tackle “and” implements used whilst carrying out the offence. And that includes the “boat”. So the only really safe option in none tidal water is to obtain permission from the fishery owner to fish from a boat first.

Regards,

Lee.