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 Ramsknackers |
Fishing rights and boats |
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Posts: 70 (17/07/08 17:38) |
I have recently bought a boat to explore a bit more and find some "unfished" stretches of my local river.
What I need to know is if a club/society have a rights to the banks to fish from or the water to fish in? Thanks, Rams. |
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Andy Thatcher |
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Posts: 6373 (17/07/08 17:47) |
I really want to say that you can fish from the boat but I can't be sure.
There was a thread about this years ago. Mr Walker are you out there ? I remember you instigated it. It is certain to be in the archives somewhere.
Cheers
Andy |
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thisisjohn |
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Posts: 8021 (17/07/08 18:01) |
Hi Andy,hope things are good for you and yours across the water mate
 Rams unless you have permission to tie up the banks are taboo if you are fishing too, that is unless your in the middle of nowhere and folks wont know
your there legally wrong, morally wrong but we all cheat at
times , the owner of the fishing rights own the river bank to midstream
thus if they have the rights on both banks they own the rights across the riverbed, it may be a little difficult to say the least to prosecute you for damage by you dropping your hook (anchor) in the water as proof would be needed in court, however unless your a very capable person being in a boat and fishing where you shouldnt be could prove to be a vulnerable position for you, ie a few heavy rocks hitting the boat ect, on other hand he would have to be a real fit guy to chase you until you stopped the boat , usually you,ll get a stiff telling off and as long as you dont argue and move
off pronto it will usually be the end of it,
the moral is go where few go, explore and live dangerous  ....j.w
Last Edited By: thisisjohn
17/07/08 18:35.
Edited 1 times.
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 tony2canes |
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Posts: 2225 (17/07/08 18:31) |
Pe..... er Rams,
I assume your thinking of the Trent,...... I did it a few years ago. There are a few spots to try but generally the fishing rights to the water is let so even if on a boat you need a ticket. You also need a BW licence and insurance to get it. Not so on the tidal though, no licence and you can fish anywhere as the land below mean high water has different legal status. |
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Ramsknackers |
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Posts: 71 (17/07/08 19:21) |
Hi guys well when I say boat it's more a hard bottomed dingy that I can inflate/deflate and stores in a holdall in my car boot.
I have seen people in little fishing boats chug up and down and just weigh anchor where ever they like and start fishing so thought if you can't beat em.... I just thought I'd ask before setting sail to see where I stood. Obviously dont want to be treading on anyone's toes. |
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Joelk2K6 |
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Posts: 49 (17/07/08 19:43) |
I have been led to believe fishing clubs only own the fishing rights from the bank so providing your not on the bank you should be ok. You will of course need
permission from the people who own the section of river.
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tony2canes |
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Posts: 2226 (17/07/08 20:01) |
"I have been led to believe fishing clubs only own the fishing rights from the bank"
Sorry but that is wrong........ Fishing clubs generally own the fishing rights..... period. Rams, you only dont need a BW licence if its a rower, or if it is a "tender" to a licensed boat, the latter are mostly the ones you see without BW numbers on the side.
Last Edited By: tony2canes
17/07/08 20:04.
Edited 1 times.
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Joelk2K6 |
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Posts: 50 (17/07/08 20:56) |
tony2canes wrote: Tony, I cant prove im right, can you show me something in writing (webpage) please. Genuinely interested to know this as in the past I have never had any
problems fishing from my boat even when found by the local bailiff.
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tony2canes |
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Posts: 2227 (17/07/08 22:25) |
No, cant show you a web page, its not that easy. But I am only talking middle Trent as thats where Rams is on about.
Barnsley AAA, Notts Piscs, Notts AA etc etc all hold the fishing rights. I have an e mail somewhere from about 6 years ago that confirmed it is so from the fisheries bloke at B Waterways and I have personal knowledge about Barnsley. Generally the land owner has riparian rights over the water to half way, this includes fishing rights, whether the land owner chooses to let those rights to a club or just not bother is another thing. Its not the same on the tidal, Collingham will for example only have the right to the bank. You could drop a mud weight 5 yrds off peg 1a and not pay your fiver if you wished. I used to see lots of pike lads in boats in the weir though I heard that BW were going to stop them on safety grounds, dont know if they ever did. There are of course spots on the middle river where its BW controlled land, you can moor there and fish. Feel free not to believe me.
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Last Edited By: tony2canes
17/07/08 22:38.
Edited 2 times.
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georgew77 |
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Posts: 26 (17/07/08 23:17) |
My understanding is if the waterway requires a BW licence then your entitled to fish from your boat as long as one of 3 criteria apply
1. no bank fishing rights on either bank 2. only fishing rights on one bank 3. fishing rights on both bank but rules for both banks (they may be different clubs) do not explicitly exclude fishing from boats, or boats which do not belong to members Exceptions to this rules (and of course there are some) 1. the waterway is a recognised navigation 2. the waterway is tidal 3. the waterway or landowner has been granted permission to the BCU - which then you must be a member and fish from an un-powered craft If any of the exceptions are met you can fish irrespective of the bank rights, if someone tries to stop you, your entitled to call the police and press whichever charges suit. If you have a water craft it needs the appropriate BW licence, tender or not - tenders are covered on some waterways by the parent craft but that must be licensed you cant just claim you have one if stopped. @tony2canes interestingly landowners sell or lease 'fishing rights' to clubs however they are not technically entitled to do so, they own the land and the riverbed but have no legal standing to the water or anything contained within so they are offering you the permission to use their land and nothing else - that land just happens to be a riverbank and bed thus the exceptions I stated exist. John. |
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whiskerton |
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Posts: 388 (17/07/08 23:37) |
Ramsknackers wrote: I'd be careful on the tidal mate.If you do decide to risk it you can launch at dunham bridge.
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Titus Aducas |
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Posts: 1636 (17/07/08 23:47) |
I thought fishing rights were like mineral rights and a commodity to be traded.
Although I own the freehold to my home and the land it stands on I don't own the mineral rights so if someone found oil under my house they could pump it away without paying me a penny. By the same token a couple of the clubs I am a member of own the fishing rights on certain waters but do not own the land they sit on so they can say who fishes them but cannot control access to the bank, in reality though right of access is usually bundled in with fishing rights. While on the subject of fishing rights and rights of access it may interest some of you to know that a canoe club recently applied for and was given a grant from the EA to help them buy the land on both sides of Symonds Yat rapids on the Wye, they also bought the fishing rights. In effect anglers money was used to prevent anglers from ever getting access to this piece of river which is actually a fast run down the side of a gravel island and is more than likely a spawning site for that part of the river. |
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Belachan |
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Posts: 62 (17/07/08 23:52) |
I'd be careful to check who leases/owns the fishing rights on the water/s you are thinking of fishing.
You could face prosecution under the 1968 Theft Act, whereby poaching (the theft of fishing rights) is legally deemed a prosecutable offence. Regards Mark |
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tony2canes |
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Posts: 2228 (17/07/08 23:53) |
I go with you on most of that John but not all, my advice from BW differs slightly especially in relation to the navigation bit, some contradictions in there
too, and I did study riparian rights at uni,
you are right when you say the water itself isnt owned though the rights to the fish are as they pass through, pretty much as a pheasant is whilst its in a farmers field and that changes as it wanders next door. |
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Trammels |
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Posts: 94 (18/07/08 08:51) |
A couple of quick points.
(1) You do not have to own the river bank to own the fishing rights, they are a commodity in their own right which can be bought sold leased etc. Likewise owning the river bank does not automatically give you the rights to fish from them. (2) It is not always true that you can fish tidal waters without permission, this is only the case where the river bed is Crown property. There are a few estuaries where the river bed is not Crown property but is in private ownership. Where this is the case the fishing rights are retained by the land owner. Interestingly where this occurs in theory there are not automatic natigational rights. |
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spiros |
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Posts: 927 (18/07/08 12:56) |
Trammels wrote: Trammels,
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whiskerton |
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Posts: 389 (18/07/08 13:22) |
Titus Aducas wrote: The canoe club in question also claimed that they were purchasing the rapids"...To prevent them from being dredged and levelled to improve the
fishing..."These people have in general,declared war on the fishing fraternity.
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sneakypeter |
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Posts: 489 (18/07/08 21:53) |
On a navigatable river, ie, the Thames, you can fish anywhere you choose, provided you do not tie up to a bank, and anchor 1mtr+ from the bank, and do not
hinder navigation of other vessels. Common sense really, on non navigatable rivers, the rules will be very different, you need to check out the local rules
first.
peter |
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Trammels |
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Posts: 95 (19/07/08 10:12) |
spiros wrote: Christchurch Harbour is one of these oddities where the Crown don't own the bed despite it being tidal, it is actually owned by Bournemouth and West
Hants Water hence why you can't fish for free in the Harbour or the tidal sections of the Stour and Avon (inc. the Royalty)
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Trammels |
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Posts: 96 (19/07/08 10:15) |
sneakypeter wrote: A river being navigatable does not automatically give the right to free fishing from a boat for the reasons stated above. |
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Ramsknackers |
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Posts: 72 (24/07/08 21:15) |
Hi guys and thanks for the replies I've been away for a few days that's why I haven't replied.
To clear one or two things up I will be using it on the Trent (as well as a little stillwater piking in the winter) but NOT the tidal, I'm not mad. The area I plan to use it I have never seen a bailiff or are there any signs saying that it is controlled by any club. But I just wanted to check as to how I stood as to using a boat. To be honest it does still seam to be a grey area due to the somewhat conflicting replies the subject has had. Don't worry Tony I Don't plan on rowing that far downriver, I'd have a coronary! I'll keep preying and begging for an invite and thanks for not letting on what my name is.
Cheers, Pete.....DOH! |
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