Magna Carta - Rights to Fish the Foreshore

[Island Man]

My name is Andy Strangeway, aka Island Man, my hobby is sleeping on uninhabited Scottish islands. www.island-man.co.uk I have slept on 168 Scottish islands. My knowledge of access rights in Scotland is extensive www.scottishislandsaccessrights.co.uk But not so in England.

 

I am currently attempting to get permission to sleep on an island in England but the Land Manager, a small conservation charity, is refusing to give me permission stating "unnecessary and unacceptable levels of risk" but refuse to explain what these are!!

 

I may be able to take this up with the Land Owner and/or take it up with the media. But before I do that I need to understand certain information hence my posting.

 

Magna Carta - Rights to Fish the Foreshore

 

Can anyone inform me more about this?

 

Can anyone give me a link to this law?

 

Does anyone know a different way around this?

[Leon Roskilly]

There's a translation of the Magna Carta at:

 

http://www.bl.uk/treasures/magnacarta/tran...n/mc_trans.html

 

It's not that long a document.

[Island Man]

There's a translation of the Magna Carta at:

 

http://www.bl.uk/treasures/magnacarta/tran...n/mc_trans.html

 

It's not that long a document.

 

Cheers for that Leon.

 

It appears to be a dead end.

 

Is anyone aware if there is any right to fish and/or gather bait from the foreshore around England?

[Leon Roskilly]

Is anyone aware if there is any right to fish and/or gather bait from the foreshore around England?

 

 

The 'right to fish' and carry out ancillary tasks to fishing, such as bait digging actually pre-dates Magna Carta and is founded in earlier Byzantine legal rights.

 

Before Magna Carta, Barons etc discovered a nice little earner for themselves and their cronies in privatising what had been traditional common rights, by creating private fisheries (many of which still exist today).

 

My understanding is that what Magna Carta achieved was to block the setting up of any further private fisheries, thus enshrining the right of common access for the purpose of fishing between the high and low water marks.

 

However to access that right from across land, you have to have access across land, and if the landowner doesn't allow such access, you are physically unable to exercise that right.

 

And that right is not absolute for all time, but can be amended by subsequent legislation.

 

eg byelaws can be made to protect wildlife by banning or restricting access for the purpose of bait-digging.

 

So, you need a qualified legal mind to study any particular circumstance to determine exactly what you can and can't do, where there is a problem regarding right of access.

[chesters1]

not sure the magna carta is of any use ,most was repealed and in essence it applied only to freemen who now ofcourse in the literal sense no longer exist.

its mouldy old rules we once had but in the most are nothing more than lines on a bit of skin

http://en.wikipedia.org/wiki/Magna_Carta

if you have freedom of a city then you may have some rights, in law the masses have very few rights at all .long gone is the right to having a home the government can buy it in an instant so even your castle is gone

Edited February 16, 2010 by chesters1

[Steve Walker]

a small conservation charity, is refusing to give me permission stating "unnecessary and unacceptable levels of risk" but refuse to explain what these are!!

 

Health & Safety - it's either that or the data protection act when an excuse is required. It's the modern version of

 

"Sorry mate, no wheelchairs, fire regulations innit"

[Island Man]

Cheers for the feedback.

 

What I intend to do I would “arrive” from the sea. So I would not cross anyone’s land. Also where I intend to go there is no wildlife. “They” have already gone down that route!!

 

My idea is that under the right to gather bait and/or fish the foreshore I could spend the night on the island. As the foreshore is between low and high Spring tide on around 21st June the high tide would be lower thus giving me a bit of land to sleep on. I would have support of diving buddies in dry suits!

 

I just need to find out if such a right exists.

[Leon Roskilly]

I just need to find out if such a right exists.

 

 

Have a read at:

 

http://www.ukmarinesac.org.uk/activities/b...ion/bc5_0_1.htm

[david t]

Hello Island Man

 

Firstly, I envy you for having visited 160 odd scottish islands, I would very much like to do a similar thing.

 

Can I ask, how do you get to these islands? Is it with a sea kayak or something?

 

I would particularly like to get to Jura this summer, spend a week or two there, then move on. Do you know of the cheapest ways or have any tips on cheaply visiting these Islands?

 

Im volunteering for the RSPB in April on Rathlin, the Northern Irish Island for a month, then for a wildlife trust on the Scillies for a month in July. Im trying to sort out some volunteering on Islay in between these, which would then allow me to hop over to Jura for a week hopefully.

 

Cheers

Dave

[Island Man]

Have a read at:

 

http://www.ukmarinesac.org.uk/activities/b...ion/bc5_0_1.htm

 

Thank you for that Leon. It certainly gives me routes to investigate.

 

Once I have "investagated" I will report back.