Human Cormorants?

[Guest Keith]

Originally posted by trent.barbeler:

Only if the angler refuses to leave when asked by the fishery owner/tennant does he/she become deemed as unlawfully fishing whereby the provisions of the Theft Act apply.

 

Eh?

 

In other words, a poacher isn't even legally poaching until they're caught in the act and told to stop?

 

That's all a bit "zen", isn't it?

 

Hardly a massive discouragement either...

 

 

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Keith

 

Blyth,

Northumberland

 

mailto:keith@go-fishing.co.ukkeith@go-fishing.co.uk

http://www.wacac.co.uk

 

[This message has been edited by Keith (edited 26 June 2001).]

[Guest davidP]

Part of the problem is that 'back home' it's what they did. Many countries eat freshwater fish, in fact I'd go so far as to say that Britain is the exception rather than the rule when it comes to this as we eat almost exclusively sea fish. Unless it's explained to them they won't stop because they don't know any better. Once told then I'd still suspect that it'll carry on, albeit on smaller scale perhaps, because it's a tradition. Poles traditionally eat carp for Christmas dinner so guard your waters around December time!

 

I actually came across a slight variation of this. I previously lived in Telford which has a lot of japanese companies and hence a lot of japanese executives live in the area. One of my junior anglers was fishing his local lake and was having a good day catching quality roach of about 1.5lb and tench averaging about 5lb. A japanese couple passing by askedto see what he was catching and when he showed them they asked if they could buy the fish from him because they wanted fresh fish and weren't happy buying from a supermarket because in their opinion it wasn't fresh enough. Their offer got up to 12 quid for just 1 roach and more for the tench which is a lot of money to a kid. Fortunately this particular junior didn't give in to the temptation.

 

[This message has been edited by davidP (edited 26 June 2001).]

[Guest Newt]

I'd go so far as to say the UK attitude towards coarse fish is pretty much unique. Fishing for the table is much more common.

 

I've been surprised with this thread as I'd assumed that the C&R was some sort of law over there. Odd to find that it is a custom instead - except for private fisheries where the owner makes the rules and will go along with custom to keep angler's coming.

 

The following may not sit to well with some but here goes anyway.

 

On your "public" waters, I'd say that your only real shot at controlling the taking of coarse fish would be by regulation limiting the take by total number and probably by size. I doubt you could really justify a total bann on taking coarse fish. The size thing should probably forbid taking fish above a certain size - set at a reasonable size by species. The number limit would take a bit of study as the intention would be to maintain self-sustaining fisheries and the "limits" would depend on fish stocks and the number of anglers.

 

We have several species of fish (sunfish come immediately to mind) that will overpopulate a water quickly if there are neither a large number of predators or anglers keeping their numbers in check. My wife and I do C&R for the sunfish but this is because we don't want them to eat and don't have neighbors who want them either. I only keep some if I need live bait. We would probably be improving the fishing if we kept all we caught as there are way too many tiddlers around. From what I read here - especially in some of the match threads - it sounds like you have the same situation with several species in some waters.

[Guest poledark]

We used to have Statuary size limits printed on the fishing licence. Whatever happened to them? Does this mean that "we" can kill fish of any size?

As an old boy I lived with size limits and have only just realised that they are apparently no longer enforced. Am I right?

poledark

[Guest Steve Burke]

Steve burke

Originally posted by Keith:

 Eh?

 

In other words, a poacher isn't even legally poaching until they're caught in the act and told to stop?

 

That's all a bit "zen", isn't it?    

 

Hardly a massive discouragement either...

 

 

Firstly, there's a difference in law between private and public fisheries. For instance, with the odd exception, all tidal waters count as public and anyone can fish them from a boat, although they may be breaking the law if they cross private property to launch it. The same applies if they fish from the bank. This right to fish tidal waters goes back almost 800 years to the Magna Carta.

 

Certainly at my lakes at Wingham if I catch anyone fishing without my permission I can have them prosecuted under the Theft Act. Note that I don't have to first ask them to leave, nor must they have caught anything. Instead it's the "intent" that determines whether or not they've broken the law.

 

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Wingham Fisheries

http://www.anglersnet.co.uk/fisheries/wingham.htm

[Guest trent.barbeler]

Steve,

 

To clarify,

 

What I reffered to were instances in anglers law where the offender HAD permission to fish.

i.e. Fishing club membership and the taking/killing of fish whereby a breech of contract with such a club may arrise from breaking fishing clubs codes or rules.

 

However, fishing without a permit or whilst NOT having the permission of the fishery owner, (private fisheries)is a different matter and you are correct in quoting the same because an offence under Schedule 1 of the Theft Act, 1968 would have been committed.

 

But; It is still advisable to place signs around fisheries quoting that persons found fishing or trying to fish will be prosecuted under Schedule 1(2) of the Theft Act 1968.

 

Appologies Steve if my posting gave the impression it was open fishing for all in every circumstance. Clearly, that is NOT the case.

 

My posting was with regards to the venue and circumstances of Wordbenders original posting.