Fishing Right for River are Retained by Local Sporting Club

ivanthehunter

A local sporting club has rights over a river that runs through my property. they have signs all along the river bank stating that fishing is only allowed under permit, thats fair enough.... But they also have other info on the signs. They claim that canoing is prohibited:mad:
If they own the fishing rights thats that and as such i have no problem with that but they seem to be chancing their arm (i think) with the "no canoes thing".
Does any body on the forum know if such a thing exists in the reserved fishing rights scope.???

coolwings

Not a legal opinion:

My understanding of the situation is the owner of salmon fishing rights can legally prevent canoes from passing through/over the section of river bed. It has to do with protection of property and the value of that property. For other species the case law of precedent may or may not apply. But if the fishing rights cost money then I would think that it might apply. A court would have to decide.

If the fishing rights happen to be "several fishing rights" which is not that often, then the river bed itself is actually owned by the fishery owner, otherwise the riverbed is owned by the riparian landowner.

bitemybanger

For walkers it would be up to the landowner or owner of the rights to the fishing which is usualy the owner of the land, as for canoeing, the river itself is state owned(correct if wrong) so i doubt any land owner of fishing club (as long as your not fishing) cannot stop you.
Im not too concerned about angling clubs and thier rules as long as im fishing for my main species of Perch and Pike and not thier trout or salmon ill fish away, doing this all my life, had a few run ins but what harm are you doing? you just have to laugh somtimes.

stevecrow74

here's a thought....

if you own the land, they will be trespassing if they set foot on it to check if anyone is fishing :rolleyes:
and are those signs on your land? did they ask permission to erect those signs??



so the only way they could check is with a water craft of somekind
(unless there is a public right of way)


just a thought

bitemybanger

Walkers rights and all that jazz.

Cleahaigh

My understanding is that the people who own the fishing rights can restrict kayaking etc I've seen it before, I think fishing rights trump other recreational uses. In the case I'm thinking of the fishery owner does allow the kayakers on the river in the fishing off season though, which is generally when the best conditions occur anyway - lots of spates and all that jazz. In relation to access, my understanding is that the owners of the fishing rights have a right of access to all river banks, lake shores etc in order to exercise those rights though if I recall correctly that's limited to 5m back from the bank/shore. Not sure about the signs issue.

ivanthehunter

Cleahaigh wrote: »

My understanding is that the people who own the fishing rights can restrict kayaking etc I've seen it before, I think fishing rights trump other recreational uses. In the case I'm thinking of the fishery owner does allow the kayakers on the river in the fishing off season though, which is generally when the best conditions occur anyway - lots of spates and all that jazz. In relation to access, my understanding is that the owners of the fishing rights have a right of access to all river banks, lake shores etc in order to exercise those rights though if I recall correctly that's limited to 5m back from the bank/shore. Not sure about the signs issue.

My understanding is that they only own access and that access is limited to 1meter.
as far as water ways are concerned i think that no body can stop anybody on a boat as the river is not deemed as property and as such is not controlled by ownership. The fish in the river are owned under the sporting rights but not the water!

ivanthehunter

bitemybanger wrote: »

Walkers rights and all that jazz.

What ye mean? What are they? Do walkers have some special right to walk anywhere?
If your fishing with the club then your ok? if your just floating;) about then thats a different story?

maigheo

ivanthehunter wrote: »

The fish in the river are owned under the sporting rights but not the water!

ya sounds about right, as far as i know you can be proescuted for theif of their fish and not for fishing, its hard enough to stop people fishing in comerical water never mind someone canoing or bring their dog for a swim.

Zzippy

stevecrow74 wrote: »

here's a thought....

if you own the land, they will be trespassing if they set foot on it to check if anyone is fishing :rolleyes:
and are those signs on your land? did they ask permission to erect those signs??

so the only way they could check is with a water craft of somekind
(unless there is a public right of way)

just a thought

Not true. If they own fishing rights they re entitled to access along the bank, either to fish or to check for permits.

maigheo wrote: »

ya sounds about right, as far as i know you can be proescuted for theif of their fish and not for fishing, its hard enough to stop people fishing in comerical water never mind someone canoing or bring their dog for a swim.

Also not true, fishing rights confer the right to fish, not the right to the fish. If you buy a permit, you are entitled to fish there. If you don't, you can be prosecuted for fishing, regardless of whether you took a fish or not. The right to kill a fish or otherwise is governed by legislation, such as salmon quotas, bag limit byelaws, etc

ivanthehunter

Zzippy wrote: »

Not true. If they own fishing rights they re entitled to access along the bank, either to fish or to check for permits.



Also not true, fishing rights confer the right to fish, not the right to the fish. If you buy a permit, you are entitled to fish there. If you don't, you can be prosecuted for fishing, regardless of whether you took a fish or not. The right to kill a fish or otherwise is governed by legislation, such as salmon quotas, bag limit byelaws, etc

Ok well do you have any point of view of the restrictions to boats or canoes

Zzippy

ivanthehunter wrote: »

Ok well do you have any point of view of the restrictions to boats or canoes

Sorry, I don't know the legal situation WRT canoes