I may have a problem...

fishplate42 · Jul 3, 2017

I think my plans for some local fishing may have just been blown out of the water, so to speak. In my other thread, we have been discussing how to catch the fish in my local river. There are no signs that say no fishing, but there are no signs saying that fishing is allowed. Digging around on the local authority website did not mention anything one way or the other. I then remembered that the EA fishing licence rules and regulations says something about complying with the local byelaws.

Unfortunately, I have just found them and under the section for 'Byelaws for pleasure grounds, public walks and open spaces - July 2015' there is a part 5 that is titled: Waterways. Rule 36 reads:

"No person shall in any waterway cast a net or line for the purpose of catching fish or other animals except in a designated area for fishing".

I think, as there are no "designated area for fishing", that means I am out of business.

What do you think?

I am sure this was not the situation when I was a kid. I think this is another case of it is easier to say NO than make provision and leave the council open to any possible litigation.

There is another way of looking at this. If that is the case, what it really means is that if I break the byelaw they cannot be held responsible for any claims against them resulting from my actions.

What on earth are the consequences of breaking the byelaw? And the last thing is, who is going to police the byelaws at 5 or 6 o'clock in the morning?

Ralph.

mikench · Jul 3, 2017

In a worst case scenario( and a highly unlikely one at that) you could be in breach of the bye law and have your licence revoked! Ignorance is no defence but I would have thought the likelihood of being"caught" at the times you propose are as probable as me catching tench and barbel without the help of Binka and Nottskev respectively!

Go light and give it a go! I would!

103841 · Jul 3, 2017

Go and fish Ralph, blame me if it goes pear shaped

mg:

It won't.

thecrow · Jul 3, 2017

fishplate42 said:
who is going to police the byelaws at 5 or 6 o'clock in the morning?

No bu££er, fish it and see what happens or contact the EA and ask them where the designated areas for fishing are, by the very fact that fishing is allowed nowhere else than designated areas it must follow that there are some surely?

nottskev · Jul 3, 2017

I'm sure people with more specific knowledge will post, but I've never been aware of the "designated fishing area" before. Stretches of river run by clubs and associations normally have signs to tell you so. Areas where no fishing is allowed are normally signposted as such. You might expect fishing to be prohibited or restricted in certain areas, such as weirs, locks, waterside installations and so on, but again, they'd normally be signposted. I have known stretches of river, such as the duck-feeding, boat-hiring, picnic areas, where fishing is prohibited to prevent the public being hooked etc, but these have been signposted. If you can access your stretch of river without infringement or trespass, and there are no signs telling you you can't fish or the fishing rights are private, I'd tend to think it must be ok to do so. I wouldn't hesitate, and I think the worst that might happen is that you might be asked to leave and given an explanation why.

iain t · Jul 3, 2017

Go on the land registry and find out who owns the land. Sent a letter to the owners or a gentle knock on their door may help. Worked for me in the past and ended up the only person allowed to fish the stretch.

theartist · Jul 3, 2017

Nottskev is right If it's public land, they should inform you with signage of prohibited activities, there won't be any prosecution, after all your'e not psychic. I fish these type places all the time you're not going to get your licence revoked lol

You're fishing after all, they'll be plenty worse stuff going on in that park land for them to worry about rather than you trying to catch a few fish for fun. Why can someone walk a dog, kick a ball or have a picnic there and you can't go fishing? If there's no signs go for it and enjoy yourself, the only people who will approach you is curious passers by who didn't realise there's any life in the river.

john step · Jul 3, 2017

theartist said:
Nottskev is right If it's public land, they should inform you with signage of prohibited activities, there won't be any prosecution, after all your'e not psychic. I fish these type places all the time you're not going to get your licence revoked lol

You're fishing after all, they'll be plenty worse stuff going on in that park land for them to worry about rather than you trying to catch a few fish for fun. Why can someone walk a dog, kick a ball or have a picnic there and you can't go fishing? If there's no signs go for it and enjoy yourself, the only people who will approach you is curious passers by who didn't realise there's any life in the river.

Yes. Just go and fish. Let us know how you get on. Nothing is going to happen.

steve2 · Jul 4, 2017

Go out there and enjoy yourself that what life is for. Become an exploring angler you may have found a new fishery.

Jim Crosskey 2 · Jul 4, 2017

Yet another vote here to just go and fish it.

It sounds from the previous post you made that you'll be travelling light, that certainly makes sense. And then if someone does approach you to tell you that you can't fish there, be prepared to pick it all up and go home. Though I'm 99.9% certain no-one will!

thecrow · Jul 4, 2017

Jim Crosskey 2 said:
And then if someone does approach you to tell you that you can't fish there, be prepared to pick it all up and go home.

After first ascertaining that they have the required authority to tell you that fishing is not allowed and are not just some tree hugging busybody p*** member that doesn't like angling/anglers

theartist · Jul 4, 2017

thecrow said:
After first ascertaining that they have the required authority to tell you that fishing is not allowed and are not just some tree hugging busybody p*** member that doesn't like angling/anglers

There is also the scenario where the local council actually want people fishing these rivers(Until some idiot leaves a mess and ruins it for everyone) In a lot of areas where rivers have been restored and areas the council is trying to improve, catching fish from a previously dead river is an excellent justification of the funding the area has had.

Fish it and enjoy it after there's a catch report for you to write about how you got on :thumbs:

fishplate42 · Jul 4, 2017

Okay, thanks for the words of encouragement, I will give it a try on Friday. I have ordered some maggots and one of those cheap fifteen quid rucksack stools for the planned urban assault on the river.

What concerns me is that you guys seen to be able to fish without attracting attention. I have not been fishing three years yet but l have had my license checked by EA bailiffs three times already.

Ralph.

theartist · Jul 4, 2017

fishplate42 said:
What concerns me is that you guys seen to be able to fish without attracting attention. I have not been fishing three years yet but l have had my license checked by EA bailiffs three times already.

Ralph.

Don't worry about that mate that's actually a good thing as we want to be checked more. A lot of us are in the middle of nowhere when we're fishing and some of them are still fishing in black and white they're so remote

103841 · Jul 4, 2017

Wear some clothing that will protect you from the stinging nettles etc, if its not fished might be quite overgrown in places, just the sort of places where a nice plump chub might be residing.

fishplate42 · Jul 4, 2017

s63 said:
Wear some clothing that will protect you from the stinging nettles etc, if its not fished might be quite overgrown in places, just the sort of places where a nice plump chub might be residing.

We did a recce of the target the other day and rather go out in full combat gear, I thought I would go in summer mufti; shorts and deck shoes with no socks. Big mistake! There are trodden paths but the brambles and nettles bridge the path for a good percentage of the way.

I am not sure about a "nice plump chub" the water is really shallow in most places. The fish seem to congregate in the deeper bits, but that is a relative term. 'Deep' where we plan to fish might only be a foot deep.

Ralph.

103841 · Jul 4, 2017

In places the Stour through Canterbury isn't any deeper

find a hole and there's often a fish to be had.

theartist · Jul 4, 2017

Don't discount the shallows especially if they are fast and have a bit of cover, chances are there's fish there - dace and chub will live in the shallowest of water no probs. In many of these urban streams the fish rely on these oxygenated bits and sometimes the slow deeper areas can be devoid of fish. That's not to say the 'deeper' pools aren't worth trying sometimes the best ones are 'deep' bits of fast water where it just goes too dark to see bottom

fishplate42 · Jul 4, 2017

s63 said:
In places the Stour through Canterbury isn't any deeper find a hole and there's often a fish to be had.

I will certainly have a go but as the river has only just come alive after the devastating pollution of seven or eight years ago.

Ralph.

---------- Post added at 11:20 ---------- Previous post was at 11:13 ----------

theartist said:
Don't discount the shallows especially if they are fast and have a bit of cover, chances are there's fish there - dace and chub will live in the shallowest of water no probs. In many of these urban streams the fish rely on these oxygenated bits and sometimes the slow deeper areas can be devoid of fish. That's not to say the 'deeper' pools aren't worth trying sometimes the best ones are 'deep' bits of fast water where it just goes too dark to see bottom

I am looking forward to having a go on Friday. The tucked away stretch is very natural looking with all sorts of shallows and slightly deeper pools. If it turns out to be okay and we don't get chased off, then I think I will be back often, several times a week for the odd couple of hours here and there, so I will have a chance to modify my tactics as I get to learn the river and its fish.

Thanks for all the great advice.

Ralph.

Ray Roberts · Jul 4, 2017

In a similar situation many years ago. I had found a nice mill pond next to a derelict papermill. No signs up, so the following week I was comfortably tucked away and doing rather well. Along comes some guy who shouts out from a nearby bridge and in a rather loud and unnecessarily manner; "What do you think your doing?" Well it was self evident, so I replied "Why? What has it got to do with you, do you own the bank or fishing rights?" "No" he replied. "Well f#*K off and mind your own f#*$×=g business." Was my witty response. He did f#*K off, he f#*×=d off to the local police station, put on his sergeant's uniform and returned to give me a detailed explanation to the laws regarding poaching and trespass, lol.

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