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Fishing Forum 10-07-2010, 05:56 PM
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A legal Question

The migratory rights to a river near me belong to a fishing club

the river runs through a public park

the constitution of the club states "no fishing is permitted on the club’s water from 31st October to 10th February"

the club do not own any water (or land for that matter)


would people be breaking THE LAW if they were to fish for NON Migratories between 31st October to 10th February ?
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Fishing Forum 10-07-2010, 08:30 PM
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Re: A legal Question

In a word yes, the club in question may not own the land, but will have negotiated the fishing rights from the riparian owners (including the local council). This being the case, I imagine they could legally enforce their rules.


D.S.
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Fishing Forum 10-07-2010, 09:48 PM
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Re: A legal Question

Thanks DS

So this means that by having the right to fish for migratories also gives them rights to stop folk fishing for other species, even outwith the migratory's season?

I am not questioning your information DS, but am seriously concerned if this is the case.
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Fishing Forum 10-08-2010, 02:02 PM
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Re: A legal Question

They have the fishing rights , migratory or not so the answer is the same YES they can stop you, it's their water. The rights will be to fish, the fact they fish for migratory fish isn't relevant. You couldn't just turn up at a clubs rented carp pool and get your fly rod out and claim that as you are game fishing and their club is renting the coarse rights you can game fish could you? Sorry, I doubt that's what you wanted to hear. It IS sometimes frustrating but that's life.

It could also be a condition of their rental. Some clubs still impose a close coarse season on lakes because they have to meet a landlords conditions.

Cheers,

All the best.

Pete.
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