penfold Posted October 10, 2007 Report Share Posted October 10, 2007 What I meant by asking the question was what if any action could be taken against a person using a spinner in Benston or Spiggie under Scots Law not why they have a fly only rule. Quote Link to comment Share on other sites More sharing options...
Njugle Posted October 10, 2007 Report Share Posted October 10, 2007 That's a tricky one, so i'm not going to try.Anyhoo, @ skyumpi, the association have extensive re-stocking programs, it's quite mind-boggling how much stocking actually goes on. However! As was reported a few months back, there is a suspicion that over-stocking may damage the genetics of proper hill-trout as they have adapted to the conditions they live in, and any cross breeding or thinning of numbers due to an influx of reared fish may leave the loch natural stock in jeopardy. (as heard, and confirmed my suspicions, on Radio Shetland). I am pro-stocking, but only with a careful scientific approach. Stocking by individuals is also commonplace and is entirely good as far as i can see. Quote Link to comment Share on other sites More sharing options...
sheepshagger Posted October 11, 2007 Report Share Posted October 11, 2007 I have heard that if you use your otterboard with a good sturdy boat rod and it is no longer ilegal Quote Link to comment Share on other sites More sharing options...
penfold Posted October 11, 2007 Report Share Posted October 11, 2007 I was just interested as to the why's and wherefore's of it and by the lack of an answer I would imagine that its not as clear cut as some would have you believe Quote Link to comment Share on other sites More sharing options...
Njugle Posted October 11, 2007 Report Share Posted October 11, 2007 Hmm, you've prompted me to look into it a bit (i've always wondered this too.) Scottish Government[/url]"]Though, in general, it is not a criminal offence to fish for or take trout and other freshwater fish in Scotland, this does not imply that there is a free right to fish anywhere. The rights of riparian owners (who own the fishing rights) are protected by principles of civil law and permission should always be sought before fishing. No one, even if they are lawfully on the bank of a river or loch under a right of access, has an implied right to fish there. Fishing is only available to the owner of a fishery or with their written permission. Unlike in England and Wales, no national rod licence is required to fish in Scotland. Please see section 11 of the 2003 Act which states "Any person who without legal right, or without permission from a person having such right, fishes in a proper stank or loch shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale."Also: Check this out Ownership of Salmon Fishing Rights Orkney and Shetland Udal Law functions here, under which rights to fish belong to the landowners.Does it indeed? Quote Link to comment Share on other sites More sharing options...
penfold Posted October 11, 2007 Report Share Posted October 11, 2007 That what I was wondering, if you or your family owned land adjacent to these loch's or you had permission from the landowners and fished them then you would have grounds to defend any action taken against you by the angling association then for fishing say without a angling licence or with a spinner, It would be a costly game for the losing side I would think though what with legal costs etc probably being awarded against the losing side as well, cheers Njugle. Quote Link to comment Share on other sites More sharing options...
Skyumpi Posted October 11, 2007 Report Share Posted October 11, 2007 I have heard that if you use your otterboard with a good sturdy boat rod and it is no longer ilegal Hi SS, I wondered about this recently so did a bit of Googling to come up with the Salmon and Freshwater Fisheries Act 1975 which refers to our very own otterboard as an "otter lath" or "otter jack" and it states that " “otter lath or jack†includes any small boat or vessel, board, stick or other instrument, whether used with a hand line, or as auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise"So it looks like the sturdy boat rod isn't a get out of jail free card after all.They don't seem to specify what the punishment for this might be but they do say that you don't have to be caught using it, just intent to use. Interestingly, it seems that re-stocking might also contravene the Act if you don't have written consent from the local water authority. Can't think that there will be many cases brought to court for this??? Quote Link to comment Share on other sites More sharing options...
Njugle Posted October 11, 2007 Report Share Posted October 11, 2007 I have heard that if you use your otterboard with a good sturdy boat rod and it is no longer ilegal Whatever du tinks Fishing by rod and line Section 24(1) of the 1951 Act, as amended by section 8(6) of the 1986 Act, defines rod and line as: "single rod and line with such bait or lure as is lawful at the passing of this Act and, in the case of fishing for salmon in an area to which and at a time during which regulations made under section 8 of the Salmon Act 1986 apply, is not specified in such regulations in respect of that area and time". This definition has been taken to preclude the use of double rod fishing, cross line fishing, set lines, otter fishing, burning the water etc as proscribed in the Trout (Scotland) Act 1860, which was repealed by the 1951 Act. [edit] oops, much better quote from Skyumpie there, ignore this one [/edit] Quote Link to comment Share on other sites More sharing options...
Medziotojas Posted October 12, 2007 Report Share Posted October 12, 2007 Is netting still much of a problem? In the past I have witnessed people with wetsuits setting nets in the loch of Strom. I had pretty much given up on sea trout fishing last time I was home - nothing better than "herrin' troot" for several years. What I really find despicable though, is netting in lochs for brown trout - and yes this does (or at least did) go on. I had a nice brownie out of Benston about 10-15 years ago weighing in at 2.1/2 pounds. Nice - except for the net marks around it's gills. On a lighter note, when I'm home I usually head for Staveness in North Nesting - It's within walking distance of the house. It offers a strange mixture of brown trout, sea trout and piltocks. It's also a good place for spotting otters. Quote Link to comment Share on other sites More sharing options...
clanchief Posted October 12, 2007 Report Share Posted October 12, 2007 What I meant by asking the question was what if any action could be taken against a person using a spinner in Benston or Spiggie under Scots Law not why they have a fly only rule. We have been over all this before - see my post of 3rd May 2006 Quote Link to comment Share on other sites More sharing options...
clanchief Posted October 12, 2007 Report Share Posted October 12, 2007 Is netting still much of a problem? In the past I have witnessed people with wetsuits setting nets in the loch of Strom. I had pretty much given up on sea trout fishing last time I was home - nothing better than "herrin' troot" for several years. Unfortunately, there are reports of netting taking place in several areas - Hamnavoe, Yell, Dury Voe, Laxfirth, Strom, Queyfirth to name a few. All these areas had been showing an improvement in Sea Trout stock due to the massive numbers of fish re-stocked by SAA - fish up to 3lb were becoming fairly common over the past 3 years. Nobody minds a troot being taken for the pot by the net but taking catches of over 50 fish as reported from Yell is just sad and irresponsible. Quote/"I had a nice brownie out of Benston about 10-15 years ago weighing in at 2.1/2 pounds. Nice - except for the net marks around it's gills". During the last week of the season a fish of 5lb 3oz was caught in Benston, which despite what was said in a previous post has fished pretty well this year according to the reports I got. Quote Link to comment Share on other sites More sharing options...
Skyumpi Posted October 12, 2007 Report Share Posted October 12, 2007 On a lighter note, when I'm home I usually head for Staveness in North Nesting - It's within walking distance of the house. It offers a strange mixture of brown trout, sea trout and piltocks. It's also a good place for spotting otters. So there are troots in Staveness then? I wis there earlier in the year but we got nithin but pilticks. Nice walk oot there though - and the cat enjoyed her tea Quote Link to comment Share on other sites More sharing options...
sheepshagger Posted October 13, 2007 Report Share Posted October 13, 2007 Damn I'll hae ta hide me otter board den Quote Link to comment Share on other sites More sharing options...
Fjool Posted October 26, 2007 Report Share Posted October 26, 2007 Hmm... so what about this technique (I think she calls it 'Jugging'): http://www.metacafe.com/watch/761864/girl_catches_big_fish/ What a result! No idea what kind of fish that is, but it's certainly an impressive creature. Is this illegal here? Is it roughly the same as an 'Otter board' that I've read about here? Or something different? Quote Link to comment Share on other sites More sharing options...
Skyumpi Posted October 26, 2007 Report Share Posted October 26, 2007 ^^^^^Ha, made me think of this.... Quint - "He can't stay down with three barrels on him, not with three barrels he can't." http://img20.imageshack.us/img20/3145/threebarrelssh2.th.gif' alt='threebarrelssh2.th.gif'> Funnily enough, me and a mate discussed pretty much this method of fishing earlier this year. I haven't seen anything about it being illegal but without a boat to catch the fish you could be condemning it to a long slow death so it isn't something I'd just muck around with. Quote Link to comment Share on other sites More sharing options...
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