Island Life Magazine Ltd October/ November 2012 | Page 143

Legal Issues with Roach Pittis Solicitors

By Keith Verrinder

The Law relating to
freshwater fishing
In the 1970s fishing increased in
popularity as a sport and more
fisheries were created. They were
formed either by the National Rivers
Authorities for the general public or
by clubs for their members, and it
became necessary to set up a system of
licensing for anglers, to outlaw certain
methods of fishing and to provide a
means of enforcing fishing law.
The Salmon and Freshwater Fisheries
Act 1975 required the National Rivers
Authority (NRA) to regulate fishing
for salmon, trout, freshwater fish and
eels by means of a system of licensing.
A Fishing Licence granted by a
Water Authority authorises a person
to whom it is granted to use the
instruments specified, commonly a
rod and line, to fish for fish named in
specified waters between certain dates.
A Salmon Licence will include trout
and any licence that allows fishing
for trout also allows fishing for lesser
freshwater fish and eels. The licence is
usually referred to as a ‘Rod Licence’.
It is important to remember that all
a person is authorised to do by that
licence is to use a rod in the NRA’s
area.
It is a criminal offence to fish for, or
take fish of a description other than
that authorised by the Licence or by
means other than that authorised
by the licence. It is also an offence
to posses, with intent to use it for
fishing, any instrument other than that
authorised by the licence.
A water bailiff appointed by the
National Rivers Authorities, or any
Police Officer, may require a person
who is fishing, or who they reasonable

suspect to be being about to fish, in
the area of the NRA to produce his/her
licence and to give his/her name and
address. Failure without reasonable
excuse to comply with such a request
is a further criminal offence.
Quite regardless of the licensing
situation, there are certain methods
of fishing which are prohibited by
the Salmon and Freshwater Act 1975.
The use of any firearm is prohibited,
as is the use of otter boards, snares,
cross lines, set lines, spears, gaffs,
stroke-halls, snatches or other like
instruments or any light. These are of
course typical poaching devices.
The otter board is a floating board to
which attached are a number of lines.
A cross line is one that is stretched
across a river with a number of lines
attached. A set line is any line which
is left unattended. Stroke-halls and
snatches are used for the purpose of

dragging for fish which are fouled
hooked. Gaffs may be lawfully used to
land fish which have been caught by
rod and line, but not for catching fish.
The use of fish roe is also prohibited.
This is important because some
poachers prepare fish roe into a sticky
substance, often referred to as ‘’taffy’’,
which is attached to the line to attract
fish to the bait. The use of explosives,
poison or electrical devices with intent
to take fish is always an offence unless
carried out with the express consent of
the National Rivers Authority.

Roach Pittis Solicitors
62-66 Lugley Street,
Newport PO30 5EU
01983 524431
www.roachpittis.co.uk

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