The law and sea Trout in the sea in Scotland

[Clydesider]

How does the law apply where the estuary of a river flows into the estuary of another river.

Take, for example, the River Kip.



The River Kip flows into the Clyde Estuary at the marina in Inverkip Bay. The fishing rights on the River Kip (and presumably along a defined shore section of the Clyde Estuary) are owned by the Ardgowan Estates. Now, where the Ardgowan Estates' fishing rights end, is this considered "in the sea" or does someone else own the rights to fish the entire Clyde Estuary?

Does anyone know where this information is kept and whether it's accessible to the general public? Or are the methods used to store this information as antiquated as the laws which govern the fishing itself?

[Clydebuilt]

Clydesider,

Im not too sure about where we can access this information but i do know the "rights" are apparently owned by the Shaw Stewarts.

By rights, i mean access etc, how this relates to the fishings though, im not too sure.

I think the beach huts round at Lunderston had to be Okayed by the late Sir Guy (and before any building etc went on the foreshore)

Probably opened a can of worms here!!!

Clydebuilt

[Dunbar]

gunner100 said:

This is a hardy perrenial.

The law in Scotland is quite clear.

Quote - ''To take or attempt to take , without permission in or from any river, stream, lake, water, estuary, firth, sea loch, creek, bay, or shore of the sea or in or upon any part of the sea within one mile of the low water mark in Scotland, salmon, grilse, sea trout, whitling or any other fish of the salmon species '' requires the permission of the riparian proprietor.
Lyall

At the risk of being pedantic, it's not just the riparian proprietor, because salmon fishing rights in Scotland can (and quite often are) be held separately from the land ownership rights. So one person could own the riverbank (and by virtue trout/freshwater fishing rights) and another person could own the salmon/sea trout fishing rights - and be entitled to access across said riparian owners land to exercise right to fish for salmon sea trout.

As stated earlier, in Scotland, it is a criminal offence to fish for or take salmon or sea trout without permission, in both freshwater and the sea. More often than not, the Crown Estate own the sea fishing rights, and fishery boards have juridiction to enforce the law as much as they do within freshwater (where a Board exists). In places like Loch Lomond and the Clyde where no Board exists, bailiffs are appointed by the Scottish Executive Ministers to fill the law enforcement gap.

[Clydebuilt]

Some interesting points Dunbar,

I wonder if there are any appointed Crown Bailiffs for my area, i have been fishing since 7 years old and in 21 years never ever been approached by a bailiff until this year whilst fishing in the sea for game fish.

My ticket does cover me for that particular area thankfully!!

Clydebuilt

[Clydesider]

Which area were you fishing, Clydebuilt?

Wonder if you could have plead ignorance or said you were fishing for mullet...

[Hambo]

I have mentioned this before, but the Tweed commissioners claim the salmon/sea-trout fishing rights in the sea for 20 miles either side of the estuary. The River Eye is 9 miles away and therefore comes under the Tweed's grasp, despite it being in England and the Eye in Scotland.

The rights extend to 3 miles out to sea too.

Not all river estuaries have the same rights and I think some may be subject to Protection Orders given out by the Scottish Executive.

[gunner100]

Zeolite,

The Backies and the rest of the bay which are part of the club's fishings.

Lyall

[theporter]

Thanks chaps for all the info, but it looks like I'll have to give up on the idea of a spot of SWFF around here as I don't think the mackerel come in close to the mouths of the Don or Ythan! And bass?! Well, I've never heard of them being caught as far north as this, but a few more years of global warming and they might start appearing!
Thanks again for your input.
The Porter.

[tonyj]

How far north are bass caught?

On the west coast I caught a small schoolie off the coast of Skye a few years ago.

[G Ritchie]

A small amount of bass are to be found in the estuaries of the Don, Ythan and Ugie. For more consistent sport with the bass, try the warm water outfall from the power station at Boddam.

[Guernseybass]

graham said:

A small amount of bass are to be found in the estuaries of the Don, Ythan and Ugie. For more consistent sport with the bass, try the warm water outfall from the power station at B*****.

and to prevent aforesaid netters taking them all you might want to edit your post there mate as i have.