Attention UK spearos - Salmon/Sea Trout

[Spaniard]

Hi everyone,

I've noticed this coming up a few times in different threads and it is important that we are all aware of the facts;

IT IS ILLEGAL TO SPEAR SALMON OR SEATROUT IN THE UK !!!!!!!!!!!!!

It is an archaic law but you can be heavily fined and have your equipment confiscated, including your boat or your car (boat trailer attached). The Fisheries Officers take this matter VERY seriously and also read public forums such as this one so please be aware.

Thank you.

 

[Mr. X]

Hi everyone,

I've noticed this coming up a few times in different threads and it is important that we are all aware of the facts;

IT IS ILLEGAL TO SPEAR SALMON OR SEATROUT IN THE UK !!!!!!!!!!!!!

It is an archaic law but you can be heavily fined and have your equipment confiscated, including your boat or your car (boat trailer attached). The Fisheries Officers take this matter VERY seriously and also read public forums such as this one so please be aware.

Thank you.

Yes it is not very well publicized -- fortunately I learnt about it early from DeeperBlue. It would be easy not to come across it though. It does seem archaic. A very keen fly fisher, who goes to Ireland fly fishing every year, suggest I just ignore it! (I wouldn't).

Anybody have the actual text of the law?

 

[atomichaggis]

Environment agency would be the place to look. Migratory salmonid rod licenses are hella expensive so if it were legal to spear them... it wouldn't be for the likes of Me.

P.S. Atlantic Salmon stocks are taking a battering at present... the law is right in this case no matter how old it is.

 

[Mr. X]

Environment agency would be the place to look. Migratory salmonid rod licenses are hella expensive so if it were legal to spear them... it wouldn't be for the likes of Me.

P.S. Atlantic Salmon stocks are taking a battering at present... the law is right in this case no matter how old it is.

I heard that Irish fishermen recently got a big EU compensation payout - to stop netting salmon heading back to the rivers in Scotland (& pos. Ireland & England/Wales?).

Chapman Pincher's memoirs talk about the decimation of British salmon stocks during his lifetime -- quite sobering to read. I've seen some significant efforts to restore salmon habitat in Washington state, in the townships near Seattle. Rivers restored with fallen trees & new reed beds, all road & mall drains stencilled with warnings not to pollute (they drain into the salmon rivers & streams), filtering & re-use of car wash water, etc.. We're still a long way from that. Apparently the stories of trout coming back into the Thames were exaggerated -- still way too dirty for all but the odd "pilot" trout.

Although I don't spearing would make a significant impact on salmon stocks - even if permitted. Take a look at the big trawlers & estuary netters if you want to make a real impact.

 

[Benc]

It is also illegal to take Salmon and Sea Trout in esturine environments (and the sea) on rod and line so I suspect that it is the revenue generated by commercial netters and rod and line fishermen in freshwater that enables them to continue fishing for them in the sea/freshwater.

The EA have released a lot of Salmon in the UK recently, one of which I caught electrfishing in a London drinking water reservoir not long after it had been tagged; no hope of it ever reaching the sea to breed.

There are other factors involved in the depletion of salmon in the UK, mostly to do with Salmon farming and the asociated parasite loading onto wild fish and the interbreeding of farmed Salmon (with a need for high protein food not available in the wild) and wild Salmon. It is not just spearos being picked on!

 

[atomichaggis]

I heard that Irish fishermen recently got a big EU compensation payout - to stop netting salmon heading back to the rivers in Scotland (& pos. Ireland & England/Wales?).

Chapman Pincher's memoirs talk about the decimation of British salmon stocks during his lifetime -- quite sobering to read. I've seen some significant efforts to restore salmon habitat in Washington state, in the townships near Seattle. Rivers restored with fallen trees & new reed beds, all road & mall drains stencilled with warnings not to pollute (they drain into the salmon rivers & streams), filtering & re-use of car wash water, etc.. We're still a long way from that. Apparently the stories of trout coming back into the Thames were exaggerated -- still way too dirty for all but the odd "pilot" trout.

Although I don't spearing would make a significant impact on salmon stocks - even if permitted. Take a look at the big trawlers & estuary netters if you want to make a real impact.

Spearing wouldn't make a huge impact on salmon stocks... I'm not convinced that fishing with rod and line would either.
Netting ban in ireland had no impact either, Trouble is Poaching is still rife in Ireland, the ban on netters is just a bit of paper til they enforce it.

This year has been a bad one... the number of fish is down and the average size of the Grilse is also down that would suggest a downturn in their natural prey in the atlantic.

I've said it before tho, The real culprits are the farms all over the Salmo salar world but things are so bad it would be prudent for anglers and spearos(anywhere its allowed) just to give the salmon a break.

 

[Mr. X]

...
I've said it before tho, The real culprits are the farms all over the Salmo salar world but things are so bad it would be prudent for anglers and spearos(anywhere its allowed) just to give the salmon a break.

How so Davie - do they catch sandeels? I heard they dredge the sea bed of the Irish sea for feed (destructive & radioactive).

Apparently the seabird populations in Scotland were down significantly recently too, they think because of reduced food stock. Lack of sandeels was mentioned specifically; seems like they are in the food chain/web for many species of fish too.

(Is your work related to this?)

 

[atomichaggis]

Main problems with the farms is that they are breeding grounds for lice wich eat the salmon (and trout) alive and leave them open to secondary infections. They end up with the meat showing through due to necrosis... absolutely horrific sight (I'll spare you the pictures unless you ask). another problem is interbreeding as large numbers of farm reared salmon escape. Ben mentioned that the farm reared fish require High protein diet that can't be reproduced in the wild... I'm not sure if this is the case with all farm reared salmonid stocks as they seem to thrive on the loose here (seatrout, rainbows and char too), doesn't solve the problem tho as even the salmon are quite unlike the wild stock. all of the farmed stock are bred for the table.
Faced with a decline of natural stocks Farms continually fail to take precautions against lice and escapes... its not like its rocket science... or perhaps its just not in their interest.
Another problem is this high protein diet... the pellet takes about a third more protein to make than the fish it feeds yield (not so eco friendly). unfortunately it has to come from somewhere else and that somewhere else may just be somewhere thats important for a whole bunch of other marine life.

Sandeels are one of the most exploited sources of agricultural feed. The danes have more pigs than people in their country and those pigs are fed on sandeels... well, rather the meal thats made from them. This is why Danish fishing boats are often in the way of a decent cast from British beaches.
Commercial fishing of sandeels is bad for sealife (inc. birds) in general not just salmonids. taking away the bottom of the food chain has a knock on effect. Its like taking out the krill can wipe out whales so name a species that feeds on sandeel and thats gonna have trouble... Its more than a few eh?

I don't work in the fisheries... might not have a choice tho due to where I live. It pushes my buttons a bit tho. I'm just a proud Scot who can't stand to see an important part of our cultural heritage sold out from under Us and a pished off flychucker to boot.

 

[island_sands]

Yes it is not very well publicized -- fortunately I learnt about it early from DeeperBlue. It would be easy not to come across it though. It does seem archaic. A very keen fly fisher, who goes to Ireland fly fishing every year, suggest I just ignore it! (I wouldn't).

Anybody have the actual text of the law?

Mate

Environment Agency - Catch and Release leaflet

and

BBC NEWS | UK | England | Cumbria | New by-law to help protect salmon

and

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) - Statute Law Database
in fact, check out the whole thing
Matching Legislation - Statute Law Database


also check out

Authorities

Green, Encyclopaedia of Scots Law (Edinburgh, 1896); Stewart, Law of Fishing in Scotland (Edinburgh, 1869); Woolrych, Waters (London, 1851); Paterson, Fishery Laws of the United Kingdom (London and Cambridge, 1863); Stuart Moore, Foreshore (London, 1888); Phillimore, International Law (3rd ed., London, 1879); Martens, Causes celebres du droit des gens (Leipzig, 1827); Selwyn, Nisi Prius, Fishery (London, 1869). (G. G. P.*)

if you read through it seems like you need a national rod license and also the law in scotland is not the same...

 

[atomichaggis]

In Scotland you need the Crowns written permission or that of someone with the rights to Salmonids from Their lands.
Basically the chinless wonders are screwing Us on this one... If it weren't in such a mess i'd still be a poacher

fishing law in scotland

 

[Mr. X]

Thanks Sara.

Looks like other forums are struggling with related issues: River Cottage :: View topic - Bowhunting
(...the last contribution on the first page by "Guest" made me laugh).

Here is a quote from that forum (for whatever that is worth):

Salmon and freshwater Fisheries Act 1975:

"No person, for the purpose of taking or killing salmon, trout or freshwater fish, may use a firearm, an otter lath or jack, wire or snare, a crossline or setline, a spear, gaff, stroke-haul, snatch, or other like instrument"

...and here is the link to the actual law (using Island Sand's law database link): Salmon and Freshwater Fisheries Act 1975 (c.51) - Statute Law Database

It looks like they recently added a fixed-penalty option too.

 

[atomichaggis]

Just a thought but if Busterlung is heading to Scotland soon then perhaps He could write to the queen and ask for permission to spear salmon. I'd love to hear what She has to say about it.

 

[Mr. X]

It seems generally accepted on this forum that salmon & sea trout should not be speared although it occurs to me now that the aforementioned law [Salmon and Freshwater Fisheries Act 1975 (c.51) ] is intended for freshwater rather than the sea (the clue being in the title). Anybody able to provide additional information/clarification re. the applicability (or not) of the above law (or similar) to saltwater?

 

[Spear0Joe]

But gentleman, the question you need to ask yourself is if a 10 pound salmon swam infront of your spear, you wouldn't shoot it.

 

[sjwpjw]

Do any of you legal eagles know if this legislation applies in Northern Ireland?

Quite often our rules are different.

I have certainly never heard of it before.

Thanks

 

[Mr. X]

Interesting question. Maybe not, a lot of our fishing legislation is specifically for "England and Wales". Might be worth checking with your local fishery authority (the DEFRA website should have this information). Member Huan might know, although I think he is in Eire.

 

[Huan]

I can't be sure although I suspect if the law is similar in NI to the Rep. then it will be illegal. I guess the people to ask are the Foyle Fisheries Commission. The have responsibility for Salmon & Seatrout,I can pretty much guess what the answer will be if you call them
The situation for Salmonids is different than for all other Sea Fish In the R.O.I, the UK and NI. Probably because of the status of them as Game fish.
I know that it is illegal here in the ROI to spear Salmonids, and much of our law is based upon archaic law in the UK/NI

 

[sjwpjw]

Thanks

I will check it out. I hope it does turn out to be one of those situations where NI is in the backwoods as far as GB legislation is concerned. I have seen sea trout in the water but never taken one. Never seen a salmon.

 

[Mr. X]

It seems generally accepted on this forum that salmon & sea trout should not be speared although it occurs to me now that the aforementioned law [Salmon and Freshwater Fisheries Act 1975 (c.51) ] is intended for freshwater rather than the sea (the clue being in the title). Anybody able to provide additional information/clarification re. the applicability (or not) of the above law (or similar) to saltwater?

Found this in the main body of the above law:

2. Any offence against this Act committed on the sea-coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction shall be deemed to have been committed in any place abutting on that sea-coast or adjoining that sea, and may be tried and punished accordingly.

3. Offences against this Act committed in Scotland shall be proceeded against and punished in Scotland.

4. A justice of the peace shall not be disqualified from hearing any case under this Act by reason only of being a subscriber to any society for the protection of fish, but a justice shall not be entitled to hear any case in respect of an offence committed on his own land or in relation to any fishery of which he is owner or occupier.

5. The court by which a person is convicted of an offence against this Act may order the forfeiture of—
(a)any fish illegally taken by him or in his possession at the time of the offence;
(b)any instrument, bait or other thing used in the commission of the offence;
(c)in the case of an offence of unlawful possession of any substance or device in contravention of section 5 above, that substance or device; and
(d)on conviction on indictment, any vessel or vehicle used in or in connection with the commission of the offence or in which any substance or device unlawfully in his possession was contained at the time of the offence;
and may order any object so forfeited to be disposed of as the court thinks fit.