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  1. #1
    Join Date
    Feb 2014
    Location
    Durhamish
    Posts
    9

    Default Theft of fish act.

    Please find below some interesting reading, it basically means, if there are bailiffs availble when poachers are on the water, you can call the police and if they don't respond, call them back and quote the number 116/11.


    IMPORTANT: Code for Theft of Fishing Rights: 116/11
    Quote this code when reporting incidents of Fishing Without Permission to the Police
    Read why below...

    Fishing without permission is a Schedule 1 Theft Act 1968, and therefore criminal, offence. It is not the Environment Agency's (EA) responsibility to deal with this but that of the police. Understandably, this is not an area of law in which police officers are generally trained, so the Angling Trust are in the early stages of liaising with all 43 forces to educate officers regarding their responsibility. To date, we have concentrated, due to VBS and Operation CLAMPDOWN 2 (OCD2), on forces in SE England, all of which are engaged on joint VBS/EA/police patrols in that region and in support of OCD2. Indeed, a Hampshire Police officer recently checked, purely coincidentally, one of our Area Coordinator's licenses; this was very encouraging, but unfortunately the police's overall understanding remains inconsistent. In an effort to resolve this, last year the Angling Trust uploaded the 'Elementary Guide to Angling Law & Fisheries Enforcement' to the Police Online Knowledge Area (POLKA) - making this simple guide available to every police officer in England. This, however, relies upon an officer searching that database for information, so the upload is not a cure-all. We now, however, have one - and hence why we need your help.

    Every offence which the police are duty bound to deal with has a unique Home Office Code. We now have the Code for Theft of Fishing Rights: 116/11. If, therefore, anglers quote this when reporting incidents, the police will understand that they must deal with the matter, rather than misinterpret the situation as a civil matter and/or attempt to pass the job over to the EA. Provision of the Code will mean that from the initial stage the call taker will understand that this is a police matter, and police officers responding can check the relevant instructions.

    Finally, and in addition to the good news above, we have had a recent result with the Crown Prosecution Service (CPS). One of our fishery owner members was the victim in such a case of fishing without permission, which the police duly processed, but at court the CPS lawyer completely misunderstood the Theft of Fishing Rights offence and discontinued those proceedings. Acting upon our advice, said member complained to the CPS. Gerry Wareham, the Deputy Chief Crown Prosecutor, recently acknowledged the error, apologised, and instructed all CPS lawyers to proceed with such cases - and if in doubt liaise with Andrew Vaughan, the Lead Prosecutor. This really is a major step forward.


    Dilip Sarkar MBE
    Fisheries Enforcement Manager
    Angling Trust

  2. #2
    Join Date
    May 2011
    Location
    Kingskerswell, Newton Abbot. Devon
    Posts
    1,363

    Default

    This is only any good if there is a police officer available at the time, it depends on where the offence takes place as to the response of the police in relation to available resources
    This is a major step forward though let's hope there is a fishing policeman on duty when the call goes out
    Last edited by kimbo; 23-02-2015 at 08:16 AM.

  3. #3
    Join Date
    Aug 2009
    Location
    west highlands
    Posts
    1,647

    Default Netting

    Would this act apply if a netting company left their nets fishing during the weekend closed period?

  4. #4
    Join Date
    Oct 2008
    Location
    edzell
    Posts
    2,492

    Default

    Quote Originally Posted by Jack Holroyd View Post
    Would this act apply if a netting company left their nets fishing during the weekend closed period?
    Probably only on the Monday when they didn't release the fish trapped on the Sunday.

    Cheers

    Alan

  5. #5
    Join Date
    Sep 2010
    Location
    clitheroe lancs
    Posts
    310

    Default

    Fairly sure this only applies to enclosed waters not rivers.
    Might be wrong though ?.

  6. #6
    Join Date
    Mar 2008
    Location
    Paisley strathclyde.
    Posts
    3,545

    Default

    As far as I am aware in Scotland theft of fish is only in a loch classed as a stank. A stank being defined as a stretch of water with no feeder burns.
    Bob

  7. #7
    Join Date
    Nov 2007
    Location
    central scotland
    Posts
    323

    Default

    From ASFB
    Stanks’ and
    enclosed ponds
    or
    lochs
    Fishing
    without permission on a loch owned by one person
    or a ‘stank’is a criminal offence. A stank is a
    reservoir or pond with neither inlet nor outlet sufficient to allow access or egress by fish

  8. #8
    Join Date
    Oct 2010
    Location
    the river
    Posts
    1,024

    Default

    Section 11 of the 2003 act in scotland is an interesting one. I presume anyone caught fishing any loch without permission for freshwater fish would fall foul of this section.
    Last edited by let them all go; 23-02-2015 at 12:21 PM.

  9. #9
    Join Date
    Nov 2007
    Location
    central scotland
    Posts
    323

    Default

    Here's a 'wee' guide.

    fishing law in scotland

    PS a few laws are going to change very soon.
    Last edited by flyman; 23-02-2015 at 12:40 PM.

  10. #10
    Join Date
    Apr 2011
    Location
    Cardiff, Wales
    Posts
    81

    Default

    You make it sound easy. My understanding is somewhat different. The act of theft means stealing fish and that means taking, removing or killing them. If a person is fishing 'catch and release' it is unlikely to be a criminal act and would revert to civil trespass and or EA offences.
    But besides all the legal technicalities the police are likely to set their objectives by the crimes they are aware of, I would guess that burglary, assault against persons, drugs are likely to be higher on their objectives.

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