Protocol - single bank fishing

forssangler

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Hi, can anyone clarify for me if there is any accepted protocol to be observed when fishing a river and you only have access to one side and the other side of the river is in different ownership?
I recently fished a beat on the Nith where just such a situation exists and whilst observing the usual rules of going in after other rods fishing the pool, and moving a step between each cast I heard mutterings from the other bank because I was casting my fly pretty well all the way across the river (as you have to to cover the stream where fish lie) and not sticking to my half.
As I was a guest and not sure of my ground I just ignored the comments but it has niggled me since and I wonder if anyone has any advice on this matter.

Ken
 

Stuart B

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Hi, can anyone clarify for me if there is any accepted protocol to be observed when fishing a river and you only have access to one side and the other side of the river is in different ownership?
I recently fished a beat on the Nith where just such a situation exists and whilst observing the usual rules of going in after other rods fishing the pool, and moving a step between each cast I heard mutterings from the other bank because I was casting my fly pretty well all the way across the river (as you have to to cover the stream where fish lie) and not sticking to my half.
As I was a guest and not sure of my ground I just ignored the comments but it has niggled me since and I wonder if anyone has any advice on this matter.

Ken
I'm pretty sure if the two banks are different owners then you fish only to halfway .
 
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Dunbar

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You are permitted to cast your fly to the other bank, as they are entitled to do so to your bank. You should not cross the imaginary central line in the river (medium filum). That's the legal position, etiquette of course comes into it, if its a small river, I generally wouldn't go in below someone who happened to be fishing on the opposite bank. In short, I would generally behave as if they were fishing on my bank.

It sounds like you were doing nothing wrong.
 

forssangler

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Thats pretty much as I thought it would be, and anyway, I try to be a courteous angler and observe good practice. Lifes too short to let agro intrude upon precious time on the riverbank.

Many thanks for the clarification / advice. Appreciated
 

charlieH

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You are permitted to cast your fly to the other bank, as they are entitled to do so to your bank. You should not cross the imaginary central line in the river (medium filum). That's the legal position

Quite so. Next time you hear muttering from the opposite bank, just remind them of their lordships' judgement in Fothringham v Passmore.

http://www.ros.gov.uk/foi/legal/text/ch45~1.html
 

compagnito

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Ay but I'm thinking that the above applies only to Scotland?

In England I believe you may fish to the centre of the river unless there is a reciprocal agreement.

I am certainly a member of a club where you may only cast to the centre.
 

charlieH

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The original question referred to the Nith, so F v P should certainly hold there.

However, although I'm not a lawyer, I think it would probably also apply in England. F v P was decided in the House of Lords, which was the highest court (before its recent replacement) for both legal systems. As such, it seems likely that the same view would be taken if a case was brought under English law.

I certainly know of an instance where a few years ago the new owner of a single bank fishery tried to prevent his English opposition from casting beyond the middle line, though both sides had customarily done so for many years previously. When his attention was drawn to F v P he shut up and no more was heard on the subject.

It may be that your club has come to an agreement with its opposition that each side should only fish its own water. It might not be enforceable in law if one or other decided to break the agreement.
 

yellabelly

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What is the Medium Filum. Is it the halfway point between the two banks or the halfway point between the waterlines to each side. In low water you could have a gravel bank from one side extending out to beyond midway between the banks leaving water only in the deep run on the far side thus leaving you no water to fish.
If it is halfway across the water itself, in this example you would be standing 3/4 of the way across to fish the run under far bank
 

Denfield Bud

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Protocol

You were quite right with your actions.Most guys i know would wait until the fisher on the opposite bank was halfway down the pool and then start at the top and work your way down not forgetting to step and cast,keeping a good distance from the other fisher so you are not accused of pushing them on,this can be frustrating if they are fishing slowey.You cant wait any longer to start as most good pools will have someone waiting to start on both banks.It works well if everyone is patient and takes there turn.Good LUCK.
 

Souwester

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So, in law, rather than in gentlemanly behaviour, how does one stand if wading the centre line and casts to ones own bank?

Pond.Olive,

In law, if you only have single bank fishing and you cast to your own bank, you would be breaking it.


Souwester
 

yellabelly

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Still don't know what is the centre line (Medium Filum). Is it the halfway point of the river bed or the halfway point of the water. As I mentioned in previous post in this thread, in low water conditions where a gravel bank is on your side, you could be standing on dry land in the centre of the river bed trying to reach the water in the run under the far bank
 
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