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  1. #1

    Default Is worm fishing banned on Tay System?

    I fish mainly on the River Earn.
    The beat I fish is not really suited to fly fishing so I along with nearly everyone else on it use the worm.

    Can anyone here tell me whether the new TDSFB code on no fishing with the worm in September/Ocober is a rule or a guidline.

    The papers are saying there is a ban on it but the TDSFB site makes it look like it can still be used but they'd prefer you didn't.

    What's the right story?

  2. #2
    Join Date
    Oct 2007
    Location
    Birnam
    Posts
    6,472

    Default

    its not banned. its just a recommendation!

  3. #3

    Default

    from what i hear dunning are still ok with worming.
    crieff are ok if you use circle hooks.
    not to sure about the rest
    think it will be recomendations on kinkell and some others. which beat do you fish? i can phone around.

  4. #4

    Default

    Thanks martin & weecast,

    Mainly fish on the Freelands beat.
    Asked the farmer there about it a few weeks back and he thought it was just a recommendation but then read a piece in the daily record which said worm was banned in September & October.

    Wanted to know the right story before parting with my cash
    Last edited by Earn Fisher; 24-01-2008 at 01:07 PM.

  5. #5

    Default

    freelands eh
    it will be up to Fraser himself as far as i know. as i say dunning laughed it off at there agm and they have better fly water. (same they have a huge waiting list)
    ps u will prob know my uncle (unless it is my uncle)

  6. #6
    Join Date
    Nov 2007
    Location
    Blairgowrie
    Posts
    228

    Default

    Most of the riparian owners on the Tay have agreed That the only time you can fish the worm is during the months of June July and August...
    These are NOT recommendations they are written into the terms of let,it is quite likely to be followed in the Earn area as well ,I reckon. It would wise to find out before the 1st,, Mind you,you'd be fine if Martin was still in the Tay area it seems
    Smile,its catching

  7. #7
    Join Date
    Oct 2007
    Location
    Birnam
    Posts
    6,472

    Default

    Quote Originally Posted by kercock View Post
    Most of the riparian owners on the Tay have agreed That the only time you can fish the worm is during the months of June July and August...
    These are NOT recommendations they are written into the terms of let,it is quite likely to be followed in the Earn area as well ,I reckon. It would wise to find out before the 1st,, Mind you,you'd be fine if Martin was still in the Tay area it seems

    Dennis the earn clubs wont ban it. Its all that you can fish on a lot of the beats.

    So with it been written into the terms of let. are you expecting everyone fishing the worm to be charged with poaching???????

  8. #8
    Join Date
    Oct 2007
    Location
    Birnam
    Posts
    6,472

    Default

    Dennis

    Is the killin ac banning the worm???

    What beats have it written into the terms of let???????
    Last edited by martin; 26-01-2008 at 09:19 PM.

  9. #9

    Default

    im a member of the stormount ac and they have a small section for spinning and worm. i have never wormed or spun it myself but if the rules change there will be a few angry members i would say?. also never heard through post that the worm was banned

  10. #10
    Join Date
    Oct 2007
    Location
    Birnam
    Posts
    6,472

    Default

    Quote Originally Posted by Culbuie View Post
    As a matter of law it is an arguable point whether fishing in a way not allowed by the lease you are fishing under is "poaching". The Salmon & Freshwater Fisheries (Scotland) Act 1951 s.1 makes it an offence to fish without lawful right or written permission.
    "Lawful right" means basically that you own the fishing.
    "Written permission" is the terms of the lease you fish under if you are a tenant, or the club rules, if you are a member/guest of an angling club.
    Fishing with worm, then, if the lease forbids it could be a contravention of s.1, and therefore a criminal offence. The maximum fine is, I think, 5.000.
    The more immediate sanction is that a lease is a contract between you and the landlord, the other party to the lease. If you (the tenant) breach that contract, (by fishing in a way you have agreed not to, or, for example killing the first fish of the day when the lease says it is to be returned) then you are in breach of the contract and the landlord(or his agent, i.e. the gillie) is entitled to terminate the contract.
    In short, fish worm when you have agreed not to and you could well find yourself going home early.
    The question of whether you were due a refund for time not fished is debatable, and will make some lawyers somewhere better off. My money would be on the landlord.
    Culbuie

    As you state doing so would terminate the contract, there for until that point teh angler has not been poaching, if he casts arfter this point he is poaching. Its not illegal until after the termination of permit.

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