Inland Waters includes all rivers
above estuary limits and their tributary streams, and
all waters, watercourses and lochs whether natural or
artificial which drain or drain to some extent into the
sea.
[definition in the Salmon and Freshwater
Fisheries (Protection) (Scotland) Act 1951]
Rod and Line
The 1951 Act states that, "No person shall fish for or
take salmon in any inland water, except by rod and line or
by net and coble" and "No person shall fish for or take
freshwater fish in any inland water except by rod and
line". Some exceptions do, however, exist - the use of
cruives for catching salmon, and nets for catching trout
(only in ponds or lochs where all proprietors are so
agreed), is permitted; and the use of a trap, or net, for
catching freshwater fish, other than trout, is permitted
(restricted only to owners or occupiers).
The definition of rod
and line as given in the 1951 Act is "single rod and line
with such bait or lure as is lawful at the passing of this
Act and, in the case of fishing for salmon in an area to
which and at a time during which regulations made under
section 8 of the Salmon Act 1986 apply, is not specified in
such regulations in respect of that area and time." This
causes practical difficulties for coarse anglers. The
prohibition of the use of set lines, which was first
enacted in the Fisheries (Scotland) Act 1860, was retained
by the 1951 Act. Common practices in angling for coarse
fish include 'ledgering', where a bait or baits are fished
using a weighted line, the rod being set on a rod rest.
It can be usual for coarse anglers to set several lines
when fishing for coarse fish. The courts have determined
that laying down a rod and leaving it supported on a rock
or stone constitutes fishing with a set line. This would
apply equally to the use of a rod rest. Thus, anyone who
fishes for coarse fish in Scotland using accepted methods
for that branch of the sport runs the risk of being charged
with fishing illegally.
In practice, rod and line fishing precludes the use
of:
- any fish roe, or light, as a lure;
- double-rod or cross-line fishing, use of set-lines
(even if the line is attached to a rod), use of an
otter or striking the fish with a hook (sniggering or
dragging).
Net and Coble
The definition in The Salmon (Definition of
Methods of Net
Fishing and Construction of Nets) (Scotland) Regulations
1992, as amended by SI 1993/257 and SI 1994 111(4), is as
follows: "fishing for or taking salmon by net and coble
means the use of a sweep net, paid out from a boat, and
worked from the bank or shore or from waters adjacent to
the bank or shore, whereby the salmon are surrounded by the
net and drawn to the bank or shore, provided that-
(i) the net and any warps are not made
or held stationary, nor allowed to remain
stationary, nor allowed to drift with the current
or tide, but are both paid out and hauled in as
quickly as practicable and kept in unchecked motion
under the effectual command and control of the
fisherman, for the purpose of enclosing the salmon
within the sweep of the net and drawing them to the
bank or shore;
(ii) no stakes, dykes, other obstructive
devices or other nets are used in association with the
net;
(iii) the water is not disturbed by
throwing of stones or other objects, or splashing or
other activity in order to drive salmon into the area
to be swept by the net;
(iv) the net shall not come within 50
metres of any other such net already being paid out or
hauled, until the last mentioned net has been fully
hauled in to the bank or shore; and
(v) the net is not designed or constructed
for the purpose of catching fish by enmeshing them"
Cruives
A Cruive is an old form of fish trap, operated in
rivers, and at one time, estuaries, consisting of an
enclosure of stakes or wicker-work and sometimes set in a
rubble dyke. As developed for salmon fishing they consist
of a more-or-less rectangular box-trap, with inscales, set
in a stone dyke across a river. The use of cruives in
estuaries has been firmly prohibited since the 15th
century.
Cruives can only be operated under special grant from
the Crown and no new grants have been made for many
years.
Fixed Engine
Bag Net, fly net or other stake net
Fixed engines include bag nets,
fly nets and other stake nets. Bag nets are fished usually
in deep water and are held in position by floats and
anchors. Stake nets are usually fished on sandy shores
into which the stakes which support the gear are
driven.
The definition in The Salmon (Definition of Methods
of Net Fishing and Construction of Nets) (Scotland)
Regulations 1992, as amended by SI 1993/257 and SI 1994
111(4) is, "fishing for or taking salmon by bag net, fly
net or other stake net means the use of a fish trap
(including the use of a landing net to remove salmon from
such a trap) consisting of one or more fish courts and
associated inscales and wings, together with a leader net
designed to lead the salmon into the trap; the whole of
which is fixed or moored to the shore or seabed; provided
that -
(i) no part of the
bag net, fly net or other stake net except mooring warps
and anchors shall extend seawards beyond 1300 metres from
the mean low water mark; and
(ii) no part of the net or trap is designed or
constructed for the purpose of catching fish by enmeshing
them."
The Regulations also state that, "No monofilament
netting shall be used in the construction of any net used
in fishing for or taking salmon.", and "Any net used in
fishing for or taking salmon shall have a mesh size of not
less than 90mm as measured in accordance with regulation
7."
Haaf and Poke Nets
Other fixed engines, used in the Solway
Firth, include haaf nets and poke
nets. The haaf is fixed within
an rectangular frame, and is held in the current by the
netsman, who wades in the estuary. The net is lifted when
a salmon enters it. Several fisherman may work together in
line abreast. Poke nets consist of a series of pockets of
net mounted in lines on poles and set across the tide.
Fish are trapped in the pockets as the tides recedes.