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-   -   Is it illegal to take home coarse fish and eat them (http://www.fishingbanter.com/showthread.php?t=19208)

Russ September 15th, 2005 02:03 PM

Is it illegal to take home coarse fish and eat them
 
I am a keen angler and fish throughout the entire year. I'm a big
believer in returning fish as quickly as possible with the minimum
amount of disruption and distress towards the fish. But...
A work college asked if i ever took my catch home to eat, which i
replied absolutely not. He then asked is it against the law, and i
said, well..

So i started to do some research on the subject and i can't find
anything which states you can or can't take fish home to eat. From
rivers that is. The only thing I've found out is that it's illegal to
fish using crayfish as bait, and you can't take fish from private
waters, i.e. poaching.

Maybe there are byelaws for particular areas? Maybe you can take
certain types of fish home, perhaps eels? What about live bait? Can you
fish for say, small roach on rivers and use them in the same area for
live/dead bait? If you can take fish home then what about clubs who
"own" that section of water. Do they have rights to stop people
taking fish home to eat? If anyone can point me in the right direction
then please let me know.

I would like to point out that i'm not advocating or trying to promote
the idea for taking fish home. I'm just curious.


GlasshouseJohn September 15th, 2005 03:34 PM


"Russ" wrote in message
oups.com...
I am a keen angler and fish throughout the entire year. I'm a big
believer in returning fish as quickly as possible with the minimum
amount of disruption and distress towards the fish. But...
A work college asked if i ever took my catch home to eat, which i
replied absolutely not. He then asked is it against the law, and i
said, well..

So i started to do some research on the subject and i can't find
anything which states you can or can't take fish home to eat. From
rivers that is. The only thing I've found out is that it's illegal to
fish using crayfish as bait, and you can't take fish from private
waters, i.e. poaching.

Maybe there are byelaws for particular areas? Maybe you can take
certain types of fish home, perhaps eels? What about live bait? Can you
fish for say, small roach on rivers and use them in the same area for
live/dead bait? If you can take fish home then what about clubs who
"own" that section of water. Do they have rights to stop people
taking fish home to eat? If anyone can point me in the right direction
then please let me know.

I would like to point out that i'm not advocating or trying to promote
the idea for taking fish home. I'm just curious.

I for one would also never consider taking a fish home to eat, it is
probably covered by By-laws.

I'm sure most coarse fishermen in the UK take the catch and release policy.

John H
http://groups.yahoo.com/group/uk_fishing



Steve Walker September 15th, 2005 11:52 PM

In message .com, Russ
writes

Maybe there are byelaws for particular areas? Maybe you can take
certain types of fish home, perhaps eels? What about live bait? Can you
fish for say, small roach on rivers and use them in the same area for
live/dead bait? If you can take fish home then what about clubs who
"own" that section of water. Do they have rights to stop people
taking fish home to eat? If anyone can point me in the right direction
then please let me know.


There is no law against eating coarse fish. What you require is the
consent of the owner of the fishing rights, which is unlikely to be
forthcoming in a managed coarse fishery. The attitude of the manager of
a game fishery to taking coarse fish may be entirely different...

Taking fish (coarse or otherwise) from private water without consent is,
as far as I know, treated as theft.



--
Steve Walker

Richard September 16th, 2005 12:05 AM


"Steve Walker" wrote in message
...
In message .com, Russ
writes

Maybe there are byelaws for particular areas? Maybe you can take
certain types of fish home, perhaps eels? What about live bait? Can you
fish for say, small roach on rivers and use them in the same area for
live/dead bait? If you can take fish home then what about clubs who
"own" that section of water. Do they have rights to stop people
taking fish home to eat? If anyone can point me in the right direction
then please let me know.


There is no law against eating coarse fish. What you require is the
consent of the owner of the fishing rights, which is unlikely to be
forthcoming in a managed coarse fishery. The attitude of the manager of a
game fishery to taking coarse fish may be entirely different...

Taking fish (coarse or otherwise) from private water without consent is,
as far as I know, treated as theft.



--
Steve Walker


Hi Steve,

I agree with that ........... 4 main 'boundaries', namely commercial coarse,
river coarse (in the main) game fishing and sea fishing ............ and of
course (if you extend the discussion beyond the UK) other countries 'local &
accepted' habits/behaviour.

Richard



Russ September 16th, 2005 12:12 PM

So if you are fishing a, "free" water, i.e. a stretch of water which
isn't owned by a club/sole owner etc, then theoretically you can take
home any fish you catch. Or would you have to contact the environment
agency instead as i would assume they become the default owner?


Steve Walker September 16th, 2005 12:43 PM

In message .com, Russ
writes
So if you are fishing a, "free" water, i.e. a stretch of water which
isn't owned by a club/sole owner etc, then theoretically you can take
home any fish you catch. Or would you have to contact the environment
agency instead as i would assume they become the default owner?


I would guess that most free fishing is technically owned by local
councils.

--
Steve Walker

Derek.Moody September 16th, 2005 02:56 PM

In article .com, Russ
wrote:
So if you are fishing a, "free" water, i.e. a stretch of water which
isn't owned by a club/sole owner etc, then theoretically you can take
home any fish you catch. Or would you have to contact the environment
agency instead as i would assume they become the default owner?


Ianal

Paraphrasing from "Anglers' Law", Millichamp, Black. 1987.
(I don't know whether any more recent legislation applies)

Fish in a completely enclosed water in single ownership belong to the owner
of the water. Taking them without permission is theft.

Fish in a water that is not completely enclosed - eg, a river, a lake
connected to a river without a fish-proof barrier, the sea - belong to
no-one, even if stocked they become creatures released into the wild.

As they have no owner it is impossible to steal them. They belong to the
captor. Laws, bylaws and local regulations may restrict what you can do
with your property just as they restrict what you can do with your car.

When you are given permission to fish you agree a civil contract with the
proprietor and that will include further restrictions - breach of these is a
civil law matter.

/Ianal

As far as eating coarse fish goes - about the only one's I'd bother with now
are gudgeon.

Cheerio,

--



Richard September 16th, 2005 05:39 PM


"Russ" wrote in message
oups.com...
So if you are fishing a, "free" water, i.e. a stretch of water which
isn't owned by a club/sole owner etc, then theoretically you can take
home any fish you catch.


snip

No, I didn't say or mean to imply that. I'm not sure what the legal position
is in the UK regarding for example the removal of coarse fish from the types
of water you mention. However, the UK culture for coarse angling is catch
and release so it hasn't really been a major issue in the past .... whether
it will become one in the future is another question.

Richard



Steve Walker September 16th, 2005 06:06 PM

In message , Derek.Moody
writes
In article .com, Russ
wrote:
So if you are fishing a, "free" water, i.e. a stretch of water which
isn't owned by a club/sole owner etc, then theoretically you can take
home any fish you catch. Or would you have to contact the environment
agency instead as i would assume they become the default owner?


Ianal

Paraphrasing from "Anglers' Law", Millichamp, Black. 1987.
(I don't know whether any more recent legislation applies)

Fish in a completely enclosed water in single ownership belong to the owner
of the water. Taking them without permission is theft.

Fish in a water that is not completely enclosed - eg, a river, a lake
connected to a river without a fish-proof barrier, the sea - belong to
no-one, even if stocked they become creatures released into the wild.

As they have no owner it is impossible to steal them. They belong to the
captor. Laws, bylaws and local regulations may restrict what you can do
with your property just as they restrict what you can do with your car.

When you are given permission to fish you agree a civil contract with the
proprietor and that will include further restrictions - breach of these is a
civil law matter.

/Ianal


Hmm. Interesting. It looks to me as if taking fish from an enclosed
water is treated as theft, but as if there is an additional provision
within the act covering taking fish from "private waters". From
http://www.defra.gov.uk/paw/publications/law/4_1_10.htm :

"In England and Wales the Theft Act usually applies to fish in enclosed
waters and breeding tanks where they can be classed as property and not
as wild creatures. Under section 32 of and Schedule 1 to the Theft Act,
however, it is an offence unlawfully to take or destroy or attempt to
take or destroy any fish in private waters. Any person may arrest anyone
who is committing such an offence unless they are using rod and line in
daytime. In all cases conviction for an offence may lead to the
forfeiture or seizure of the fishing tackle involved."


--
Steve Walker

[email protected] September 17th, 2005 10:04 AM

Local councils will have by-laws covering stretches of water that they
are responsible for. These in conjunction with Water authorities which
may have additional laws. I would suspect that taking fish away would
be prohibited and the angler who does so without permission or on
assumption it might be ok should not be allowed to own a rod.

http://piscatorialtimes.blogspot.com/


misterP September 23rd, 2005 07:19 PM

Why Gudgeon???
"Derek.Moody" wrote in message
...
In article .com, Russ
wrote:
So if you are fishing a, "free" water, i.e. a stretch of water which
isn't owned by a club/sole owner etc, then theoretically you can take
home any fish you catch. Or would you have to contact the environment
agency instead as i would assume they become the default owner?


Ianal

Paraphrasing from "Anglers' Law", Millichamp, Black. 1987.
(I don't know whether any more recent legislation applies)

Fish in a completely enclosed water in single ownership belong to the
owner
of the water. Taking them without permission is theft.

Fish in a water that is not completely enclosed - eg, a river, a lake
connected to a river without a fish-proof barrier, the sea - belong to
no-one, even if stocked they become creatures released into the wild.

As they have no owner it is impossible to steal them. They belong to the
captor. Laws, bylaws and local regulations may restrict what you can do
with your property just as they restrict what you can do with your car.

When you are given permission to fish you agree a civil contract with the
proprietor and that will include further restrictions - breach of these is
a
civil law matter.

/Ianal

As far as eating coarse fish goes - about the only one's I'd bother with
now
are gudgeon.

Cheerio,

--





Derek.Moody September 23rd, 2005 07:42 PM


re-ordered to convention.

In article , misterP
wrote:
"Derek.Moody" wrote in message
...


As far as eating coarse fish goes - about the only one's I'd bother with
now
are gudgeon.


Why Gudgeon???


Flavour and texture. When you buy 'goujons' of plaice or sole they're an
attempt to recreate true gudgeon with easier to get sea fish.

Cheerio,

--



Derek.Moody September 24th, 2005 12:52 PM

In article , Alec Powell
wrote:

to be very popular years ago. Now sadly even the gudgeon is becoming
scarce in some rivers.


I've noticed them come and go - they seem to be very dependant on the nature
of the bottom. There's a stretch near here where dredging more or less got
rid of them and now after some more bottom work, they are becoming common
again. All the while another stretch of the same river has had plenty.

Cheerio,

--



Russ September 24th, 2005 08:55 PM

Well thanks for all you comments. Very interesting.

I'm off fishing tomorrow morning. The drains near Ramsey, so hopefully
a few pike, roach, bream will be the catch of the day. And you never
know, maybe even a Gudgen!

Enjoy your fishing.

Russ

Derek.Moody wrote:
In article , Alec Powell
wrote:

to be very popular years ago. Now sadly even the gudgeon is becoming
scarce in some rivers.


I've noticed them come and go - they seem to be very dependant on the nature
of the bottom. There's a stretch near here where dredging more or less got
rid of them and now after some more bottom work, they are becoming common
again. All the while another stretch of the same river has had plenty.

Cheerio,

--



Alec Powell September 24th, 2005 10:21 PM

On Sat, 24 Sep 2005, Russ, gave forth these words of wisdom:
I'm off fishing tomorrow morning. The drains near Ramsey, so hopefully
a few pike

Good luck Russ, and if you manage a 3-4 lb. jack then take it home.
Poach it in plain water with a few herbs added to give it a bit of a
flavour and serve it with a Hollandaise sauce. Lovely! Very
underestimated fish is the pike as far as eating is concerned, (although
some Irish and Polish think more highly of them than salmon :-)
Good luck and tight lines!
Alec
--
Alec Powell
Watlington Oxon. UK





Derek.Moody September 25th, 2005 05:25 PM

In article , Alec Powell
wrote:
On Sat, 24 Sep 2005, Russ, gave forth these words of wisdom:
I'm off fishing tomorrow morning. The drains near Ramsey, so hopefully
a few pike

Good luck Russ, and if you manage a 3-4 lb. jack then take it home.
Poach it in plain water with a few herbs added to give it a bit of a
flavour and serve it with a Hollandaise sauce. Lovely! Very
underestimated fish is the pike as far as eating is concerned, (although
some Irish and Polish think more highly of them than salmon :-)


Imo that's a bit small - still rather soft fleshed and not a lot of flavour.
Roughly 7lb is about right. The problem with pike (and most other coarse
fish) is that they pick up taint from their food - so unless you can get one
that you know has been eating clean-gravel feeders it's often disappointing.

Middle sized trout stream pike are often OK. (And the best size to take to
control the population.) There are a few waters around here where they allow
coarse fishing during the game closed seasons on condition that all pike are
killed. If you actually do kill the big ones you get hundreds of jacks.

Cheerio,

--



John September 25th, 2005 11:38 PM

After gutting always leave overnight in salt water this removes that muddy
flavour.
John.



Derek.Moody September 26th, 2005 12:04 AM

In article , John
wrote:
After gutting always leave overnight in salt water this removes that muddy
flavour.


Trouble is it takes away all the other flavour as well :-(

Cheerio,

--



pehlers42 September 3rd, 2007 04:20 PM

I have beenfishing in the Middle East, Asia and Africa where we used to catch fish to take home and eat!! It is the pleasure of catching the fish plus the pleasure of then cooking and eating them fresh. Much better than the frozen stuff you buy from a fishmonger!! Of course small fish or fish that I do not intend to cook and eat must be released as quickly and as gently as possible.
The culture in the UK seems completely contrary to my perspective and understanding of fishing as I have known it in my 65 years of life, and the whole objective is lost to me!! I may be wrong. However, before I venture out and get myself a rod license and get myself "kitted out" I would like to be sure that, in the process of pursuing one of my hobbies, I break no laws and step on nobody's toes.
In this very interesting thread I have noticed that nobdy seems to know for sure what is and what is not legal!!
I was hoping to be able to go out fishing and bring home a few fish for domestic private consumption!! This could be bream, bass, trout, pike, or eel. I do not like carp as they are too bony!!
Any information and/or guidance in this matter to my email: would be greatly appreciated.

Quote:

Originally Posted by Russ (Post 124502)
I am a keen angler and fish throughout the entire year. I'm a big
believer in returning fish as quickly as possible with the minimum
amount of disruption and distress towards the fish. But...
A work college asked if i ever took my catch home to eat, which i
replied absolutely not. He then asked is it against the law, and i
said, well..

So i started to do some research on the subject and i can't find
anything which states you can or can't take fish home to eat. From
rivers that is. The only thing I've found out is that it's illegal to
fish using crayfish as bait, and you can't take fish from private
waters, i.e. poaching.

Maybe there are byelaws for particular areas? Maybe you can take
certain types of fish home, perhaps eels? What about live bait? Can you
fish for say, small roach on rivers and use them in the same area for
live/dead bait? If you can take fish home then what about clubs who
"own" that section of water. Do they have rights to stop people
taking fish home to eat? If anyone can point me in the right direction
then please let me know.

I would like to point out that i'm not advocating or trying to promote
the idea for taking fish home. I'm just curious.


peterkeviin February 22nd, 2011 06:31 PM

There is no law against eating coarse fish. What you need is for the owner of fishing, which is unlikely to be forthcoming with coarse fisheries management agreement. Of a game to take rough fish fishery manager's attitude may be completely different.

jasonkrezza March 17th, 2011 07:11 PM

No law against eating coarse fish. You need the consent of the owners of fishing rights, this is unlikely to fisheries management in the upcoming rough. The attitude of the manager to take a game fishing rough fish may be completely different.

arraysams April 30th, 2011 07:34 PM

Medium-sized pike trout tends OK. the best size to be taken Control population. There are some in the vicinity they allow Coarse fishing, fishing in the race, on condition that all the Pike Killed. If you really do big, you get to kill hundreds of jack.


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