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