Fish Theft article AT

In message , Colin Jacobs
writes
AT this week says that "The taking of Freshwater Fish by rod & line for an
anglers own may be perfectly legal even if many anglers do not like this
activity"
Ok now some questions.

1. Does this apply to Club lakes, commercial fisheries & syndicate waters.
Or is this known as Theft.

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."

So as I read that it isn't technically theft on a non-enclosed private
water, but it is still an offence under the theft act.

2. On free stretches does this mean it is not Theft?

Taking "stretches" to imply "river", yes. It may still be illegal,
however, depending on who owns the water. Permission to fish for free
does not guarantee permission to take fish away, and free fishing does
not necessarily mean that nobody owns the stretch.

3. I have taken the odd Pike & eaten ie 5lb Jacks certainly no bigger, has
anyone else eaten any other freshwater fish?

I've eaten pike, perch, zander and whitefish (the latter three not in
the UK). And trout, rainbow and brown, obviously.

--
Steve Walker