SIMON
FACT SHEET NUMBER 6
RUNNING A FISHERY
The way a fishery is run
will depend on the owner. Some
fisheries are purchased to be run commercially. Generally an individual or a company
will purchase and sell the right of fishing to individual anglers. Alternatively fisheries are acquired by
angling clubs or syndicates that will run the fishery on a not for profit
basis.
There are two main models
used for club fisheries. The first
is an unincorporated association with a constitution and rules with trustees
nominated to hold assets belonging to the association.
The alternative model is to
form a company limited by guarantee with nominated officers as members. The company then owns the assets and
holds them on trust for the members who remain members of the association. (See Fact Sheet 3 - Running an Angling
Club for more detail on these issues).
Other fisheries operate as
a syndicate and have a written agreement to regulate how angling takes place.
Ownership of fish in rivers
and lakes can be a vexed issue.
Broadly speaking fish are wild animals and do not belong to anyone until
reduced to possession. (See Fact Sheet 1 - Ownership for a more detailed
consideration of this issue).
Unfortunately fish,
particularly coarse fish, can be prone to disease and this can cause big
problems in still water fisheries when the diseased fish can infect other fish
present in the water and cause major losses. When you buy new fish stocks you are
protected to some degree by the Sale of Goods Act which implies terms into a
contract that goods must be fit for purpose. It is however worth checking the
credentials of suppliers and the terms and conditions they are offering before buying
from them. The Environment Agency
has a useful guide on its website “Buyers Beware a 10 point Code”.
In cases where the fishery
has a raised embankment you may be affected by the provisions of the Reservoirs
Act 1975 that imposes obligations on owners and also occupiers for the safety
of reservoirs. (See also Fact Sheet 11 - Reservoirs).
Owning a fishery brings
responsibility not only to authorized users but also to the public at
large. Public liability insurance
is an essential requirement for all fisheries where members of the public may
be present. Beyond this it may well
be advisable to carry out risk assessments for activities at the fishery
particularly if access is difficult or for working parties.
Disability discrimination
legislation can affect fishery owners making it necessary to make reasonable
adjustments for disabled users.
(See also Fact
Sheet 12 - The Disability Discrimination Act).
Unauthorised users can
cause problems for fishery owners either canoeists or people fishing without
authority. In the latter case there
is a criminal offence of fishing without authority and the Fraud Act also creates
an offence of using a service without payment.
There is a large body of
law about rights between higher and lower river owners. In broad terms a person is allowed to
discharge into a river and take water from it for ordinary uses but not
extraordinary uses. Another owner
cannot complain about the consequences of such “ordinary use”.
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Please note that this fact sheet
is intended to give general guidance on the stated area of law. We cannot accept any responsibility
for the consequences of relying on this fact sheet in relation to particular
circumstances of which we are not aware.
Simon Jackson
Solicitors
The Office
Tyn Celyn
Llansilin
Oswestry
SY10 7JW
Tel: 01691 791439
Fax: 01691
791583
e-mail. srbj@btconnect.com