Post by Izzetafox on Oct 23, 2015 20:46:28 GMT
Right. I am regularly being asked about access to inland waterways for kayak fishing so I will try and give a basic overview of how things stand. There is so much rubbish spouted on Facebook and other forums. If you get it wrong you could end up in the Magistrates Court!
Most important of all is not your navigation or EA rod license, although they do matter a lot, the MOST important thing is to have the consent of the owner of the fishing rights to fish from your kayak and to be in possession of the relevant day/season ticket.
This is for all lake, lochs, canals and rivers. No consent and you commit an offence, it is not GUESTING, it is an OFFENCE under Section 1 of The Theft Act 1968. Not a civil offence but a CRIMINAL offence. You will have a criminal record!
Second is to be in possession of the Environment Agency Rod License. This does not imply any right to fish, Oddly enough it just gives you the right to carry a fishing rod basically. You need a rod license for all waters inland, this includes tidal waterways where you style of fishing indicates you could catch coarse or migratory fish. No matter what inland water you fish you MUST have a rod license, even if you fish a puddle with no fish you still have to have a rod license.
Thirdly and rather confusing....you must have a right of navigation. This does not mean that the water has to be navigable. I know...confusing Huh?
Now by definition 'navigable' waterways are water that carry motorised vessels. Most large rivers and canals have navigable sections. In fact almost all canals are classed as navigable, after all thats why they were created. . With rivers you can look on the Ordnance Survey maps, follow the line of the river and you should be able to see where the last lock is on the river that is often the limit or the first weir without a lock, although this is not guaranteed. A useful site is HERE .
This site is also useful for seeing how far it is between locks. It can be a pain when you launch and go 100yds around the bend and there is a series of locks you have to haul around.
Your Navigation Permit can be obtained either via the Angling Trust but you should be aware that amongst the waters this does not cover are the EA waters in Eastern England and the Norfolk Broads.
The BCU/Canoe England also do one which covers the waters excluded above.
As I said above this is only for the 'navigable' sections. Above the limit of navigation is a contentious area. The BCU suggest all water capable of carrying a water craft and that has done historically IS navigable. The Angling Trust and land owners insist that the right of navigation is owned by the riparian owner of the banks or the owner of the fishing rights. There are regular challenges between the AT and BCU on this matter but neither have the courage to test their beliefs at law. So for this article I am saying that there is NO implicit right of navigation.
So lets assume you have your navigation permit. Now you have to establish who controls the fishing rights. This is where the internet can be your best friend you can usually find the controlling club from there. Now the difficult bit is to contact them and get consent. Also check bankside signage and visit local tackle shops. No signage should not be interpreted as no ownership of fishing rights. I will cover the ways I have managed this in another thread.
A useful bit of information for those hoping to fish canal stretches is that in my work with the Canals and Rivers Trust I have gained consent for kayak fishing on stretches covered by the Waterways Wanders Licence. This is a season ticket running 12 months from the date of purchase and costing £20 and a discount of £10 if you are a member of the AT. DETAILS
This covers all the canals controlled by CRT and not currently leased by a club. Here is a full list of WATERS
Most important of all is not your navigation or EA rod license, although they do matter a lot, the MOST important thing is to have the consent of the owner of the fishing rights to fish from your kayak and to be in possession of the relevant day/season ticket.
This is for all lake, lochs, canals and rivers. No consent and you commit an offence, it is not GUESTING, it is an OFFENCE under Section 1 of The Theft Act 1968. Not a civil offence but a CRIMINAL offence. You will have a criminal record!
Second is to be in possession of the Environment Agency Rod License. This does not imply any right to fish, Oddly enough it just gives you the right to carry a fishing rod basically. You need a rod license for all waters inland, this includes tidal waterways where you style of fishing indicates you could catch coarse or migratory fish. No matter what inland water you fish you MUST have a rod license, even if you fish a puddle with no fish you still have to have a rod license.
Thirdly and rather confusing....you must have a right of navigation. This does not mean that the water has to be navigable. I know...confusing Huh?
Now by definition 'navigable' waterways are water that carry motorised vessels. Most large rivers and canals have navigable sections. In fact almost all canals are classed as navigable, after all thats why they were created. . With rivers you can look on the Ordnance Survey maps, follow the line of the river and you should be able to see where the last lock is on the river that is often the limit or the first weir without a lock, although this is not guaranteed. A useful site is HERE .
This site is also useful for seeing how far it is between locks. It can be a pain when you launch and go 100yds around the bend and there is a series of locks you have to haul around.
Your Navigation Permit can be obtained either via the Angling Trust but you should be aware that amongst the waters this does not cover are the EA waters in Eastern England and the Norfolk Broads.
The BCU/Canoe England also do one which covers the waters excluded above.
As I said above this is only for the 'navigable' sections. Above the limit of navigation is a contentious area. The BCU suggest all water capable of carrying a water craft and that has done historically IS navigable. The Angling Trust and land owners insist that the right of navigation is owned by the riparian owner of the banks or the owner of the fishing rights. There are regular challenges between the AT and BCU on this matter but neither have the courage to test their beliefs at law. So for this article I am saying that there is NO implicit right of navigation.
So lets assume you have your navigation permit. Now you have to establish who controls the fishing rights. This is where the internet can be your best friend you can usually find the controlling club from there. Now the difficult bit is to contact them and get consent. Also check bankside signage and visit local tackle shops. No signage should not be interpreted as no ownership of fishing rights. I will cover the ways I have managed this in another thread.
A useful bit of information for those hoping to fish canal stretches is that in my work with the Canals and Rivers Trust I have gained consent for kayak fishing on stretches covered by the Waterways Wanders Licence. This is a season ticket running 12 months from the date of purchase and costing £20 and a discount of £10 if you are a member of the AT. DETAILS
This covers all the canals controlled by CRT and not currently leased by a club. Here is a full list of WATERS