[Rob Brownfield]

A question for you all...as we all know the Right to Access laws have openned up many waters to canoeists, boaters and the likes. We all also know that the Right to Access does not give the right to fish.

I have a water in mind that had always prevented boats being launched. The fishing is cheap (Pike and Perch) and tickets bought from a local newsagents, not direct from the owner..who is absent, but I want to float tube it and the ticket seller just keeps saying "No boats". Where do you think I stand legally? Other boaters now launch on the water under the Right to Acess law. Surely if I buy a ticket that gives me the right to fish, can I not fish from a boat/tube amoungst the other non fishing boaters?

Do you think I can be asked to leave? Anyone have a clear understanding of the law regarding this?

Ta in advance...

[slippy]

  Hi Rob,  It seems to me that if boaters are now claiming the right to the water, and you have paid for the right to fish, the most anyone can say is do one or the other. I don't know the legal side though.
  No help but I would feel ok about floating it until told differently.

   Regards, derek 

[Dave Gordon]

Hi Rob

I understand where you are coming from but the owner will have put the rule in for a reason. He could claim it is for some H&S reason and if he finds you are in breach of his rules he can have recind your permit and stop you from coming back. He will simply not sell you a ticket in future if you are interpreting a rule which he has made in a way to let you do something he does not want on his water.

By all means try and challenge the ticket seller over this, but i think you already know what the outcome will be.

D

[slippy]

  Hi again Rob.
    Just got back from an early session and had a talk about this with the fishery owner.  She thinks that if it states on your permit no boat fishing that pretty much says it all, but the good lady also said from a legal angle the major point would be for the owner to prove that a float tube was a boat, and not just a bouyancy aid.
    Not worth the hassle if you like the place and intend to fish it regularly 

   On the other hand maybe you could plead baggy waders. 

   Good luck with it and regards, derek