Single Bank Fishing Scotland - What is the Law?

aenoon

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Thanks Loxie but I am interested in what the law is in Scotland, not England.

Cheers,
Sebastian
Have a read here Sebastian, in particular the reference to a court case.
Applies to salmon fishing, but would most likely be applied to all fishing from single bank.


Regards
Bert
 

bobmiddlepoint

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You can wade to the "middle" and cast as far as you like in any direction (it will be mainly trout fishers casting back under their own bank).
Access from the other bank is by agreement with the other bank.

The "middle" is indeed defined by the thalweg or medium filum and not a line half way between the grassy bits.

Islands need not be a complication. Someone will have deeds saying who owns the island and fishing rights. Where ownership is in doubt (because the island is small or shifting) then the two sides act like grown ups and come to a mutually beneficial agreement which is communicated to any rods let. If they can't manage this then the fishing ought to be confiscated from both sides and given to the public!


Andy
 

Hardrar

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I believe this is an old point of argument going back many decades, that some Riparian land owners can become very tiresome of and solve the problem with the rule “ Single bank fishing, NO WADING” Anyone found wading being banned.
Quite a few syndicates enforce this as a result of anglers bickering about where they could and couldn’t fish- tape measures across the river etc.
I’ve fished many perfectly safely wadeable waters, where this rule is exercised both sides of the border, to prevent the arguments that have happened in the past.
 

williegunn

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You can wade to the "middle" and cast as far as you like in any direction (it will be mainly trout fishers casting back under their own bank).
Access from the other bank is by agreement with the other bank.
Andy
Are you 100% sure on that point, I had always understood you had to have your back to your own bank, I'm talking about fish not trout.
 

Rhithrogena

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Are you 100% sure on that point, I had always understood you had to have your back to your own bank, I'm talking about fish not trout.
It would be hard to fish properly with your back always to your own bank...
I think this is a convention when on a beat with fishers on both sides to avoid confusion as to which side you are fishing from? Convention rather than legal requirement I think....
 

iainmortimer

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Why not? Are you able to share the source of this information? Which law states that this is not allowed?

I am not being flippant, btw. I have been trying to find out the exact letter of the law regarding single bank fishing but so far no one has been able to help.

I can find quite a lot online about England and Wales but my understanding is that the laws in Scotland are different.

Cheers,
Sebastian

Fully understood Sebastian and so I take your questioning as its intended especially as I consider it a grey area that rather than being legal could result in you not being welcomed back.

As with my previous answer, this is simply age old information for me that is often refreshed by ghillies or in fishery rules where each bank is a different beat, particularly on a bigger river where you could be fishing opposite someone else.

I suspect its designed to make it simpler to work out which bank someone is associated with and also to help stop people wading over fish and messing up the pool for a following angler. I doubt it is a legal requirement though and so more likley to be in the same realms as the rule about not jumping into a pool directly in front of another angler, i.e .just good etiquette.
 
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bobmiddlepoint

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Are you 100% sure on that point, I had always understood you had to have your back to your own bank, I'm talking about fish not trout.

You are quite possibly correct but only the most miserable of opposition would insist you retreat to cover a fish which showed inside the line you were wading.

I don’t really have to concern myself with this too much as single bank fishing only occurs on second rate rivers.


Andy
 

baca157

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Have a read here Sebastian, in particular the reference to a court case.
Applies to salmon fishing, but would most likely be applied to all fishing from single bank.


Regards
Bert
Thanks Bert, I did come across Fothringham vs Passmore case last night but I am not entirely sure how to read that ruling. My interpretation is that it's ok to wade out to mid way but there is no law stopping me casting as far as I can from there.


It would be great if someone with more knowledge of lawyerspeak could interpret this ruling for me.

Another question is how do you define the middle? Is the medium filum or the deepest point? Most rivers I fish have a deeper channel under one bank and that's where most of the fish are.

Fully understood Sebastian and so I take your questioning as its intended especially as I consider it a grey area that rather than being legal could result in you not being welcomed back.

As with my previous answer, this is simply age old information for me that is often refreshed by ghillies or in fishery rules where each bank is a different beat, particularly on a bigger river where you could be fishing opposite someone else.

I suspect its designed to make it simpler to work out which bank someone is associated with and also to help stop people wading over fish and messing up the pool for a following angler. I doubt it is a legal requirement though and so more likley to be in the same realms as the rule about not jumping into a pool directly in front of another angler, i.e .just good etiquette.

Thanks Iain. Etiquette explanation makes sense.

I don’t really have to concern myself with this too much as single bank fishing only occurs on second rate rivers.


Andy
I fish some excellent rivers in Scotland which have only single bank fishing in places. Those rivers are Tay, Clyde and Annan - I would class them all as first class trout rivers.

Cheers,
Sebastian
 

Mrtrout

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Are you 100% sure on that point, I had always understood you had to have your back to your own bank, I'm talking about fish not trout.
It’s a very tricky one, some years ago I as wading on my side and casting upstream in our water when the water keeper from the opposite side suddenly appeared, he told me I couldn’t fish towards my bank, I could happily cast over to his side but but not my own?
I respected his views and stopped. I tried to get some advice on this and an ex member on here told me he was correct as quoted by his solicitor.
I recently mentioned this to the secretary of our club and he said he was wrong and you can fish towards your own bank.
The keeper in question has since died so I’m none the wiser TBH.
S.
 

Paul_B

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In Scotland the local laws are always worth looking at before fishing, how would you stop someone fishing under the far bank if the river was only 10yards wide. however that said, and whatever it says, the salmon fisherman has a lot more rights than the poor trout man or woman.
 

bobmiddlepoint

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Another question is how do you define the middle? Is the medium filum or the deepest point? Most rivers I fish have a deeper channel under one bank and that's where most of the fish are.

I fish some excellent rivers in Scotland which have only single bank fishing in places. Those rivers are Tay, Clyde and Annan - I would class them all as first class trout rivers.

Cheers,
Sebastian

The thalweg is the line of the deepest point of the bed and therefore the line of the main flow. This means, for example, that the "middle" is nearer the to the bank on the outside of a bend. Therefore you are quite within your rights to wade up to the middle of the main flow and cast across that deeper channel under the far bank.

Trout eh? Well as long as you keep out of the way of those fishing for fish nobody really cares what you get up to!


Andy
 

baca157

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The thalweg is the line of the deepest point of the bed and therefore the line of the main flow. This means, for example, that the "middle" is nearer the to the bank on the outside of a bend. Therefore you are quite within your rights to wade up to the middle of the main flow and cast across that deeper channel under the far bank.

Trout eh? Well as long as you keep out of the way of those fishing for fish nobody really cares what you get up to!


Andy
Thalweg sounds like the most sensible rule to me.

I don‘t tend to have a problem with those strange folk fishing for fish. They tend to stay well clear of my fishing spots;)

Cheers,
Sebastian
 
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