Fishing a club lake without membership?

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perchlover

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Hi all. Just had a chat about fishing with sokmeone who saw my copy of Angler's mail at work. I asked him about where he fished etc etc and he told me about a club lake he fishes but is not a member of. I asked him if this was ok, which I thought it wasn't. He said, it is ok, no one ever checks. I think I will give that kind of chancing a miss.

Just out of curiosity, what are the fines, risks etc etc of fishing a club lake without being a member? Something I have not come across before,
 

banksy

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An acquaintance of mine regularly fishes club stretches of the Nidd, Wharfe, Swale and Ure, without a permit. On the two occasions he's been challenged, he claimed that he thought it was day ticket on the bank, packed up and left.

It ain't on, IMHO.

I couldn't relax, and would always be looking over my shoulder.
[V]
 

perchlover

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Two occasions. SOunds like he ain't checked much. This is what the fella was saying to me earlier, that nobody checks the lake.
 

spanky

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If the club owns the water and is therefore classed as the Riparian Lan Owner, then they have the legal right to confiscate the tackle of anyone caught fishing illegally.

However, since most waters are leased/rented, this doesnt apply.

Normally most club water are poorly bailiffed and you would just get chucked off, which does not make for much of a deterrent.
 

stemlfc

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I have fished club waters without realising they were actually club waters in the past. No one ever came round and when I was telling friends about this lake I had found that just seems to be empty constantly and they were the first to bring me to knowing I was fishing a club water, I haven't bothered since and won't. It's not on in my opinion.
 

Fishnets

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I wouldn't if I had a thought that it may be a club water, I would't want people fishing waters with no club licene that I had paid to fish! I have a couple of times taken someone on a club water to let them see what it was like, one joined, one didn't. Felt it was worth it for the club.
Are people who fish club waters with no licence the same sort who may not buy a rod licence as we all do?
 

Donfish

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They probably are.I'd never fish a water without a Kermit,One,it's not on,and Two,it's not worth the embarrasment,being kicked off.
 

Barbelcatcher

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Surely, If its good enough to fish its good enough to be a member of.

The other risk, if caught is being permantley black-listed and never getting to become a member.
 

timpe

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Hi Donfish

did you take miss piggy with that Kermit youve got ?? :)

on a more seriouse note i am not sure i agree with some of these club waters , especially when they have a closed shop for Permits and you have to wait for someone to die to get one.. "Welbeck lakes in Notingham" i used to take an old guy there fishing quite a bit as he couldnt go on his own (they let me fish with him.. after he had passed i asked if i could get a permit and was told no, and that i had to go to the back of the waiting list (approx 5 years)
 

Serious Sam

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Well, we had a problem with a member of our local club and he was refused membrship at the next annual renewal - he stuck two fingers up at the committee and continued to fish the lake without a ticket and there was NOTHING that could be done about criminally as it's purely a civil matter (as is trespass).

They consulted lawyers and in the end they hand to issue him some sort of writ banning him from the property but it took months and months, this guy knew his rights.

As such the answer is there's nothing they can do anout it immediately - have very strong doubts you could confiscate someone's gear, how you going to take it ? by force, that'd be assault and you'd land yourself in court.
 

Col7777

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I fished a small pond a few years ago thinking it belonged to the club I was in at the time, the proper pond was just round the corner and I didn't know.
I was never challenged but found out as I was talking to another club member and he told me I should have been round the corner.

But most clubs have a notice or should have saying (***** Angling Club Members only)
So those that do fish without being a member surely read the notice.
 

matty67

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Originally posted by perchlover

I didn't know that they could take fishing gear away.

On our club water we have a cabin which is full of confiscated gear, anyone caught poaching has their gear took of them, and rightly so ,imo...[:T]
 

gibby

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Lets be realistic here, club members have paid, through their subs, with their hard earned cash to stock the water, manage bank side vegetation and clear swims. A number of those members have also contributed their time (which amounts to money at the end of the day) to attend working parties, serve on the committee and carry out the admin tasks that every club has to contend with). If you knowingly fish a club water without being a member, - or purchasing a day ticket, then sorry, but its little better than theft.
 

Thebestboxever

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There are a variety of possible legal issues here.

Using the lake whilst not a member - this would be trespass, which is purely a civil matter. You would need an injunction to prohibit someone from using the lake. Alternatively, it is arguable that you can use 'self-help', ie remove the person yourself without a court order. You could do so I would think if you were acting reasonably. There is no right to take tackle, though you would have the privilege to remove the tackle.

If the person was taking fish, this would amount to a trespass to goods as well as a possible conversion of the fish. Trespass to goods and conversions are chattel torts - wrongs against tangible things. An injunction would be required to prevent occurrence (or possibly, self-help, as above). Damages can be claimed for loss.

If the person is acting dishonestly, then there is a possible theft charge - theft is the dishonest appropriation of property belonging to another with the intent to permanently deprive that person of the property. Possibly there could be an inchoate offence (an attempt) - attempted theft. Another possible crime could be criminal damage (eg if vegetation was damaged, or a lock broken).

This is only a brief summary of potential issues, which depend on the facts considerably, as well as some very tricky legal issues which would take a good few thousand words to explain clearly and effectively.
 

groundhog

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Originally posted by perchlover

I didn't know that they could take fishing gear away.
[:)] Only a fully Authorised Balliff's i.e. E,A, OR a uniformed police officer are empowered to sieze and confiscate tackle, club baliff's have no power to do so, they have no more right's than any civilian or person.
 

perchlover

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Some great answers on this one. Was not sure of the legalities. Has Anyone ever seen an EA Bailiff, as I deffo have not!
 
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