[Eoin Ross]

Hi…hope someone with a knowledge of Scottish angling law can help.  I live
near to a loch which is fished for sea trout
and brown trout. The Loch drains into Scapa Flow(Orkney)
via an outflow channel of about a 100 meters and is fed
by a small burn which has its source some 4km distant.
In hydrographic terms the Loch is  described as
a Lagoon. Its salinity is  variable (between 3ppt-15ppt).
Sea water enters  2 - 3 times a month. The loch is above MHWS and is about 9ha in extent.

At one time the Loch was one of the top sea trout
locations in Orkney and featured in a classic paper
by Herbert Nall. Sadly, those glory days have long gone.
Although sea trout still enter the Loch  they no longer
appear to spawn in the burn. The population of non-anadromous
 trout in the has been sustained by regular annual fry release by our
trout fishing association(OTFA). Now, even this is in doubt due to
policy changes currently being implemented by MSS. The Loch
also contains,eels,flounders and sticklebacks.

Starting last season a group of guys began visiting the Loch;
they all seemed to know one another, although they were never
all together…groups of two to three were .The maximum I saw last season was
five.  Their  MO was and is to fish with heavy duty beach casting rods, fished with large bubble
floats baited with Mackerel strip or worm. Each fisher generally using two
to three rods mounted on rod rests and they stay for hours. I've
had reports that they are keeping everything they catch,including
very undersized fish. This is a tricky issue but I can only speculate
 that they come from a very different angling culture from ours.

The Riparian owner lives in the USA. He is an owner via inheritance. His only suggestion
is that notices be erected forbidding bait fishing. I suspect
this wont happen. Two other folk own farming land bordering the Loch and I'm
not sure what their legal rights /responsibilities are.

I've contacted OTFA but they don't seem interested in helping. Not sure
why. Am I correct in assuming that fishing  in this way is illegal? If it is,who is responsible
for stopping it?  Trout fishing here Orkney is de facto "open access" and there are no
bailiffs . Are trout and sea trout treated differently under the legislation? Is the brackish nature
 of the Loch likely to affect the application of a
legal solution?

[Mike Barrio]

Hi Eoin

Welcome to the forum

I think this would be one for your local clubs and associations to deal with, or whoever is normally responsible for the local rules and regulations ........ I believe it would be the Orkney Trout Fishing Association? https://www.orkneytroutfishing.co.uk/index.html

You didn't say if you were a member of the OTFA ..... If you are not a member of the association, perhaps it would be a good idea to join

Best wishes
Mike

[Eoin Ross]

Thanks, OFTA have been no help at all. That's why I posted on this forum.  Correct me if I'm wrong but Scottish Law applies to the whole country and is not  subject to local variation. I was just looking for some assistance  with understanding the Law.

[Mike Barrio]

You're welcome Eoin.

I'm not sure that a forum is the right place to ask the question if you are looking for a qualified reply to be honest.

In my experience, many aspects of our fishing rules and regulations are indeed subject to local variations under the management of associations, clubs, syndicates, councils and river beat proprietors. I can think of many examples, such as season start & finish dates, no fishing on Sundays, fishing allowed on Sundays, fly only rules, single hook fly only rules, barbless fly only rules, spinning rules for certain dates within the fishing season, spinning rules regarding water height, spinning rules regarding treble/single hooks on lures, bait fishing rules regarding specific dates within the fishing season, rules that say no bait fishing, rules that say bait fishing is only allowed for juniors, etc etc.

Best wishes
Mike

[Allan Liddle]

Hi Eoin
Not sure what to suggest other than speak to OTFA again?
I've always found them a very friendly and fair organisation and open to discussion.
I do know that UDAL (old Norse) law is still utilised somewhat

[Jeremy Cowell]

I moved to Sanday in Orkney a year ago.

As far as I know bait fishing for loch or migratory trout is not illegal in Scotland unless prohibited by a landowner. Also, the use of mackerel strip or earth worm in lieu of a fly is a traditional, and I think widely accepted, method of fishing for sea trout with fly gear. I fish fly only on the Sanday lochs and take some fish for the table (two so far this year at 2lbs and 4lbs). A few other locals occasionally take a trout on fly, spinner or bait. I have no criticism to make of this and do not think the choice of method important. 

On the other hand, I would be horrified to see a party of five anglers regularly bait fishing and keeping everything regardless of size - but this gets a bit subjective. I feel a sense of ownership over the trout on "my" island and a sense of comradeship with neighbours who eat the occasional fish, but where to draw the line ? The quality of fishing here has been sustained by two things: OTFA stocking the lochs and the fact that tourist anglers are often advocates of catch and release.

To me, the crucial issue is whether the take is sustainable. I understand that OTFA are having difficulty gaining permission for any future stocking of the Sanday lochs, on the grounds that introduced fry are from the Mainland lochs and will therefore adulterate the gene pool, even though there is no evidence of a trout population before stocking began, the existing fish are  non-local in origin and they are presumed to be unable to breed here.

I would like to see stocking reinstated and OTFA's advisory rules actually made into local law (e.g., anglers on trophy lochs to keep no more than two fish per day and none under 2lbs).