THE BIRMINGHAM ANGLERS' ASSOCIATION LIMITED
BYE-LAWS AND REGULATIONS
In these Bye-laws the term "Association" shall mean:- The Birmingham Anglers Association Ltd.
In these Bye-Laws and Regulations, the term "member" shall mean:-
An individual who is a Member of the Association within the provisions of Section 2 of the Articles.
A.1 All members shall agree completely and unequivocally to observe the Bye-Laws and Regulations of the Association.
A.2 A subscription of such amount as the Executive Committee may from time to time deem fit shall be paid to the Association by each member.
A.3 All elected Officers and Executive Committee Members must be members of the Association.
A.4 Upon the recommendation of the Management Committee, the Executive Committee may approve free life membership of the Association for any member.
A.5 All persons under the age of seventeen years shall be considered junior members and required to pay subscriptions as shall be determined from time to time by the Executive Committee.
A.6 No persons, other than members or those so authorised, shall be allowed on to Association property or to fish in Association waters.
A. 7 No member under ten years of age, shall be allowed to be present on Association waters unless accompanied by an adult member.
A. 8 Members holding 'Non-Fishing' membership are not permitted to fish in Association waters under any circumstances.
A. 9 It shall constitute an offence for a member to wilfully take, invite or accompany, any person who is not a member, onto Association property or fishing rights.(For the purposes of this clause, it is intended that ignorance of the fact is no defence and that it is the responsibility of individual members to ensure that anyone accompanying them onto Association property or fishing rights has the necessary credentials to do so.)
B POSSESSION OF MEMBERSHIP CARD
B.1 Production of Membership Card
Every member shall at all times when fishing Association waters carry a current Association membership card, and shall produce it on demand to:-
a) any of the Association's Bailiffs or other officials who identifies himself by production of a Bailiff's Warrant or other proper authority; or
b) any other member who identifies himself by production of a current Association membership card; or
any properly authorised Bailiff; or
c) any person being an owner or tenant or the authorised representatives of an owner or tenant of land crossed by Association waters or of any adjoining land.
B.2 Leaving Water on failure to produce Membership Card
Any member unable to produce a current Association membership card when requested to do so according to the provisions of the preceding Regulation shall leave the Association's water forthwith.
B.3 Lending of Membership Card
No member shall lend his Association membership card to any other person for any purpose.
C FISHING ON ASSOCIATION WATERS
C.1 Close Season
Members shall observe the close season for fishing in rivers as laid down in the bye-laws of the Environment Agency.
C.2 Night Fishing
No member shall:
(a) fish the Association's waters at any time other than between one hour before sunrise and one hour after sunset, unless they are in possession of a valid permit to night fish and subject to the terms and conditions contained therein.
(b) be present at the Association's waters except between such hours, unless duly authorised in writing by either the Executive Committee, or the Superintendent Bailiff for the purposes of enforcement of these Regulations.
C.3 Removal of Fish Stocks
No coarse fish shall be removed from Association waters. Members may retain caught fish (with the exception of carp) in a suitable keepnet or keepsack, provided they are returned alive to the water with as little injury as possible, on or before the completion of fishing. Members may remove game fish from Association waters subject to Environment Agency byelaws.
C.4 Prohibited Equipment and Bait
No member shall use on the Association's waters:
(a) any double or treble hooks, except when fishing for pike, zander or spinning for game fish,
(b) any gaff,
(c) any luncheon or similar meat as bait on rivers during the coarse fish close season, except on Association pools which may be open for fishing.
(d) any live fish as bait.
(e) more than two rods at any time and that any rod used must be under the immediate physical control of the angler.
NOTE: for the purpose of this Bye-Law the term rod shall be deemed to represent any instrument to which is attached line for the purpose of catching fish and includes poles and whips.
(This Bye-Law does not affect BAA Contest Rules which state that only one rod may be used at any time during Association run contests.)
C.5 No carp shall be retained in any keepnet, carp sack, or any other vessel, on any Association fishery, with the exception of fish caught whilst participating in a bona fide contest sanctioned by the Association.
C.6 Fishing from boats
(a) The launching of boats or craft of any description from Association controlled banks is strictly prohibited, unless authorised by the Association. (This bye-law does not apply to the use of model boats for the purpose of pre-baiting)
(b) It shall be an offence to fish from any boat or craft, whether moored or under way, on any Association controlled water with the exception of canals where fishing may be allowed from moored boats.
C.7 Landing Nets
Every member, whilst fishing in Association water, shall have ready to use, a landing net suitable for the purpose.
D CONDUCT OF MEMBERS
It shall be an offence to act in an aggressive, abusive or violent manner towards any Association Bailiff, or any duly authorised person acting on behalf of the Association.
(a) No member shall conduct themselves in a manner which, in the opinion of the Executive Committee, shall be likely to cause inconvenience, annoyance or damage to other members of the Association, or to any other person, or to bring the Association into disrepute.
(b) The reservation of fishing pegs, by the leaving or depositing of fishing tackle or property at the waterside, (except for the placing of peg numbers for a bona fide contest) shall constitute an offence under this bye-law.
(a) Every member shall ensure that there is no litter in the area they are fishing or elsewhere on the Association's property or the property of any other person.
(b) Any member found discarding fishing tackle, bottles or cans of any sort shall be guilty of severe misconduct and liable to an appropriate penalty including expulsion from the Association.
No member shall light any fire for any purpose on any property belonging to the Association without the express permission of the Executive Committee. (This Bye-Law does not apply to cooking stoves.)
No member shall take any dog onto the Association's water.
No member shall take any airguns or firearm on to any property belonging to the Association without the express consent of the Executive Committee.
D.7 Camping and Caravans
No member shall camp, or park any caravan on any car park or other property owned or controlled by the Association.
Every member shall close any gate on the Association's property or on the property of any other person through which he has passed when approaching or leaving the Association's water.
Every member shall approach and leave the Association's water by the routes indicated in the Association's Guide, and shall not trespass on property belonging to any other person.
D.10 Damaging Crops
No member shall damage any crops growing on property belonging to the Association or to any other person.
D.11 Car Parks
No member shall park any vehicle:
(a) overnight on any car park or other property owned or controlled by the Association
unless they are in possession of a valid night fishing permit;
(b) so as to obstruct any track or access; or
(c) when fishing the Association's waters, at any place other than the parking places shown
in the Association's Guide, unless such places shall be full or it shall otherwise be impossible to park there.
D.12 Any member paying for goods or services from the Association by a cheque which is subsequently not met by the bank on which it is drawn, shall be guilty of a breach of this Bye-Law, and liable for any charge levied on the Association by it's Bankers, in addition to any penalty imposed by the general purposes committee.
E POWERS OF WATER BAILIFFS
E.1 Powers of Bailiffs
Every Water Bailiff appointed by the Association and issued with a Water Bailiff's Warrant shall be empowered:
(a) to require any member to produce his Association membership card and Environment Agency Licence; and
(b) to require any person unable to produce such membership card or Licence to give his name and address and to cease fishing and to leave the Association's property; and
(c) to direct any member to comply with any of the Association's Bye-Laws and Regulations; and
(d) to carry out and implement such policies and directions as the Executive Committee
may from time to time decide upon or give and to request and require members to comply with the same.
E.2 Members to comply with Bailiffs Requirements
Every member shall comply with the reasonable requirements or directions of the Association's Bailiffs.
E.3 Incorrect Names and Addresses
Every member who shall give to a Bailiff appointed by the Association having cause to request it any incorrect name or address shall be in breach of this Regulation.
E.4 Notification of Breaches of Regulations
Where it appears to a Bailiff appointed by the Association that any member has committed a breach of any of these Regulations, then they shall notify it to the Association's General Purposes Committee.
F DISCIPLINARY PROCEEDINGS
F.1 Procedure where Breach of Regulations is Notified
Where it appears to the Association's General Purposes Committee that a member has committed a breach of any of these Regulations, then the Chairman of the GPC shall serve notice on such member requiring them either:
(a) if they admit the alleged breach, and the General Purposes Committee are prepared to
deal with the matter or by imposing a fine without causing a hearing to be held, to pay within fourteen days to the Association such fine, not exceeding £200, as the notice may specify; or
(b) if they do not admit the alleged breach, to give notice of the fact within fourteen days to
the Association requiring a hearing to be held; or
(c) whether or not they admit the alleged breach, and if the General Purposes Committee are not prepared to deal with the matter without causing a hearing to be held, to appear before the General Purposes Committee at the Association's Headquarters at such time as the notice may specify.
F.2 Hearing before General Purposes Committee
At any hearing before the General Purposes Committee held either at the request of a member under Regulation F.1(b) above or as a result of a decision of that Committee under Regulation F.1(c) above:
(a) the General Purposes Committee may rely on such evidence as it thinks fit in considering the alleged breach or the member's case;
(b) the member may make representations in support of his case;
(c) at the conclusion of the hearing the General Purposes Committee shall notify the member of their decision and, if they shall find that the alleged breach has been committed by the member, of the penalty to be imposed;
(d) in deciding on any penalty for the purpose of Regulation F.2(c) above, the General Purposes Committee may take such course of action or impose such exclusion or suspension from the Association, or such fine not exceeding £200, or such other penalty as it may think fit and the Articles allow.
F.3 Appeal to Executive Committee
(a) a member shall have the right to appeal by notice in writing to the Executive Committee against any decision or part of a decision of the General Purposes Committee taken according to the provisions of Regulation F.2(c) above, such notice to be given to the Executive Committee within fourteen days of the decision of the General Purposes Committee.
(b) the member shall not have the right to attend and be heard on appeal to the Executive Committee without the permission of the Executive Committee, but may submit representations in writing.
(c) The Executive Committee shall consider the decision of the General Purposes Committee, and any representations made by the member, and such evidence as it thinks fit, and shall either confirm the decision of the General Purposes Committee or vary it in whole or in part as it may in its absolute discretion determine.
F.4 Failure to comply with Notice
Every member who shall fail to comply with any notice given under these Regulations requiring him to attend any hearing or pay any fine or do any other thing required to be done pursuant to the provisions of these Regulations:
(a) shall be suspended forthwith from membership of the Association; and
(b) may, by resolution of the Executive Committee, be excluded from the Association.
F.5 Power to Proceed in Member's Absence
If a member shall fail to attend any hearing held pursuant to the provisions of these Regulations and of which notice has been given to him, then the General Purposes Committee or the Executive Committee as the case may be shall have power either to adjourn the hearing, or to proceed in the absence of the member and shall cause notice of their decision to be served on the member within fourteen days of the date of ratification.
F.6 Service of Notice
Any notice referred to in these Regulations shall be regarded as validly served on the seventh day after posting by first class post, if addressed to the member at the address stated in his Association membership card or current address maintained in the Association's records.
G.1 All contests organised by the Association shall be fished in accordance with Rules approved by the Executive Committee. It shall be the responsibility of contestants to acquaint themselves with such rules.
G.2 In order to be eligible to apply for up to five free contests on Association waters in any year, an angling club or society must be registered with the Association, and 100% of it's membership must be fully paid-up individual members of the Association for the year in which the contests are to be held. Registered clubs or societies may also book additional contests, subject to the payment of a peg fee as shall be determined by the Executive committee.
G.3 Contests granted under G.2 (above) shall be by arrangement with the Association General Secretary only, and upon the issuing of a valid permit. Contests may be arranged for any date and at any venue requested by the club or society (compatible to the number of members in the club), subject to availability and Environment Agency bye-laws. Contest permits must be made available for inspection during any contest. Registered clubs and societies may allow none Association members to take part in any contest, provided that such competitors hold a day permit valid for the date of the contest.
G4. Affiliated clubs and societies holding any contest on Association water (whether free or paid for), are responsible for ensuring that all competitors taking part are either paid-up members of the Association, or in the case of none Association members, that they hold a day permit valid for the date of the contest.
G.5 No society shall fish any contest in Association waters without permission as specified above,
except that in the event of an allocated venue being unfishable for whatever reason, then a society may transfer the contest to any unreserved stretch of Association controlled canal, on the same date, provided that individual anglers are not disturbed.
G.6 Any Society which is granted a contest as specified above, and which subsequently does not hold the contest, without reasonable cause, or without giving one months notice in writing to the Secretary, shall be liable for the charge of a peg fee for each of the members within the society, as shall be determined by the Executive Committee. Failure to pay any peg fee levied will result in the Society being prevented from receiving any further contests.
G.7 The Executive Committee or its nominees shall have power to allocate contests on Association waters, to any angling society.
G.8 Angling Societies consisting of none-association members, may book contests on Association waters, by arrangement with the Secretary, and upon payment of a peg fee as determined by the Executive committee.
G.9 No metal, plastic or like material shall be used for pegging out contests in Association waters, and all pegs and peg numbers must be collected at the conclusion of each contest. In the case of BAA organised contests competitors are responsible for removing their peg and ticket and clearing all litter from the vicinity.
G.10 All contests must be fished to a keepnet system. All fish shall be returned alive to the water after weighing-in. All keepnets must conform to Environment Agency Bye-Laws.
G.11 Clubs with a valid contest permit, have the exclusive use of the fishery named on the permit for the date stated, subject to the terms and conditions on the permit.
G.12 It shall constitute an offence for any member (including the holder of a day permit) to fail to vacate any Association venue which is booked for a bona fide contest, when requested to do so by a duly authorised person (including the holder of a valid contest permit for the particular venue).