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 thirteen 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.
NOTE: For the purposes of this Bye-Law, 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
c) any other properly authorised Bailiff; or
d) 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.
(Note: Members who have recently joined or re-joined on-line and have not yet received their membership, may be allowed to fish at the discretion of a bailiff, if they can provide a hard copy of their email receipt as proof of membership, a mobile 'phone screenshot copy is not acceptable)
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 be required to 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, with the exception of any invasive non-native species. 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 current 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 game fish,
NOTE: For the purposes of this Bye-law, Salmon and trout anglers must familiarise themselves and comply with the current Environment Agency national bylaws regarding hooks and the type of bait that is permissible at the time of fishing.
(b) any gaff or salmon tailer,
(c) any bait which is prohibited by the National bye-laws during the coarse fish close season on rivers.
(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 is permitted from a boat moored to the towpath side of the canal.
C.7 Fishing Canals
The fishing in all BAA controlled canals extends over the full width of the canal, however fishing is only permitted from the towpath side. It shall constitute an offence for any member to fish from anywhere other than the official towpath.
C.8 Landing Nets
Every member, whilst fishing in Association water, shall have ready to use, a landing net suitable for the purpose.
C.9 Rod Licences
It shall be an offence for any BAA member to fish in Association water without being in possession of an appropriate, valid, Environment Agency rod licence.
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) It shall constitute an offence under this bye-law, punishable by the maximum fine of £200 and or exclusion from the Association, for any member to wilfully leave or discard any fishing tackle, litter or any other item on any Association owned or controlled property.
No member shall light any fire for any purpose on any property belonging to or controlled by the Association without the express permission of the Executive Committee. (This Bye-Law does not apply to cooking stoves, or small portable barbecues.)
No member shall take any dog onto any property owned or controlled by the Association.
No member shall take any airguns or firearm on to any property belonging to or controlled by the Association without the express consent of the Executive Committee.
D.7 Camping and Caravans
No member shall camp, or park any caravan, motorhome, camper or similar vehicle, overnight on any car park or other property owned or controlled by the Association. (This bye-law does not apply to members fishing with an authorised Night Permit)
Every member shall close any gate on the Association’s property or on the property of any other person through which they have passed when approaching or leaving the Association’s waters.
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 and Property.
(a) Members shall not damage any crops growing on property belonging to either the Association or any other person.
(b) Members shall not damage any property belonging to either the Association or to any other person.
D.11 Car Parks
Members shall not 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, anywhere other than the parking places shown in the Association’s Guide.
D.12 Dishonoured Cheques
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 under the bye-laws of the Association:
(a) to require any member to produce his Association membership card and Environment
(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,
(c) to direct any member to comply with any of the Association’s Bye-Laws and Regulations,
(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 Alleged Breach of Regulations is Notified
Where it appears to the Association’s General Purposes Committee that a member may have committed a breach of any of these Regulations, then the Chairman of the GPC shall serve notice on such member, details of the alleged offence(s) and the procedure for dealing with the matter.
Members shall be requested to either:
(a) Admit to the alleged offence(s) and agree to allow the General Purposes Committee to deal with the matter in their absence and without a formal hearing. Members may submit whatever written or verbal evidence they may wish to the Committee in mitigation of the alleged breach of the bye-laws. Or
(b) Deny the alleged offence(s) and give notice to the committee within 14 days of service of the allegations, that they wish to appear before the committee to give evidence in person.
Failure to respond to any notice of alleged breaches of the bye-laws, will result in the matter being dealt with by the General Purposes Committee at its own discretion.
The General Purposes Committee shall carry out whatever investigation is deemed necessary, following notification of any breach of the bye-laws and deal with such matters as outlined above.
Upon completion of such investigation and / or any personal hearing requested by a member, the committee shall determine any sanction to be imposed on a member.
F.2 Hearing before General Purposes Committee
At any hearing before the General Purposes Committee held at the request of a member under Regulation F.1(b) 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 14 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 or to 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.
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 paid-up members of the Association.
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 holding 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 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).
H HEALTH AND SAFETY
H.1 No member shall undertake any maintenance or other work on any Association controlled land or water where fishing rights are held, without first obtaining permission from the BAA Management Committee.
HEALTH AND SAFETY POLICY STATEMENT
The Directors of Birmingham Anglers Association Limited recognize the paramount importance of the health, safety and welfare of its employees, volunteers and members in the conduct of its affairs.
The Birmingham Anglers Association Limited believes in the active participation of every member of the Association in the promotion, achievement and maintenance of the highest standards of health and safety, in so far as is reasonably practicable.
It is the Birmingham Anglers Association Limited policy to provide and maintain safe and healthy working conditions, equipment and systems of work for members, employees and all those engaged in the business of the Association, and to provide information, instruction, training and supervision as may be required for the purpose of controlling the health and safety risk in and on the Association’s workplaces or other facilities, not excluding its fisheries.
The Birmingham Anglers Association Limited will meet its statutory obligation to employees and other people who may be affected by its activities as required by the relevant Health and Safety legislation.
All staff and members must take reasonable care of their own and others’ health and safety whilst in or on the Association’s workplaces or other facilities, not excluding its fisheries, and must co-operate fully with the Association in all health and safety related matters.
Arrangements for carrying out this policy will incorporate consultation with the Association’s employees and relevant members and reference will be made to practical guidance and approved codes of practice.
The policy and its arrangements will be reviewed and updated, as often as appropriate to ensure the policy’s objectives are achieved. Any revision will be published by the Association and brought to the notice of its employees and members.