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To pick up on some of the points you make ? Yes we are talking about canals and not rivers and yes the CRT own the fish in the canals
So if they own the fish in the canal , Which includes zander and they clearly state that zander when caught are not to be returned . If a BAA bailff comes across a BAA member who has killed and not returned a zander alive to the canal . I would assume that bailff has no powers to report that member or take away his membership ? Its the CRT who own that fish and not the BAA .
If the police were called and the BAA member was questioned about stealing zander from a stretch of canal that the BAA have the fishing rights to . The BAA member would simply reply, That the zander did not belong to the BAA so a crime of fish theft had not taked place and in fact the zander is owned the the CRT ,and they clearly state that zander should not be returnd alive to the canal.
If the BAA decided to take further action against the BAA member and decided to take disciplinary action against the BAA member for breaking the BAA bye law which states that any zander caught must be returned alive to the canal ?
So some time in the future the BAA member gets a letter through the post giving a date for the hearing of the disclinary hearing , The BAA member turns up at the meeting with his solicitor and a representive of the CRN . They would simply argue there was no case answer . Firstly because the zander that was caught was owned by the CRN and not the BAA and the BAA member was following the rules as set by the CRN and the BAA have no legal right to take away the BAA membership .
One other point I would like to make . The BAA is a Ltd company and they have to run by a leagal frame work of rules, laws and regulations etc etc . So my question is by telling members that all zander must be returned alive when caught from a canal . Would they be in breach of any laws , rules and regulations when by insisting that all zander when caught from a canal must be returned alive . When clearly the CRT clearly state that No zander are to be returned alive to the canal system ?
Posted on July 21, 2021 at 12:59 PM
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Lets say a BAA member goes zander fishing on one of the BAA canals, He catches one zander and he knows the Canal &River Trust clearly state that it is illegal to return zander to the canal .
So he kills it and puts in a plastic bag to take home to cook ?
A short time later he is approached by a BAA bailiff first of all he is accused of breaking a BAA bye-law by not returning the zander to the canal and secondly he is accused of fish theft and the police are called
The police arrive a short time later and the bailiff explains that by killing the zander with the intension of taking the fish home . He is committing a crime of fish theft ? He is then arrested and taken to the police station where he is charged with illegally taking a fish with out the owners consent ?
The question being who is the legal owner of that zander ? Is it the Canal & River Trust or the BAA ? He is released on bail and awaits a court hearing for the charge of fish theft ?
The day of the court hearing arrives and the guy turns up with is solicitor . When asked if he pleads guilty or not guilty He pleads not guilty to the charge of fish theft.
His solicitor then stands up and explains that he has no charge to answer to and the case should be thrown out out court . He explains to the court that he has not committed any offence because according to the rules stated on the Canal & River Trust website it clearly states that
it is illegal to return zander to the canal system ? and the BAA insisting that all zander caught from a canal would be asking for some one to commit a act that was deemed illegal as stated on the Canal & River Trust website ?
Posted on July 21, 2021 at 12:07 AM
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