AN angler yesterday lost the first stage in his legal action to
establish the ''historic right'' of Scots to fish for trout in public
rivers.
A Judge granted an interim interdict to the Gordon Lennox family to
ban Mr Derek Keith from fishing for trout on a stretch of the Spey near
the family seat at Gordon Castle, Fochabers.
After the decision by Lord Penrose at the Court of Session, Mr Keith,
of Restalrig Drive, Edinburgh, said the decision had been expected since
the Judge was bound by an earlier decision in 1894.
This could be overturned only by an appeal court and he now intended
to take the case to appeal.
He added: ''Until 1894 there was a right to fish public, navigable
rivers such as the Spey. That right was taken away in Victorian times by
landed Judges.''
Mr Keith, secretary of Scapa, the Scottish Campaign for Public
Angling, added that times had now changed and he hoped the appeal court
would recognise this by opening up public rivers for trout fishing.
Major General Bernard Gordon Lennox, of Eversley, Hampshire; Lady
Nancy Gordon Lennox, of Gordon Castle, Fochabers, and Colonel David
Gordon Lennox, of Bury St Edmunds, Suffolk, asked the court for an order
banning Mr Keith from fishing on the Spey without permission.
The Gordon Lennox family was granted a 99-year lease by the Crown in
the 1950s giving the exclusive right to fish for brown trout from both
banks of the Spey in a stretch known as Castle Water. Castle Water is
let to a salmon fishing tenant.
The Crown also let the right of rod fishing and angling for salmon on
Brae Water, which lies immediately above Castle Water, and is also let
for salmon fishing. The lease gave control of trout fishing to the
Gordon Lennox family.
In a letter sent to the clerk of the Spey district fishery board last
September, Mr Keith asserted the ''traditional and historic'' right of
Scots to fish for trout without permission.
He said he intended to test the issue in court and would start fishing
on Gordon Castle estate water on September 26.
The Gordon Lennox family says that Mr Keith has been repeatedly warned
that he does not have a right to fish without permission. They argue
that the fact that the Spey is a navigable river does not by itself
establish a right of angling for brown trout in non-tidal waters.
The family fears that Mr Keith would cause considerable embarrassment
and annoyance to salmon fishing tenants on the Spey and disrupt their
fishing activities.
Mr Keith argues that, even if the Gordon Lennoxes have a valid lease
from the Crown, it does not confer an exclusive right, only a right
subject to pre-existing public rights.
He claims that since the Spey is a navigable and public river, access
over a period is all that is needed to allow the public to exercise its
right to fish for trout, which do not belong to anyone while in the
water but become the property of the fishermen who lands them.
Mr Keith says he has repeatedly advocated reponsible, controlled
access to angling and has caused no embarrassment or annoyance or
infringed any legitimate rights.
A spokesman for The Scottish Landowners' Federation said later in
Edinburgh that Major General Lennox had been reluctant to enter into
litigation but he had felt compelled to respond to Mr Keith's public
challenge last September.
''Had Mr Keith's claim to a public right of fishing for trout been
upheld the practical results would have been enormously damaging to all
lawful rod fishing in Scotland.
''Fishing as it is currently enjoyed under properly controlled
arrangements is a major source of recreation and of vital importance to
the local economies of many rural areas of Scotland.
''Accordingly today's decision is important and enormously beneficial
to all those who enjoy rod fishing.''
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