Fishing and the Law

Scotland has a diverse and rich network of rivers and freshwater lochs. In many areas, the principal species will usually be salmonids, such as brown trout and their migratory form, sea trout. Fish diversity increases significantly further south with waters supporting species such as grayling, pike, perch and roach.  The law relating to brown trout and these species is the same.

There is often a great deal of confusion regarding the rights relating to fishing, particularly trout fishing, in Scotland. ‘Freshwater fish’ are defined as: ‘any fish living in freshwater, including trout and eels and the fry of eels but exclusive of salmon and any kind of fish which migrates between the open sea and tidal waters’.

Brown trout and freshwater fish

Freshwater fishing rights are part of land property rights.  Therefore, if you own the banks of a river or loch you will also have a right to fish for brown trout and other freshwater fish on the adjoining water.  There is no common right of fishing for these species available to the public.

If a landowner finds someone fishing without permission, the only remedy is under the common law of trespass and they may turn that person off his water.  If the person is a repeat offender, the landowner may seek a court interdict.

Protection orders

In addition to the general rule above, waters may be designated a Protection Order (PO) under the Salmon and Freshwater Fisheries (Consolidation) Scotland) Act 2003 and it is a criminal offence to fish for or take brown trout or other freshwater fish from the prescribed area without legal right or written permission. There are fourteen POs are in force in Scotland.

Wardens are appointed under the Act who have powers to inspect permits and seize instruments or articles where there is reasonable suspicion that these have been used in contravention of the PO. For more information on POs, view here.

Salmon

Salmon fishing rights are held separately from land ownership and fishing without the permission of the owner is a criminal offence. For the purposes of the legislation, sea trout are classified as salmon and the same rule above applies to sea trout. There is a common misconception that there is a general right to fish for sea trout in the sea or tidal areas in Scotland. This is incorrect and, as in freshwater, it is a criminal offence to fish for sea trout and salmon in any part of the sea within 1.5km of mean low water springs.

Find out more about salmon fisheries enforcement in our film Crimes Against Salmon.

We have also produced a short public film to describe what fish crime is and how to report it – watch it here.

Under the Land Reform (Scotland) Act 2003, access rights are granted to the public to cross land.  This right must be exercise ‘responsibly’.  The right is not exercisable over land forming part of a ‘private curtilage’ ie the private space around someone’s house nor is it exercisable over fields of sown or growing crops.  The act does not confer any right to fish, which is consistent with the fact that historically Scottish courts have held that lawful access to a private river or loch does not give the public a right to fish.

For more information, view our guidance note: