Anglers win River Tay Legal Battle over Rafting

[Editor]

Anglers, spearheaded by the Aberfeldy Angling Club, have won a legal bid to limit rafting on the River Tay in Perthshire.

At Perth Sheriff Court Sheriff Michael Fletcher ruled that whitewater rafters posed, "An unreasonable interference with the rights of anglers.” As a result of the ruling adventure sports on the river will be banned from Monday to Wednesday every week during the salmon season.

In their legal action the angling club argued that:

"The River Tay is the premier angling river in Scotland and that salmon fishing rights are, and have long been, a valuable property right in Scotland. Both the pleasure to be obtained from the fishing, and the value of these rights, are substantially dependent on the quality of the fishing and on the peace and quiet of the river environment.

They are reduced if the fishing is disturbed. There has long been some use of the river by canoeists and kayakers; unlike rafters such users retain control of their vessels and are generally respectful of the rights of others."

Rafters and anglers reached an agreement about river usage in 1994 but the number of rafts increased and the agreement broke down, according to court papers. And anglers claimed the river could be used by up to 70 rafts in one morning; the new decision will cut the number of days rafting from 365 to 248 in a year.

Please find a quote below from Lynn Richmond, Senior Solicitor, Turcan Connell who represented the anglers who raised the action

“Anglers on the River Tay have been successful in a bid under the Land Reform (Scotland) Act 2003 to prevent white water rafting on four stretches of the Tay on prescribed days of the week during the salmon fishing season. The court ruling is the first to regulate access to any stretch of water and embodies the spirit of the right to roam legislation, striking a balance, not only between the rights of those entities with fishing and access rights, but also the fishing and rafting communities with vested commercial interests in the river.

This action is the first of its kind and may well have wider consequences for other Scottish rivers where angling and white water rafting compete for access to the same stretches of river. Among others, the Spey, Garry and Lochy also play host to anglers and white water rafters and this may be the first of several attempts to balance the interests of both the fishing and rafting fraternities.”

Adventure company 'Nae Limits' were set to appeal the ruling and claim that it will have consequences for employment in the area.