Multifilament/Monofilament netting
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Thread: Multifilament/Monofilament netting

  1. #1

    Default Multifilament/Monofilament netting

    I could really do with some urgent advice and maybe the name of a good lawyer specialising in fishing/maritime disputes. I am a haaf netter on the River Nith on the Solway Firth on the Scottish side. We have been using multifilament netting for about 10 years now, all of a sudden The Nith District Salmon Fisheries Board have decided they are illegal!!! They have taken legal advice and inform us that monofilament in the construction of a net is illegal. I have told them we do not use mono but multi, they reply doesn't matter it's the same thing!!! I quote from Statutory Instrument 1992 No 1974 (S.201)
    Part II regulation 8. "No monofilament netting shall be used in the construction of any net in fishing for or taking salmon". Who is right them or me??? They will not be happy until they have wiped us off the face of tne map!!! Any advice will be gratefully received!!! :
    Last edited by willoughby; 30th March 2009 at 15:09. Reason: spelling error

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    Monofilament means a single strand of nylon to form the meshes and multi-mono means more than one strand , usually a twisted 3 or 4 strand twine. They are wrong in law and they know it. Contact the local Fishery Office and get their rules ( same ones that are in force for Cod nets it was the same legislation ) and present it to the council and tell them to shove it up where the sun don't shine !!!!

  3. #3

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    Already done that Davie with Fisheries in Ayr. The first time I rang them they said I was in the right. When I spoke to them about a week later they said they had no jurisdiction on the River Nith, tidal or not.

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    All you need is the legal definition of what is monofilament and what is multi-monofilament which is in the act that covers the Cod nets in Scotland. The council cannot just decide to change what something means because they feel like it. You need a copy of the act which will set out in law what is the difference and they will have to back down. Go to your local Citizens Rights office and get their free legal advice.

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    Willoughby
    A word of advice from experience, when you contact these people try to use letter or E-Mail so that there is a definate record of what has been said by all parties involved, it also gives you the chance to go back over any issues about the argument. By contacting them in this way they are obliged to answer your correspondence within a specified time also..............the trouble with phone conversations is that the discussion cannot be verified unless it is recorded. Then you have the problem of getting a copy of the recording for your own records..........
    Kind Regards
    Keith

  6. #6

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    Thanks for that Keith. I have also written to Fisheries so I should get a reply shortly. Davie have you got the number of the act that gives you the legal definition of multi and mono?
    Last edited by willoughby; 30th March 2009 at 16:00. Reason: wrong name

  7. #7
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    http://www.opsi.gov.uk/si/si1996/Uksi_19961907_en_1.htm

    Statutory Instrument 1996 No. 1907 (S.157)
    Quote Originally Posted by UK Government
    The Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996

    © Crown Copyright 1996

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    STATUTORY INSTRUMENTS

    1996 No. 1907 (S.157)

    SEA FISHERIES

    The Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996
    Made 15th July 1996
    Laid before Parliament 23rd July 1996
    Coming into force 12th August 1996

    The Secretary of State, in exercise of the powers conferred on him by sections 1 and 2 of the Inshore Fishing (Scotland) Act 1984[1] and of all other powers enabling him in that behalf and having consulted such bodies as he considers appropriate, hereby makes the following Order:

    Citation, commencement and interpretation
    1.—(1) This Order may be cited as the Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 and shall come into force on 12th August 1996.

    (2) In this Order-
    "monofilament gill net" means any net designed for the purpose of catching fish by enmeshing them, containing any mesh the sides of which consist of a single filament of synthetic material; and
    "specified area" means that area adjacent to the coast of Scotland and to the landward of a limit of six miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high water mark of ordinary spring tides, bounded on the east coast by a straight line extending seawards from a point on the mainland at 55E 48N.67 North latitude and 02E 02N.0 West longitude, in a direction of 055E true to the point where it would intersect the outer limit of Scottish inshore waters and excluding on the west coast any waters which are nearer to any point on the coasts of England or Northern Ireland than to any point on the coast of Scotland.

    Prohibition of fishing with monofilament gill nets
    2. Fishing for sea fish with a monofilament gill net in the specified area is prohibited.

    Prohibition of carriage of monofilament gill nets
    3.—(1) The carriage of monofilament gill net, having a mesh size less than 250 millimetres, for any purpose, in any British fishing boat, in the specified area, is prohibited.

    (2) For the purposes of this Order, the mesh size of a net shall be determined in accordance with the provisions of Commission Regulation (EEC) No.2108/84 laying down detailed rules for determining the mesh size of fishing nets[2].

    Revocation
    4. The Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) (Scotland) Order 1986[3] is hereby revoked.



    Raymond S Robertson

    Parliamentary Under Secretary of State,
    Scottish Office
    St Andrew's House, Edinburgh

    15th July 1996
    There you go in black and white multi-filament is NOT covered by the act

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    Guess what the "quote" they have doesn't even exist in the act !!!!!

    http://www.opsi.gov.uk/RevisedStatut..._19860062_en_1

    Thats the Act they refer to and I cannot even find any reference to monofilament in it at all !!!

    They are lying pure and simple or are they going to say that the official Government website is wrong......

  9. #9

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    Cheers Davie, I really appreciate the info' coming through. This is the regulation I quoted from. Statutory Instrument 1992 No. 1974 (S.201)
    The Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992 - continued

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    PART II


    Regulations made under sections 3 and 10 of the Salmon Act 1986
    Interpretation
    4. In this part of these Regulations—
    "the Commission Regulation" means Commission Regulation (EEC) No 2108/84[6] laying down detailed rules for determining the mesh size of fishing nets;


    "hanging ratio" means the ratio between the length of a portion of rope from which netting is hung and the length of the stretched netting hung from that portion of rope; and for the purpose of this definition "stretched" means fully extended parallel to the rope;


    "monofilament netting" means any netting containing any mesh the sides of which consist of a single filament of synthetic material; and


    "square mesh netting" means netting mounted so that of the two sets of parallel lines formed by the mesh bars one set is parallel to, and the other at right-angles to, the long axis of the net.


    Application of this Part
    5. Regulations 4 to 9 of these Regulations shall apply to any net used in fishing for or taking salmon except a landing net used—
    (a) as an auxiliary to fishing for or taking salmon by rod and line;
    (b) to remove salmon from a bag net, fly net or other stake net.
    Mesh size of net
    6.—(1) Any net used in fishing for or taking salmon shall have a mesh size of not less than 90mm as measured in accordance with regulation 7.

    (2) The setting of two or more nets in any way with the practical effect of reducing the mesh size of the nets used to less than 90mm is hereby prohibited.

    Measurement of mesh size
    7.—(1) For the purposes of these Regulations the mesh size shall be measured in accordance with the provisions of the Commission Regulation.

    (2) In the case of square mesh netting the method set out in article 2(1) and 4 of the Commission Regulation shall not be used but instead the net shall be stretched in the direction of each diagonal of the mesh and the measurement shall be taken of each stretched diagonal, and the size of the mesh shall be taken to be the average of those two measurements, each such measurement being the width of the gauge at the point where the gauge is stopped when using the gauge in accordance with article 2(2) and (3) of the Commission Regulation.

    Material of net
    8. No monofilament netting shall be used in the construction of any net used in fishing for or taking salmon.
    Dimensions and hanging ratio for leader of bag net, fly net or stake net
    9.—(1) The leader of any bag net, fly net or other stake net shall be so mounted that the hanging ratio is at least 66%.

    (2) The length of the leader of any bag net, fly net or other stake net shall not exceed 300m.

    Amendment to the Tweed Fisheries Amendment Act 1859
    10.—(1) Section 12 of the Tweed Fisheries Amendment Act 1859 shall be amended as follows:—
    (a) in the provision and regulation beginning "In every such Stake Net..." for the words "Three Feet" there shall be substituted "90cm"; and
    (b) after the provision and regulation beginning "The netting of the leader..." there shall be inserted the following provisions and regulations:—
    "The nets used in the formation and construction of stake nets and bag nets shall not com prise monofilament netting that is to say any netting containing any mesh, the sides of which consists of a single filament of synthetic material:

    The leader of any bag net or stake net shall not exceed 300m in length." .


    (2) Section 13 of the said Act of 1859 shall be amended as follows:—
    (a) for the words from the beginning to "Seven Inches round" there shall be substituted "It shall not be lawful to shoot, draw or use in the river any net of which the meshes shall be less than 90mm"; and
    (b) after "Rod and Line" there shall be inserted—
    "which mesh size shall be measured in accordance with Commission Regulation (EEC) No 2108/84 (which lays down detailed rules for determining the mesh size of fishing nets) except that in the case of square mesh netting (that is to say netting mounted so that of the 2 sets of parallel lines formed by the mesh bars one set is parallel to and the other at right-angles to the long axis of the net) the method set out in article 2(1) and (4) of the said Commission Regulation shall not be used but instead the net shall be stretched in the direction of each diagonal of the mesh and the measurement shall be taken of each stretched diagonal and the size of the mesh shall be taken to be the average of those 2 measurements, each such measurement being the width of the gauge at the point where the gauge is stopped when using the gauge in accordance with article 2(2) and (3) of the said Commission Regulation;" .



    Salmon Fisheries (Scotland) Act 1862
    11. The Regulations made under section 6(6) of the Salmon Fisheries (Scotland) Act 1862[7] set out as a Byelaw in Schedule E to the Salmon Fisheries (Scotland) Act 1868[8] are hereby revoked.



    Hector Monro

    Parliamentary Under Secretary of State, Scottish Office
    St Andrew's House, Edinburgh

    12th August 1992







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    Notes:


    [6] OJ L194 24.7.84 p.22. back

    [7] 1862 c. 97. back

    [8] 1868 c. 123. back


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    To me it is still a load of rubbish as monofilament netting is not being used!! They are trying to say that monofilament fibres are being used so it is a monofilament net!! I am convinced their case would not stand up in court and am determined to fight it!!!

  10. #10

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    I've just had a phone call from the agent of the landowner who issues my licence saying if I persist in taking legal action they will more than likely revoke my licence. They are really panic-stricken, probably because of the likely publicity. It looks like forget the fishing and make a stand or cave in and keep my ticket!!! I'm going to need time to think about it. Christ what a b----y world we live in!!

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