Ownership of Salmon Fishing Rights

Orkney and Shetland

Udal Law functions here, under which rights to fish belong to the landowners.

Fishing in rivers and estuaries

The right of fishing for salmon has been regarded historically as being vested in the Crown as a heritable title. A number of the net and rod fisheries that are operated in rivers, lochs and estuaries are owned by the Crown. These may be leased to netsmen or anglers or angling clubs and associations. A great many fisheries, both net and rod, are owned by the operators as heritable titles. The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 states, "If any person without legal right, or without written permission from a person having such right, fishes for or takes salmon in any inland waters including any part of the sea within one mile of the mean low water springs, he shall be guilty of an offence...". The Crown right of salmon fishing permits fishing by all lawful methods.

Fishing in the sea

The right of fishing for salmon in the sea includes all territorial waters outside estuary limits. About 30 per cent of net fisheries which may operate in the sea are owned by the Crown - some are not fished at all, but a number of the others are leased to netsmen. A number of coastal fisheries are owned by the operators as heritable titles.

Page updated: Wednesday, July 13, 2011