Bait Digging – The legal background London, 24 th September 2013 Experts in Marine Environmental Law

Overview Legal Status of the right to dig for bait Anderson –v- Alnwick District Council [1993] 1 WLR 1156 – the leading case on the subject Differences between commercial and private bait digging Legality of the restriction on the right to dig bait

The Right to dig for bait The right was exercised without legal challenge until a key factor Common Law and Case Law Anderson –v- Alnwick case

Anderson –v- Alnwick Background The key issues –The Map and legitimacy of the byelaws – Per curiam - The legal status of the right to dig bait The public right to fish The seashore Worms not fish! – but see MACA 2009 Public right to dig bait is recognised as ancillary to public right of fishery BUT………….

…the Right to dig for bait is not unrestricted Can not be exercised at any time or place Must be directly related to actual or intended exercise of the public right to fish Taking for commercial purposes is not justified Commercial – “a question of fact and degree for the justices to decide”

Restrictions on the Right to dig for bait Common Law rights are still subject to control IFCA – byelaws Worms are “Sea Fisheries Resources” –Animals and plants that live in the sea s.153(10) MACA –Sea = Area submerged at mean high water spring tides IFCA may legislate to prevent or control exploitation of Sea fisheries Resources whether commercial or not s.153 (12) MACA

Conclusions The right to dig bait is a right recognised at law It is ancillary to the public right of fishery The right only exists if directly related to exercise of public right No right to dig for commercial purposes Commercial/Private is a matter of fact and degree In any event the right is subject to restriction