Fishing for info

Do you know who owns the fishing rights on your own land?

It may seem an obvious statement, but if you have water on your land, in the form of a lake or river, and fish in this water, then there are fishing rights attached to your land. It is often the case that the landowner does not own these rights. Joanne Fox finds out where you can learn exactly who owns fishing rights on your land

Do you know if you own the fishing rights to your river of lake? "The question of who owns fishing rights in rivers and lakes adjoining or forming part of farmland around the country is more complex in Ireland than in other jurisdictions,'' said Gerry Collins, manager, Central Fisheries Board Research Unit.

"The common law position is that a landowner whose land adjoins a river or lake also owns the bed, soil and fishing rights to the mid point of the river or lake. However, as a consequence of our history - land agitation, insolvent landlords and the resulting legislation - the situation in Ireland is usually more complex.''

In the late nineteenth and early twentieth century, various Land Acts were introduced which, in many cases, separated the ownership of fishing rights from the adjoining lands. The effect of these acts was a fragmented ownership of fishing rights on Irish land. In most cases, research is required to establish exactly who owns the fishing rights in a particular area. They could be owned by one of the following:

• The heirs of the original landlord: some sporting and fishing rights were taken out of title deeds and redistributed or held onto when land was sold

• The Central Fisheries Board (from the Land Commission)

• You, the landowner

• In limbo, ie requiring an order declaring them vested, or not vested, in the Land Commission.

The Central Fisheries Board (CFB) can, with a little time and research, tell you exactly who owns the fishing rights on your land. The CFB is not funded by the Exchequer and this service will be carried out for a fee.

"A river, as it winds its way along, will have several different owners along its route. The majority of landowners do not own the fishing rights on their own land. The last act that gave landowners this right was the 1903 Act, and a lot has changed since then,'' explained Gerry.

"Very often, it happens that landowners don't know whether or not they own fishing rights on their land. The best indication that a landowner has that he does, in fact, own the fishing rights on his land is, strangely, if there is no mention of fishing rights in his deeds. This would be a strong indication that there is no issue surrounding the rights,'' explained Thomas McGrory CFB.

"The CFB would, ideally, in the future, like to be in a position to buy back the fishing rights that lie with heirs to old Irish landlords abroad. In most cases, people don't even realise they own fishing rights in Ireland. Firstly, though, it is important that we consolidate the rights we have and make the best use of them. This would require serious investment,'' explained Gerry.

Of course, fishing rights are, in many cases, not that valuable and issues surrounding their ownership may never arise.

Can you buy back the fishing rights on your land if you find that they do not belong to you? "All proposals will be considered if the rights belong to the CFB, but it would need to be seen as a positive move, where waterways will be well looked after. Generally speaking, fishing rights will be leased to the landowner for a nominal fee. We are very well disposed to the development of a tourist industry surrounding fishing rights,'' said Gerry.

Fly fishing in Ireland

Clonanav Fly Fishing Centre and Guesthouse are situated on a working farm in the Nire Valley.

Andrew Ryan is manager, head guide and instructor. Andrew's father runs a dairy and beef farm in Clonanav, and his mother, Eileen, runs a successful guesthouse.

Since the age of 12, Andrew has had a huge interest in fishing and now runs a tourist enterprise, based around fly fishing in the local area.

"We originally bought fishing rights for a mile and a half along the River Suir. We bought these rights from the Earl of Dunamore.

"We also dug out some lakes, and we own the fishing rights on the training lakes we created. Obviously, our business depends on owning fishing rights in the locality, which had previously been in various forms of ownership.''

Andrew fishes for trout and says that the Suir is Europe's finest dry fly river for wild brown trout. He also stresses that he operates a catch and release scheme. "This is very important, as the fish we catch are returned to the water and, in that way, the future of fish stocks in the area is conserved.

"Other areas replenish stocks from farmed hatchery fish, and this can create problems of loss of indigenous species in our river and lakes.

"Our season runs from mid-March to September and, during that season, we bring in a lot of American tourists and provide instruction, guided trips and fishing experience.''

• If you would like to contact Fly Fishing Ireland, log onto their website at http://www.flyfishingireland.com/ write to Clonanav Fly Fishing Centre, Nire Valley, Ballymacarbry, Clonmel, Co Waterford or phone them on 052-36141.