1.1 The Landlord accepts no liability whatsoever for damage, injury or loss to persons or belongings nor shall they be held responsible for adverse weather conditions or acts of God.
1.2 The Leader of the Fishing Party and each member of his/her party should have third party insurance for a minimum of Five Million Pounds (£5,000,000) Sterling. It shall be the responsibility of the Leader of the fishing party to ensure that he/she and each Member of the Party complies or is aware of this recommendation.
1.3 Any Children in the Fishing Party and/or connected therewith will be supervised at all times.
1.4 The Leader of the Fishing Party will indemnify the Landlord for all acts and omissions of himself and the fishing party Members.
2. Conservation â€" Catch and Release
2.1 Salmon and Grilse
2.1.1 Throughout the season fishers must return the 1st, 3rd and 5th salmon and grilse caught and so on. The sequence can be changed if, for example, the first two fish are returned, then the third fish may be retained provided it is not female or gravid. Consecutive fish are not to be retained.
2.1.2 All hen salmon and hen grilse should be returned.
2.1.3 Throughout the season all gravid or stale fish are to be returned.
2.1.4 All farmed fish (deformed gills, fins and tails) that are caught are to be killed and reported.
2.1.5 In the case of badly bleeding or damaged fish, common sense will apply. Any fish that are damaged by seal, net or dolphin wounds should be reported and if possible photographed.
2.2 Sea Trout
2.2.1 Finnock under the length of 14 inches must be returned.
2.2.2 Sea Trout more than 20 inches in length must be returned.
2.2.3 Only two Finnock or Sea Trout may be retained per calendar day per person. 2.3 Tagged Fish A number of salmon have been tagged during previous
seasons. Please make every effort to record the tag number, tag colour and give the information to the ghillie who will pass it on to the Spey District Fishery Board.
2.4 Fishing Method. Fishing is to be by fly only with single or double hooks.
2.5 Maximum Fishing Limits.
2.5.1 The maximum permitted number of rods per beat is as follows
Beat No. of Rods
Castle Water 6
Lower Water 1
Lower Water 2
2.5.2 A rod can be shared between people but at no time shall there be more than
the maximum permitted number of rods fishing simultaneously.
2.5.3 Up to a maximum of 9 hours fishing per 24 hours per rod (not per person) may be fished.
2.6 Catch Returns Catch Return data will be lodged with the Ghillie or in the Ghillie's absence with the Landlord's Estate Office.
3. Dogs Dogs will be kept under control at all times.
4. Health and Safety
4.1 Fishing can be dangerous and the Leader of the Fishing Party and each Member of the party will require to conduct him or herself with due care and attention particularly but not limited to situations where wading conditions may be difficult and/or dangerous because of ground conditions and/or spate conditions. 4.2 Fishers are required to wear lifejackets at all times, particularly whilst wading and using boats. 4.3 No boats may be used without the consent of the Landlord's ghillies. All fishers use boats at their own risk and must satisfy themselves that the boats and their equipment are safe. All boats should be returned to the moorings and properly locked and secured before departure. The Leader of the Fishing Party is responsible for the conduct and safety of the party at all times. 4.4 All fishers must have treated their fishing tackle and equipment against the Gyrodactylus salaris parasite and by acceptance of these Fishings Terms and Conditions of Let, the Leader and each Member of the party, confirms compliance with the declaration supplied by the Landlord. 4.5 The Landlord has instructed a Risk Assessment for Health and Safety purposes, and a copy of this is available on request.
5. Prohibition against Sub Letting and Assignation
5.1 The Fishing Party shall not sub-let any day or days taken and/or assign the fishing rights without the express prior written approval of the Landlord.
6.1 All persons coming onto the Landlord's water do so at their own risk and the Landlord will accept no respon\sibility for any claim for loss or damage arising from the granting of this permission.
6.2 In addition the Leader of the Fishing Party will undertake for himself/herself and party Members
* To allow fish caught and fishing tackle to be inspected by anyone authorised by the Landlord and the Landlord's ghillie.
* To protect the water from poaching or illegal methods of fishing.
* Not to damage trees or plants or obstruct the river or river banks.
* Not to light fires which is strictly prohibited.
* To report any damage to the boats, shelter or any other equipment to the Estate Office.
* Not to leave litter in the boats or surrounding area and make use of the litter bin provided in the shelter.
7.1 Any ghillie has a normal working day from 9am to 5pm including Saturdays. The
Landlord will use his best endeavours to supply the services of one ghillie per
beat. Should this not be possible for any reason or if not desired by the Tenant there will be no reduction in rent.
7.2 The Fishing Party is required to provide transport for the ghillie to and from the River if needed.
7.3 All instructions and decisions given by the Landlord and/or his ghillie are final and will be followed. Failure to comply with such instructions or decisions may result in the cancellation of the rest of the Lease. In the event of cancellation in terms of this Clause, there will be no right to a refund nor compensation.
8.1 Any Complaints by the Fishing Party to the Landlord should be immediately reported verbally to the ghillie and confirmed in writing within 24 hours to the Landlord's Estate Office.
9. Variation of Conditions
9.1 The Landlord reserves the right, acting reasonably, to vary these Terms and Conditions of Let at any time or from time to time.
The Salmon and Seatrout season starts on the 11 February and finishes on the 30 September that year.
Scottish legislation requires that all salmon caught before the 1st April must be released. In order to protect the integrity of the Spey stock and to maximise their spawning poten al, the Spey Fishery Board's policy is that all fish caught up to and including the 31st May should be released alive. From the 1st June the policy set out below will apply.
The Board considers the Conservation of Fish entering the river before the end of May to be of the utmost importance.
The Board urges all anglers to release these fish if at all possible. Most of the larger fish arrive in the river in the early months and these are the fish which have the potential to make the most significant contribution to successful spawning and are likely to be the fish which spawn in the upper reaches of the catchment. The Board will continue to monitor the success of the Conservation Policy and further consideration may be given to a recommendation for total Catch & Release in these months in the absence of signs of further restraint.
Each angler must return the 1st, 3rd, 5th etc... male fish caught
All hen salmon and hen grilse must be released
Throughout the season all stale or unseasonable fish must be released e.g. gravid, kelts.
Escaped farmed salmon must be retained
Release all finnock of 16oz / 35cm / 14” or less
Release all Sea Trout of 3lb / 50cm / 20” or above
Retain only 1 Sea Trout of takeable size per calendar day. Anglers are also encouraged to release their first fish and keep the second that is of takeable size
Release all stale or coloured fish
Release all unseasonable fish (smolts, kelts, over-wintered finnock)
SPEY FISHERY BOARD RESEARCH OFFICE
TEL: 01340 810841 E-MAIL: firstname.lastname@example.org