RUTHERFORD FISHINGS SYNDICATE
Rules under which Fishing will be Carried Out
by Tenants of the Owners
1. The policy of the Owners in administering the Rutherford Fishings ("the beat") is that the following number of rods will be permitted on the water at any one time:-
1st February - 31st August: up to 4 rods
1st September - 30th November: up to 6 rods
The Owners reserve the right in consultation with their Boatman to increase the maximum number of rods who may fish the water at any one time.
2. Each Tenant will ensure that he and his guests fish with a single rod and line in a fair and sportsmanlike manner and only with tackle and bait legally permitted on the Tweed River system. The water should be fished by fly in preference to spinning tackle when conditions are suitable.
3. Prior to 15 February, fishing will be by fly only. No spinning will be permitted after 15th April unless the river is above 6 inches on the gauge beside the Boatman's House. Even when the river is at or above this level, the matter will be entirely subject to the discretion of the Boatman.
4. There will be no Sunday fishing. The normal hours for fishing are 9.30am to 1pm and 2pm to 5pm Monday to Saturday except in the following circumstances where they may be varied at the discretion of the Boatman:-
(i) where the Tenant notifies the Boatman that he will stop fishing before 3pm the Boatman may permit the Tenant to commence his afternoon fishing from 1pm;
(ii) during the summer months when the Tenant is unable to fish during the day because of bright low water conditions, the Boatman may permit the Tenant to fish from 5pm until 10pm;
(iii) in November the Boatman may permit the Tenant to commence fishing from 9am.
The Owners reserve the right to themselves and their invitees to fish outwith normal hours.
5. The Tenant will comply with the Spring Salmon Conservation measures introduced by the River Tweed Commission with effect from 1 February 2011.
These measures will apply from 1st February to 30th June in each fishing season and a copy is attached hereto.
All salmon caught between 1st February and 30th June must be returned unharmed to the water. Any fish caught after 30th June should be returned if they are not fresh and therefore likely to be Spring stock. Any fish that have died whilst attempts are being made to release them shall be the property of the Owners and shall be delivered by the Tenant to the Boatman.
6. Salmon and sea trout parr and all kelts and baggots, and during the months of September, October and November, any gravid hen fish (including those with protruding vents) and any coloured fish should be returned to the water. In addition, Tenant is requested to return to the water any brown trout caught on salmon tackle.
7. All foul hooked fish (i.e. those not hooked in or around the mouth) must be returned. Gaffs are not permitted at any time of year and the Tenant is encouraged to use a knotless net.
8. The tenant is asked to report any suspected poaching or unlawful fishings to the Boatman.
9. Each Tenant will be responsible for ensuring that he and his guests are familiar with the upper and lower limits of the beat and will, at no time, fish beyond these limits.
10. In the event that a Tenant or his guests bring dogs to the riverside, he will ensure that they are at all times kept under control and, in particular, do not worry livestock or otherwise cause a nuisance to the proprietors or occupiers of the adjoining land.
11. When boats are being used to fish in or for crossing the river, the Tenant or his guest will usually be accompanied by a Boatman. Only in exceptional circumstances and subject to prior approval of the Boatman, will a Tenant or his guest be permitted to use the boats unaccompanied.
In conditions of high water or a rising river, it will be for the Boatman to decide if it is safe to use boats and his decision in the matter will be final.
12. Each Tenant and his guest will be expected to exercise care and consideration in driving vehicles over the access roads and tracks leading to the riverside.
13. The Countryside Code shall be observed at all times and no fires shall be lit and no litter shall be left in and around the fishing hut or on the riverbank.
14. In order to minimise the risk of spreading Gyrodactylus salaris to Scotland, all anglers' equipment which has been used outside Britain and Ireland within the preceding seven days must be cleaned either by:
(a) Drying at a minimum temperature of 20° for at least 2 days OR
(b) Heating for at least one hour at a temperature above 60°, OR
(c) Immersing in a suitable solution. Virkon (at 1% solution); Wescodyne (at 1%); a 3% solution of common salt (Sodium Chloride) or a 0.2% solution of Sodium Hydroxide, OR
(d) Deep freezing for at least 1 day
The Tenant and any guest will be required to sign a Declaration to this effect.
15. The Tenant is asked to observe the Tweed Angling Code as set down from time to time by the River Tweed Commission.
These rules will be kept under review by the Owners
and will be enforced on their behalf by the Boatman.
Terms and Conditions of Letting
1. Particulars of Let
The particulars of let describing the Rutherford Fishings ("the beat") are deemed to form part of this Agreement.
2. Confirmation of Bookings
Bookings will be confirmed on payment of the rent in full. Reservations made by letter or telephone will be held for a period of two weeks during which period full payment must be made.
3. Cancellation of Bookings
If a Tenant is for any reason unable or unwilling to fish, the rent will not be returned unless an alternative booking can be secured, or at the discretion of the Owners.
4. Syndicate's Responsibility
All wages, rents, fishing assessments and commission will be paid by the Owners.
Sub-letting of any kind is not permitted unless permission has been granted by the Owners or their agents.
The Owners and their agents let the rights of fishing only and do not accept responsibility for natural hazards and climatic conditions which may affect the catching of fish.
7. Health and Safety
All Tenants fish the beat entirely at their own risk. Buoyancy Aids are made available by the Owners for use by Tenants when wading or going in boats and Tenants are asked to use these for their own safety. In the event of any Tenant deciding not to make use of the life jackets provided, he or she must sign the disclaimer book (which is kept in the Rod Room) before being permitted on to the river. Tenants are also advised to use wading sticks when wading.
All rods and tackle are left on the beat and, in particular, in the Rod Room, at Tenants' risk.