just out of interest

[dicehorn 38]

I'm still not clear about shooting from a boat though. There seem to be quite different rules for shooting over, ie salt marshes or inland lakes, and shooting over waterways.

 

Ric

Well Punt guns are still legal, so I suppose shooting (at least shot) from a boat is OK??

[Deker 3,491]

I'm still not clear about shooting from a boat though. There seem to be quite different rules for shooting over, ie salt marshes or inland lakes, and shooting over waterways.

 

Ric

 

 

I suspect, "suspect mind", what we are talking about here is the difference between LAW, Rules and possibly bylaws, in simple terms what owners may decide you can do on their land (water) and what the law allows.

 

Put very simply, legal or civil matters??

[RicW 67]

Deker -

Agreed, there may be local by-laws, but British Waterways is the statutory body with legal control of all navigable inland waterways, be they river or canal. The landowner has limited rights over the bankside, and none over the towpath. Reservoirs and lakes fall under different legislation, although many owners cede control to BW. I am going to contact BW to establish the position re shooting from boats on navigable waters. I'll update you when I know more.

 

I really fancy living on a narrow-boat with a shotgun, rimmy, and a couple of centrefires in a gunsafe. No bloody pirates gonna bother me for long!

 

Ric

[RicW 67]

I've just a very courteous reply from BW. The enquiry people have passed my query to their legal beagles, from whom I should hear soon. What a pleasant change to get a helpful and polite response from a public body.

 

Ric

[Deker 3,491]

Deker -

Agreed, there may be local by-laws, but British Waterways is the statutory body with legal control of all navigable inland waterways, be they river or canal. The landowner has limited rights over the bankside, and none over the towpath. Reservoirs and lakes fall under different legislation, although many owners cede control to BW. I am going to contact BW to establish the position re shooting from boats on navigable waters. I'll update you when I know more.

 

I really fancy living on a narrow-boat with a shotgun, rimmy, and a couple of centrefires in a gunsafe. No bloody pirates gonna bother me for long!

 

Ric

 

 

 

Interesting..and even more so if you get an answer...but I suspect the legal position will remain unchanged, Westminster make the law, British Waterways make rules!!

 

Civil and Criminal!!

 

But very interested to hear their response!!

[RicW 67]

Bad news I fear. BWB have statutory power to make their own by-laws, and by-law N0 46 reads:-

 

"It is an offence to throw, shoot, or otherwise propel any stone, shot, bullet or other missile from, into, or over any vessel or canal."

 

So you cannot shoot from a boat, and you cannot shoot over the waterway even if you own the land on both sides.

 

Lakes, reservoirs, salt marshes etc fall under different legislation.

 

RicW

Edited February 23, 2010 by RicW

[flytie 1]

This is interesting. When i took over a permission two years ago I had a chat with the neighbouring lads that do the deer culling on the other side of the river. I ended up with permission to shoot deer from one bank of the river Avon over into a big hill on the other side. I did not think this would be possible but I approached our local FEO about the legalities, and the answer was "yes, it's legal". They were absolutely fine about it.

 

ft

[RicW 67]

The thing is, as Deker has said, there is a difference between national law and local by-laws. I am going to wrap all my correspondence with BWB on a PDF and forward it to Sporting Shooter. I think this needs to be sorted out by BASC and SACS

 

Ric

[Deker 3,491]

The thing is, as Deker has said, there is a difference between national law and local by-laws. I am going to wrap all my correspondence with BWB on a PDF and forward it to Sporting Shooter. I think this needs to be sorted out by BASC and SACS

 

Ric

 

 

Nothing is simple is it...I may be wrong, but we go back to civil and criminal, I think By laws are basically rules requiring a private prosecution, Not Statute.

 

Good idea to have a word with BASC, whoever, to get their slant on it..

 

ATB!!

Edited February 23, 2010 by Deker

[RicW 67]

I've just now looked up "by-laws" According to Wikipedia, they can be passed by councils and certain statutory bodies, including airport authorities, utility companies, transport companies and supervisory bodies, which are empowered by Act of Parliament. They must be approved by a Secretary of State. When in force, a breach of a by-law is a criminal offence, to be tried in a Magistrate's Court. Penalties are fines of up to £2500. Their principal purpose is to prevent danger or nuisance to others. BWB's by-laws were passed in 1965. Although their by-laws refer to "canals", the introduction to them states that they apply to all inland navigable waterways in the UK with the exception of three small canals which have a separate controlling body.

 

Since I am presently an armchair hunter, I not a member of either shooting organisation. May I suggest that people who are members of either BASC or SACS ask for clarification? Given that there are 2200 miles of inland navigable waterways in the UK, there must be a fair few shooters who could unwittingly fall foul of these by-laws.

 

Not for me to say, but it might even be a good thing to have the clarification pinned in this forum.

 

Ric

[waidmann 105]

an excellant bit of research

i could find very little (i'm not very good with the internet )

obviously more serious than we thought.

a good idea to put any clarification in the pinned section(not many people involved in the debate,meaning to me that they have no oppinion to the matter and simply do not know).

as said in the above post alot of canals around and this must affect alot of shoots/permissions(even when using catapults etc).

a worthwhile thread

 

waidmann

[Deker 3,491]

I've just now looked up "by-laws" According to Wikipedia, they can be passed by councils and certain statutory bodies, including airport authorities, utility companies, transport companies and supervisory bodies, which are empowered by Act of Parliament. They must be approved by a Secretary of State. When in force, a breach of a by-law is a criminal offence, to be tried in a Magistrate's Court. Penalties are fines of up to £2500. Their principal purpose is to prevent danger or nuisance to others. BWB's by-laws were passed in 1965. Although their by-laws refer to "canals", the introduction to them states that they apply to all inland navigable waterways in the UK with the exception of three small canals which have a separate controlling body.

 

Since I am presently an armchair hunter, I not a member of either shooting organisation. May I suggest that people who are members of either BASC or SACS ask for clarification? Given that there are 2200 miles of inland navigable waterways in the UK, there must be a fair few shooters who could unwittingly fall foul of these by-laws.

 

Not for me to say, but it might even be a good thing to have the clarification pinned in this forum.

 

Ric

 

 

Only just seen this.... Interesting!!

[JonathanL 4]

as inmy post surely the canal itself would be seen as a public highway?

atb

 

 

Only if a car drove down it!!! Never heard a boat called a "Vehicle"!

 

I stand to be corrected if someone can produce a different bit of legislation!

 

 

Can't see why a boat isn't a vehicle.

 

Having said that - I think the strict definition of a "highway" is something which incorporates a cariageway which would preclude a canal.

 

J.

[JonathanL 4]

 

You are absolutely correct with safety and annoyance, no arguement at all, but it isn't a Highway or you would not be able to shoot from a boat, assuming your boat is floating (and not in dry dock) then it doesn't matter what direction you shoot in you are shooting over water (highway by your definition).

 

The provision about shooting within 50 feet of a highay only applies of someone is interuppted or endangered as a consequense of your shooting. If you are 51 feet away you do not commit the offence reagrdless of how much you interupt or endanger them. As I say from my previous post, I don't think that a canal is a highway but I'm prepared to be corrected on that.

 

The only thing that could potentially cause a problem is the canal owners own rules or bylaws, there is absolutely nothing on the statute books that I am aware of, to stop you legally shooting over a canal!!

 

That would likely only amount to tresspass though, not a criminal offence.

 

J.

[JonathanL 4]

thanks for that ric.

very helpfull. one would think that basc would have something about canals/waterways.

as for shooting from a boat:

its common practice on the lakes when fowling,i'm not sure if you need special permission or not. then again a canal may be a different kettle of.... never mind.

yours in sport

michael

 

People have shot from boats for hundreds of years. Punt guns, for instance.

 

J.