Angus Council may not have the right to impose fishing restrictions at an Arbroath pond, it has been claimed.
Arbroath councillor Bob Spink said because Keptie Pond is a common good property it belongs to the town’s residents, and he questioned the local authority’s power to stop coarse anglers from using it.
Mr Spink, who is the council’s representative on the Esk Fisheries Board, claimed that because the pond is not stocked by the council, it would be difficult to prove an offence had occurred should a fish be taken there.
”The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 provides mainly for the protection of salmon and trout with little concern for other species known as coarse fish,” he said.
”But Keptie Pond may have special conditions because of its nature, background, and history. It can be defined under the terms of the act as a ‘stank’, meaning a pond enclosed all round which has been stocked by the owner and which has no natural inlet or outlet.
”Any person removing fish from a stank without authority from the owner or occupier of the surrounding land is guilty of theft under the Theft Act 1607. In general, it is not a criminal offence to fish for or take trout in Scotland, hence the need for protection orders.”
Almost all anglers who fish Keptie Pond operate a catch-and-release policy due to the small size of the Perch and Carp available there.
Last week, it emerged a local angler had been warned away from the site by a council official and the authority subsequently confirmed unlicensed fishing was not allowed at any publicly-owned waterways in the county.
Mr Spink said if fish were returned safely and unharmed to the water, he would argue no offence had been committed.
He said: ”Keptie Pond is in fact not owned by Angus Council but is a common good property, which pays for all maintenance charges right up to date from the Arbroath Common Good Fund.
”This includes current ongoing work to improve water quality and address the algae problem. None of this costs the Angus taxpayer anything.
”Indeed, if at any time in the future it was decided to put more fish in Keptie Pond, the cost of doing so would fall on the Arbroath Common Good Fund not the council.
”It may be that those citizens of Arbroath who fish it are fishing for their own property and any conditions put upon angling if necessary, should be done by the Arbroath elected members after consultation, on behalf of the people.”
A spokeswoman for Angus Council said Keptie Park and pond was governed by management rules, established many years ago, which were reviewed in 2010 after a public consultation exercise.
She added: ”Management rules, which are reviewed periodically, cover parks, ponds and other similar spaces under the management and control of the council’s neighbourhood services division whether held on a common good account or otherwise.
“At this time there is no exemption or exclusion relating to the Keptie pond.”
Mr Spink said the issue was a case of ”much ado about nothing” and urged council officials to simply allow the status quo to continue where anglers are left to fish the pond in peace.
”Do we really want another prohibition sign in a public space, to join with the No Football, No Walking On The Grass, No Feeding the Birds, No Dogs, No Entry, No Through Way?” he asked.
”We hear so much about vandalism and bad behaviour among the young and yet again bureaucracy seems to seek to stymie a perfectly healthy interest in what is still the most important participant sport in the UK.”