Reply
 
Thread Tools Search this Thread
 
Old 20 October 2013, 10:56   #1
Member
 
Country: UK - Scotland
Length: 5m +
Join Date: May 2013
Posts: 183
Lobster pots...

Wonder if anyone knows the legal status of pots and rope washed up and left for a long period (months) unattended.

I had a lobster fisherman approach me today trying to commandeer my pots and ropes claiming they were his. I collected the rope from a remote beach back in April when it was a tangled mess. The pots were just shells that had sat for 6 + months again on a remote beach; i repaired them using bits from other old pots.

I told him that I'd effectively collected his litter from the beach.

Cheers
__________________

__________________
Chunk is offline   Reply With Quote
Old 20 October 2013, 11:00   #2
Member
 
Country: UK - Channel Islands
Town: Jersey
Boat name: Archangel
Make: Ribcraft
Length: 6m +
Engine: ETec 225
MMSI: 235063789
Join Date: Sep 2008
Posts: 1,005
Well, larceny by finding is a criminal offence of course but I would have thought the burden would be on him to prove ownership.
__________________

__________________
www.flickr.com/photos/gj0kyz
GJ0KYZ is offline   Reply With Quote
Old 20 October 2013, 11:08   #3
RIBnet supporter
 
bartiny's Avatar
 
Country: UK - England
Town: Accrington
Length: no boat
Join Date: Oct 2012
Posts: 451
I am no expert but I would say possesion is 9/10 of the law if he cant prove ownership then bollocks to him he shouldnt have left them on a public beech

Although technically you may be stealing

__________________
bartiny is offline   Reply With Quote
Old 20 October 2013, 11:14   #4
SPR
Trade member
 
SPR's Avatar
 
Country: UK - Scotland
Town: Central Belt of Scotland
Boat name: Puddleduck III
Make: Bombard
Length: 5m +
Engine: 50 HP
Join Date: Mar 2009
Posts: 2,066
golden rule: don't annoy then local fishermen, I would talk to him nicely then give him the pots!

S.
__________________
SPRmarine / SPRtraining
RYA Training Courses & Safety Equipment Sales
SPR is offline   Reply With Quote
Old 20 October 2013, 11:44   #5
RIBnet admin team
 
willk's Avatar
 
Country: Ireland
Make: Redbay Boats
Length: 9m +
Engine: 370hp
Join Date: Feb 2008
Posts: 12,926
RIBase
Quote:
Originally Posted by SPR View Post
golden rule: don't annoy then local fishermen, I would talk to him nicely then give him the pots!

S.
What that man said!

Did you find the rope and pots from the same remote beach (where he thought they'd be safe from neds?) or did you find them scattered along the coast on the tide line. There's a difference. Fishermen stash pots all over the place - it doesn't mean they're lost or abandoned.
__________________
"Who knows what evil lurks in the hearts of men?"
.
willk is online now   Reply With Quote
Old 20 October 2013, 11:59   #6
Member
 
Country: UK - Scotland
Length: 5m +
Join Date: May 2013
Posts: 183
Naa, they were from different beaches on a the tide line. When walking the dogs along the remote beaches there can be tens of pots washed up in jumbles of rope. These are left for months / years until subsequent tides break them up or bury them.
These ones were storm damaged, washed up pots - not stashed and had no tags / identifiers.
With regards annoying local fishermen, I agree. The point is he came across as I was recovering the rib and started on me. I remained calm and factual, but I can't believe the public could be held accountable for larceny when they are not accountable for littering...
__________________
Chunk is offline   Reply With Quote
Old 20 October 2013, 12:10   #7
Member
 
Bigmuz7's Avatar
 
Country: UK - Scotland
Town: Glasgow
Boat name: stramash
Make: Tornado
Length: 5m +
Engine: Etec 90
Join Date: Feb 2006
Posts: 5,068
Sometimes they just leave them there as blinders, preventing other people from using or fishing the area, if they were washed up, I'd say they were 'salvage' and you should keep 'em.

That said , Ive set some pots that have dried out at dead low before, up our ways the tide has a considerable range, but it would be obvious if the pot was being used, in which case I wouldnt touch it
__________________
Bigmuz7 is offline   Reply With Quote
Old 20 October 2013, 12:31   #8
RIBnet admin team
 
Poly's Avatar
 
Country: UK - Scotland
Boat name: imposter
Make: FunYak
Length: 3m +
Engine: 2 stroke YAM 20 HP
MMSI: 235089819
Join Date: Sep 2005
Posts: 10,114
I assume you reported your 'finds' to the receiver of wreck?
__________________
Poly is offline   Reply With Quote
Old 20 October 2013, 12:40   #9
Member
 
Country: UK - Scotland
Length: 5m +
Join Date: May 2013
Posts: 183
Quote:
Originally Posted by Poly View Post
I assume you reported your 'finds' to the receiver of wreck?
Of course

Out of interest is abandoned unmarked equipment technically a receiver of the wreck issue? I wonder if it would be a police issue if it was at the high tide mark? I don't know...

Anyway, I guess the morally correct thing to do would be to take my "salvaged" goods to the local harbour master where there are 4 or 5 lobster boats and let them fight it out...
__________________
Chunk is offline   Reply With Quote
Old 20 October 2013, 12:53   #10
Member
 
Country: UK - Scotland
Length: 5m +
Join Date: May 2013
Posts: 183
Quote:
Originally Posted by Chunk View Post
Of course

Out of interest is abandoned unmarked equipment technically a receiver of the wreck issue? I wonder if it would be a police issue if it was at the high tide mark? I don't know...
.
Answer my own question (from https://www.gov.uk/wreck-and-salvage-law)

Definition of wreck
According to section 255 of the Merchant Shipping Act 1995, the definition of wreck includes “jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water”.

Jetsam, flotsam, lagan and derelict
Jetsam describes goods cast overboard to lighten a vessel in danger of sinking. The vessel may still perish.

Flotsam describes goods lost from a ship which has sunk or otherwise perished. Goods are recoverable because they remain afloat.

Lagan describes goods cast overboard from a ship which afterwards perishes. The goods are buoyed so they can be recovered.

Derelict describes property, whether vessel or cargo, which has been abandoned and deserted at sea by those who were in charge of it without any hope of recovering it.

If a boat comes off its moorings, it isn’t generally classified as a wreck for the purposes of the Merchant Shipping Act 1995, as it hasn’t been abandoned without hope of recovery.

Also, buoys such as data buoys and mooring buoys aren’t classed as wreck. However, buoys which form part of fishing equipment may be classed as wreck when adrift.
__________________

__________________
Chunk is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off





Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -5. The time now is 14:28.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.