Anglers fight charge of catching fish in Scotland without English licence

The men were caught fishing on a tributary of the River Esk without an Environment Agency rod licence.

Much of the River Esk is in Scotland, but the English agency is responsible for administering the entire river.

Over the past few years, anglers on the Scottish side of the border have opposed the agency's right of control.

But matters will now come to a head after charges were brought against the two accused who live in the village of Newcastleton, Roxburghshire.

Ross Blaikie, 31, of Douglas Square, and Brian Scott, 45, of Scotts Street, pleaded not guilty at Jedburgh Sheriff Court to fishing for salmon or sea trout on the Liddel Water - a tributary of the River Esk - near Newcastleton, on 20 August, 2009, without a valid rod licence.

Sheriff Kevin Drummond said it would be a test case to challenge legislation brought in by the Environment Agency regarding the River Esk, and fixed a trial for 10 September.

The River Esk rises in Dumfries and Galloway and flows past Langholm before merging with Liddel Water, which defines the Scottish and English border.

It then crosses the border and merges with the River Lyne, entering the Solway Firth in England.

Although it has been regulated by English fisheries law since the 1860s, it has only become an issue post-devolution when the Environment Agency decided to impose English rod licences, which cost 70 per season, in April 2005.

Post-devolution, a regime was introduced whereby the Tweed Commissioners, and therefore the Scottish Parliament, were responsible for the River Tweed, which also flows on both sides of the border. The Environment Agency - therefore the Westminster Parliament - was given responsibility for the Esk.

Before then, those fishing the Esk in Scotland were excused English charges because of an agreement brokered by former local MP Lord Munro of Langholm.

However, the decision to impose the rod licences has led to the River Esk becoming the scene of a feud that has united anglers, politicians and Scotland's largest aristocratic landowner, The Duke of Buccleuch, against Westminster.

Peter Reith, secretary of The Federation of Border Angling Associations, said the decision to impose the rod licences had been an unpopular one.

He added: "I have a certain sympathy for the two men.Just because the English Environment agency are entitled to impose a rod licence for people fishing on the River Esk, does not mean that it is a good idea political decision to follow it through."

David Mundell, Conservative MP for Dumfriesshire, Clydesdale and Tweeddale said the Environment Agency needed to think again.

He said: "The view is that the Environment Agency went back on undertaking it made at the time of devolution that it wouldn't impose rod licences on the River Esk - but they subsequently decided to go ahead and do it on the grounds that they couldn't treat it any differently from any of the other rivers they managed.

"I would like to see the Environment Agency accept the river is in Scotland and it should be treated differently. I hope that a reasonable compromise can be reached on the matter and that normality might soon be restored to this lovely river."

Veteran angler Charlie Duncan said: "I can understand the feelings of the anglers who do not think it should come under English jurisdiction, but the law has to be upheld."