The public right to fish: Is it fit for purpose?

Appleby, Thomas

Abstract

The comment: `we live on an island made of coal
surrounded by a sea full of fish, only an organisational
genius could arrange a shortage of both at the same
time', is attributed to Aneurin Bevan. The Royal
Commission on Environmental Pollution, the European
Union, Downing Street3 and even this journal's
editor have highlighted the need for radical reform
to stop over-fishing taking place in our seas. In
response, the UK Government has set aside time for
legislation in the form of a Marine Bill. Reform of the
structure of UK fisheries administration will play a key
part of that Bill.5 It is therefore timely to consider the
role which the public right to fish plays in the current
legal structure of fisheries, as it is an important one
and often overlooked by the commentators. By
looking at its context, history and extent, this article
will investigate whether there are mechanisms within
common law to counter over-fishing or whether the
public right itself needs to be reformed.

• Journal Article Type: Article
• Publication Date: Jan 1, 2005
• Publicly Available Date: Jun 9, 2019
• Journal: Journal of Water Law
• Print ISSN: 1478-5277
• Publisher: Lawtext Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 16
• Issue: 6
• Pages: 201-205
• Keywords: marine environment, fishing rights, property
• Public URL: https://uwe-repository.worktribe.com/output/1054013
• Related Public URLs: http://www.sacn.org.uk/Articles/The_Public_Right_to_Fish.html