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Tay rafting dispute heading to the courts

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Upper Tay fishing proprietors are to go to court in a bid to end their ongoing battle with rafters on the river.

They say they have decided to take court action with ”extreme reluctance” after years of discussion and negotiation proved fruitless.

Since the fast-flowing upper reaches of the river became popular with thrill seekers, anglers have argued there should be periods when rafting and other noisy pursuits are not allowed.

They have long claimed the sports are damaging the multi-million-pound fishing industry along the river.

The proprietors say they have been advised by the Local Access Forum (LAF) that they have no alternative but to go to court to seek enforcement of recommendations which came out of the latest negotiations.

Angus Crow, chairman of Lower Grandtully Timeshares, said: ”It is so sad that it has had to come to this. We have a shared interest in the river and have been working through the accepted channels allowed for within the access legislation, to hopefully reach an agreement which allows both the rafting and fishing business to flourish in this part of the river.

”As it is, the present system is unworkable and, whilst the rafting businesses expand and improve in their profitability, the fishing interests are on their knees.

”Most of the fishing beats in this area are seldom fished now,” added Mr Crow. ”Tenants come once and never return and one of Scotland’s heritage assets is being decimated.”

An attempt to create a bylaw covering river access failed when police said it would be unworkable.

Perth and Kinross Council ordered all parties back around the table for further discussions through LAF, made up of the council and other public land management bodies and private land owners.

LAF recommended a division of the Upper Tay based on time zoning, which the anglers said was not ideal but acceptable.

They say rafters have refused to agree so, with the ”unanimous support of all other interested fishing parties on the affected stretches of water,” are seeking legal redress.

Mr Crow said: ”We are utterly frustrated that whilst we are prepared to accept, albeit reluctantly, the recommendations of the Local Access Forum, the rafting companies are not, and without going to court we are powerless to defend our property assets and hard-won business.

”When the Land Reform legislation was brought forward it is clear that such action by the commercial access-takers was not envisaged by the legislators.”

When rafting first appeared on the Upper Tay, and before access legislation had been introduced, those with proprietorial interests offered, free of charge, access and egress for rafting.

According to the anglers, since Land Reform was introduced rafting has increased dramatically causing excessive disturbance.

A writ seeking a ruling from the court is being served on Perth and Kinross Council but this had not been done by the close of business on Monday.

At the time the bylaw was sought, David Summers, director of the Tay District Salmon Fishery Board, said: ”There is absolutely no doubt that rafting activity has done very substantial damage to salmon fisheries on the Tay.”