shooting on a canal

Spunk84

I was out for a walk with the pup today, when i stumbled across a few lads shooting from the canal at flighting crows.

It was on the Royal canal a good few miles from anyone or any houses, i sat and spoke to them for awhile about shooting there and they said they had been shooting over the canal for many years.

I ask them had no one every contacted the garda about them being there? They said only once a gard came out and waited at their car, when they arrived back he checked their licences and as they where shooting miles from anywhere they were ok to do so:eek:

Is this right? i was under the impression the canals where a out of bounds area? Any info on this

Hunter21

Would it not be similar to shooting on the banks or near a river? Permission is granted by landowners who's land your standing on or club permission's. But on the other hand, if you were walking there Im assuming its a public area so was maybe a bit dangerous what they were doing

Tackleberrywho

Hunter21 wrote: »

Would it not be similar to shooting on the banks or near a river? Permission is granted by landowners who's land your standing on or club permission's. But on the other hand, if you were walking there Im assuming its a public area so was maybe a bit dangerous what they were doing

The canal is owned by us and taken care of by the OPW.
On both sides of the canal there is a public path/road.

So them boys could have got in bother had the Garda wanted to be awkward, even if there were miles from anywhere

Spunk84

Hunter21 wrote: »

Would it not be similar to shooting on the banks or near a river? Permission is granted by landowners who's land your standing on or club permission's. But on the other hand, if you were walking there Im assuming its a public area so was maybe a bit dangerous what they were doing

it was a good bit from civilization and you can see 360 deg so the individuals seen me walking up to them, they had their guns broke before i reached them.

i thought the walk ways on the river where owned by Waterways Ireland ? If it is legal and as the canal runs miles upon miles then would that mean you could decoy for ducks later on in the season:rolleyes:

Hunter21

Tackleberrywho wrote: »

The canal is owned by us and taken care of by the OPW.
On both sides of the canal there is a public path/road.

So them boys could have got in bother had the Garda wanted to be awkward, even if there were miles from anywhere

Ive seen canals with no constructed paths (concrete or tar) and no roadway beside or in close proximity to them, same as many rivers :rolleyes: so I and many would assume that some sections of canal the laws and rules of river shooting would also apply. Rivers are also owned by "us" and meant to be taken care of by the OPW

Hunter21

Spunk84 wrote: »

it was a good bit from civilization and you can see 360 deg so the individuals seen me walking up to them, they had their guns broke before i reached them.

i thought the walk ways on the river where owned by Waterways Ireland ? If it is legal and as the canal runs miles upon miles then would that mean you could decoy for ducks later on in the season:rolleyes:

Its a tough one Spunk84, look at it this way if I went shooting for duck I must get permission off the land owner, yet if I went foshing there I have to get permission off the river stretch rights owner.. Its a messy situation! How come the farmer has no say in the fishing and how come the river fishing rights owner has no say on the shooting on his stretch?? I might be all wrong in what Im saying but thats the way we work it around here and no one says nowt if you have your permission be it for which ever sport your doing.. Its a weird one.

Spunk84

Hunter21 wrote: »

Its a tough one Spunk84, look at it this way if I went shooting for duck I must get permission off the land owner, yet if I went foshing there I have to get permission off the river stretch rights owner.. Its a messy situation! How come the farmer has no say in the fishing and how come the river fishing rights owner has no say on the shooting on his stretch?? I might be all wrong in what Im saying but thats the way we work it around here and no one says nowt if you have your permission be it for which ever sport your doing.. Its a weird one.

it is, i was told you can shoot the fields beside a canal when ducks flight over but not on the canal. I always under the impression its because it is a public walk way but as i was saying early if the walk way is never used as per the distance then it "might" fall under the river scenario you mentioned LOL hmmm very interesting

Tackleberrywho

Hunter21 wrote: »

Ive seen canals with no constructed paths (concrete or tar) and no roadway beside or in close proximity to them, same as many rivers :rolleyes: so I and many would assume that some sections of canal the laws and rules of river shooting would also apply. Rivers are also owned by "us" and meant to be taken care of by the OPW

The Canal was a thoroughfare long before Tar and concrete roads were. Barges were towed by horses.

Rivers are OPW but only to the high water mark; the rest is private property.

I've grown up beside both. Canals are navigable so shooting can be frowned upon.

And shooting crows on a canal may not be deemed crop/livestock protection.

Hunter21

Spunk84 wrote: »

it is, i was told you can shoot the fields beside a canal when ducks flight over but not on the canal. I always under the impression its because it is a public walk way but as i was saying early if the walk way is never used as per the distance then it "might" fall under the river scenario you mentioned LOL hmmm very interesting

I'll throw another spanner into the works, Ive heard that anyone has right of way for walking on land. Walkers rights or something like that.
Ive met people walking on land I shoot, where shooting also goes on. Also ive met walkers on land next to rivers. There is no walkway in any of these cases they are just out walking as they have a right to (I think). If there is such things as "walkers rights" where they can walk on most land, and if the case of not being able to shoot near a canal due to walkers is true doesnt that mean technically and exageratingly that we cannot shoot anywhere cos of- walkers :o:(:rolleyes:

I am open to correction on every post ive said on this thread, it might not be factual but Im saying it from my point of view.

Spunk84

how can you own a canal walk way, isnt the walkway belong to the canal thus owned by "us" in essence ? As for the walkways were i am its just a bank which has been corroded over the years- would that make a foreshore license useless ?

Hunter21

Irish law is great on paper, but in reality has more grey area in it then a cloudy day!

Grizzly 45

No!
You cant just traipse over every bit of land.Despite what the wollen bobble hatted ones would let you belive. There has to be an established right of way.[See the Lissadell house court case on this] Or an ancient right of way[IE a mass path,old coach road,shortcut or such] That has been used by an individual or the public for seven years plus.
If your property is enclosed IE walled or fenced and there is no established or ancient ROW it is tresspass.
BUT
You cant fence off or deny access to the ROW either.[Bull Mac Cabe in Donegal a few years ago].Even if it cuts your property in half.



It's a messy one,because some people are importing UK law here and mistakenly beliving we are still part of the UK.:)

Spunk84

Grizzly 45 wrote: »

No!
You cant just traipse over every bit of land.Despite what the wollen bobble hatted ones would let you belive. There has to be an established right of way.[See the Lissadell house court case on this] Or an ancient right of way[IE a mass path,old coach road,shortcut or such] That has been used by an individual or the public for seven years plus.
If your property is enclosed IE walled or fenced and there is no established or ancient ROW it is tresspass.
BUT
You cant fence off or deny access to the ROW either.[Bull Mac Cabe in Donegal a few years ago].Even if it cuts your property in half.



It's a messy one,because some people are importing UK law here and mistakenly beliving we are still part of the UK.:)

isnt a public access way mean then it is open to the public to use?

Grizzly 45

Simply dunno..A right of way can be private to an individual as well,and a public right of way can be open obviously to the GP,even if it is unknown to most,if that makes sense.
However,it has to have been there for a long time[dont know how long],and it seems to be immaterial as to the frequency of use too.
Like I said very messy..

Tackleberrywho

My Grandfather had a right of way through a neighbors land to get turf.
It went to law once when there was a dispute wit5h several neighbors.

One neighbour had to buy the right of way of 4 peole to fence off his land.
The land was a Turbar (excuse spelling) and nobody owned it until teh rights were sold to one neighbour.


Gas thing is his Son lets me shoot duck on it!

You will find both the Royal and Grand Canal are Rights of way for hundreds of years and once people can prove that they are still used they will stay rights of way.
Both sides or one side depending were used as paths for horses and routes for loading/unloading Turf & Guinness etc