OpenLegislation

Paragraph 6 F1

England and Wales

Any offence under section 211 of the Water Resources Act 1991 consisting in a contravention of a byelaw made for any of the following purposes mentioned in paragraph 6(2) of Schedule 25 to that Act—

(a)

prohibiting the taking or removal from any water without lawful authority of any fish F2to which paragraph 6 of that Schedule applies, whether alive or dead;

(F3aa)

specifying close seasons or times for the taking of any fish to which that paragraph applies by such means as may be prescribed by the byelaws;

(b)

prohibiting or regulating the taking of F4any fish to which that paragraph applies of a size greater or less than that prescribed by the byelaw;

(c)

prohibiting the use for taking F5fish to which that paragraph applies of any instrument F6 ... in such waters and at such times as are prescribed by the byelaw;

(d)

specifying the nets and other instruments F7 ... which may be used for taking F8fish to which that paragraph applies and imposing requirements as to the use of such nets and other instruments;

(e)

imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh;

(f)

prohibiting the carrying in any boat or vessel whilst being used in fishing for F9fish to which that paragraph applies of any net F10which may not lawfully be used, or which is without the mark, label or number prescribed by the byelaw;

(g)

prohibiting or regulating the carrying in a boat or vessel during F11any close season or time for any description of fish to which that paragraph applies of a net capable of taking fish of that description, other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.

Annotations

Textual amendments

F1

Sch. 4 para. 6 and preceding cross-heading substituted for para. 6 (E.W.) (1.12.1991) by Water Consolidation (Consquential Provisions) Act 1991 (SIF 130, c. 60), ss. 2, 4(2), Sch. 1 para.37

F2

Sch. 4 para. 6(aa) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(3); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F3

Words in Sch. 4 para. 6(a) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(2); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F4

Words in Sch. 4 para. 6(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(4); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F5

Words in Sch. 4 para. 6(c) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(5)(a); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F6

Words in Sch. 4 para. 6(c) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(5)(b), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)

F7

Words in Sch. 4 para. 6(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(6)(a), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)

F8

Words in Sch. 4 para. 6(d) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(6)(b); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F9

Words in Sch. 4 para. 6(f) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(7)(a); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F10

Words in Sch. 4 para. 6(f) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(7)(b); S.I. 2009/3345, art. 2, Sch. para. 15(i)

F11

Words in Sch. 4 para. 6(g) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(8); S.I. 2009/3345, art. 2, Sch. para. 15(i)

Notes on Offences against byelaws relating to salmon and other freshwater fishing

Textual amendments

F1

Sch. 4 para. 6 and preceding cross-heading substituted for para. 6 (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 2, 4(2), Sch. 1 para. 37