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The Northumbrian Water Authority (T Nets) (Northern Area) Order 1987

S.I. 1987/612 · Made 6 February 1987

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

RIVER, ENGLAND AND WALES

SALMON AND FRESHWATER FISHERIES

Made 6th February 1987

Coming into force 26th March 1987

Whereas the Minister of Agriculture, Fisheries and Food, in accordance with paragraph 7 of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975f1, caused notice of his intention to make an Order and of the place where copies of the draft of the Order could be inspected and obtained, and of the time within and manner in which objections to the draft Order might be made, to be published in the London Gazette and in the South Shields Gazette, the Newcastle Journal, the Northumberland and Morpeth Gazette, the Newcastle Evening Chronicle, the Middlesborough Evening Gazette, the Hexham Courant, the Northern Echo, the Durham Advertiser, the Darlington and Stockton Times and the Sunderland Echo, being such manner as he thought best adapted for informing persons affected;

And whereas the said Minister has considered all the objections made to the draft Order;

Now, therefore, the said Minister in exercise of the powers conferred upon him by section 28(3), (5) and (6) of, and paragraph 1(c) of Schedule 3 to, the said Act and of all other powers enabling him in that behalf, on the application of the Northumbrian Water Authority in accordance with paragraph 5(a) of the said Schedule 3, hereby makes the following Order:–

Annotations to the whole text

Footnotes

f1

1975 c. 51.

Contents

  1. 1Title, commencement and interpretation
  2. 2Modification of provisions of the Salmon and Freshwater Fisheries Act 1975
  3. Signature
  4. Explanatory note

1Title, commencement and interpretation

(1)

This Order may be cited as the Northumbrian Water Authority (T Nets) (Northern Area) Order 1987; unless a memorial is presented to the Minister of Agriculture, Fisheries and Food in accordance with paragraph 9 of Schedule 3 to the Act praying that it shall be subject to special parliamentary proceduref1, this Order shall come into operation on the day after the date of its confirmation by the Minister of Agriculture, Fisheries and Food.

(2)

In this Order–

  • “the Act” means the Salmon and Freshwater Fisheries Act 1975;

  • “the northern area” means those tidal waters and parts of the sea which are included in the area of the Northumbrian Water Authority between Goswick Sands and Souter Point.

2Modification of provisions of the Salmon and Freshwater Fisheries Act 1975

(1)

In relation to any fisheries within the northern area–

(a)

section 6 of the Actf1 shall have effect as if it did not apply in the case of a T net which is not outrigged;

(b)

paragraph 21 of Schedule 3 to the Act shall have effect as if the the words “(not being fixed engines)” were omitted.

(c)

paragraph 25 of that Schedule shall have effect as if the words “(not being a fixed engine)” were omitted.

(2)

In paragraph (1) of this article–

“T net” means a net having one or more bags, pockets or monks, a headpiece not exceeding 92 metres in length and a tailpiece not exceeding 230 metres in length, which when shot from a fishing coble in the form of a letter “T” is suspended in the water by means of floats and is or is intended to be maintained stationary by anchors or weights;

“outrigged”, in relation to a T net, means set out on the seaward side of, and in line with, any other such net.

Signature

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th February 1987.

L.S.

J.C. Edwards

Assistant Secretary,on behalf of the Minister of Agriculture, Fisheries and Food

Confirmed by the Minister of Agriculture, Fisheries and Food.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th March 1987.

J.C. Edwards

Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food

Explanatory note

(This note is not part of the Order)

This Order, which replaces the expired Northumbrian Water Authority (“T” Nets) Order 1976, applies only to the northern part of the Authority’s area and modifies in relation to any fisheries within that part of the area section 6 of, and paragraphs 21 and 25 of Schedule 3 to, the Salmon and Freshwater Fisheries Act 1975.

The Order–

(a)

permits the use of T nets which are not outrigged throughout that part of the area to which it applies;

(b)

enables the Authority to make byelaws regulating the use in that part of the area of fixed engines in relation to fishing for salmon, trout or eels.