OpenLegislation

Salmon and Freshwater Fisheries Act 1975 in Scotland

1975 c. 51 · Enacted 1 August 1975 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 June 2022.

Contents

  1. 19Close seasons and close times. Repealed
  2. 20Close seasons and close times—fixed engines and obstructions. Repealed
  3. 21Eel baskets etc. Repealed
  4. 22Sale of salmon and trout. Repealed
  5. 27BUnauthorised fishing etc
  6. Part V: Administration and Enforcement
  7. Regulation of fisheries etc.
  8. 28General powers and duties of water authorities and Minister.
  9. 36Provisions supplementary to sections 31 to 35.
  10. 37Prosecution etc. of offences.
  11. Part VI: Miscellaneous and Supplementary
  12. 39Border rivers and Solway Firth.
  13. 40APower to specify fish
  14. 40BOrders: supplementary
  15. 42Repeals etc.
  16. 2Paragraph 2 Repealed
  17. 4Paragraph 4 Repealed
  18. 5Paragraph 5 Repealed
  19. 6Paragraph 6 Repealed
  20. Duty on licences
  21. 6Paragraph 6
  22. 6Paragraph 6
  23. Net etc. licences for salmon and trout fishing
  24. 9Paragraph 9
  25. 14Paragraph 14
  26. Historic installations
  27. Miscellaneous
  28. 16Paragraph 16
  29. Part I: Orders
  30. Scope
  31. 1Paragraph 1
  32. 2Paragraph 2
  33. 3Paragraph 3
  34. 4Paragraph 4
  35. Procedure
  36. 5Paragraph 5
  37. 6Paragraph 6
  38. 12Paragraph 12 Repealed
  39. Part II: Byelaws
  40. Purposes for which Byelaws may be made
  41. Part III: Miscellaneous
  42. Schedule 4: Offences
  43. Part II: Procedure
  44. 3Paragraph 3

19Close seasons and close times.C1F1

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20Close seasons and close times—fixed engines and obstructions.F1

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21Eel baskets etc.F1

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22Sale of salmon and trout.F1

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27BUnauthorised fishing etcF1

(1)

A person is guilty of an offence if, by any means other than a licensable means of fishing, he fishes for or takes any fish in circumstances where—

(a)

the fishing or taking may be authorised under section 27A above, but

(b)

he is not authorised to fish for or take the fish under that section (or is so authorised but the fishing or taking is in breach of any condition of his authorisation).

(2)

A person is guilty of an offence if he has an instrument in his possession, other than an instrument which is a licensable means of fishing, with intent to use it to fish for or take fish in circumstances where—

(a)

the fishing or taking may be authorised under section 27A above, but

(b)

he is not authorised to fish for or take the fish under that section (or is so authorised but the fishing or taking would be in breach of any condition of an authorisation under that section).

28General powers and duties of water authorities and Minister.

F1(1)

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(2)

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(2A)

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(3)

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F2(4)

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(5)

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(6)

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(7)

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(8)

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36Provisions supplementary to sections 31 to 35.C1

C2(1)

A water bailiff and a person appointed by the Minister shall be deemed to be a constable for the purpose of the enforcement of this Act, or any order or byelaw under it, and to have all the same powers and privileges, and be subject to the same liabilities as a constable duly appointed has or is subject to by virtue of the common law or of any statute.

(2)

The production by a water bailiff or a person appointed by the Minister of evidence of his appointment shall be a sufficient warrant for him exercising the powers conferred on him by this Act.

(3)

A police constable whose services are provided under paragraph 39(1)(c) of Schedule 3 below shall have all the powers and privileges of a water bailiff.

37Prosecution etc. of offences.

Parts I and II of Schedule 4 to this Act shall have effect with regard to the prosecution and punishment of offences against this Act and the procedure on such prosecutions.

39Border rivers and Solway Firth.

C1(1)

This Act—

(a)

does not apply to the River Tweed, but

(b)

F1except where otherwise indicated,applies to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,

and in this subsection “the River Tweed” F2means the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 ( S.I.   2006/2913 )).

F3(1A)

In the application of this Act, under subsection (1)( b ) above, to the River Esk in Scotland, references to this Act in sections 31 to 33 and section 36 shall be construed as including references to sections 1, 3 and 18 to 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act M1 1951 as applied to that River by section 21 of that Act.

F4(1B)

Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence—

(a)

against this Act;

(b)

against section 1 of the M2 Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or

(c)

which is deemed to be an offence under this Act by virtue of section 211(6) of the M3 Water Resources Act 1991,

which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1)(b) above.

(1C)

The modifications referred to in subsection (1B) above are—

(a)

references in sections 31 to 34 of this Act to “ this Act ” shall be construed as including references to section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and

(b)

in section 33—

(i)

references to a justice of the peace shall be construed as including references to a sheriff; and

(ii)

in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.

(2)

Where the minimum size of mesh of nets used for taking salmon prescribed by any provision of this Act or by any byelaw in force in any part of the Solway Firth within England is greater than that which may be lawfully used in the part of the Solway Firth within Scotland, the provision or byelaw shall have effect as if the minimum size of mesh so prescribed in relation to the part of the Solway Firth within England were such as may be so lawfully used as aforesaid in the part of the Solway Firth within Scotland.

(3)

The limits of the Solway Firth for the purposes of this section shall be determined by the Minister.

(4)

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F6(5)

Nothing in this section F7the Water Resources Act 1991F8or the Water Act 1989 shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act.

40APower to specify fishF1

The appropriate national authority may by order specify fish of any description for the purposes of any or all of the following—

(a)

section 1, 2, 25 or 27A above;

(b)

section 32 of the Salmon Act 1986;

(c)

paragraph 6 of Schedule 25 to the Water Resources Act 1991;

(d)

section 6(6) of the Environment Act 1995.

40BOrders: supplementaryF1

(1)

An order under section 1, 25 or 40A above may make different provision for different purposes (and, in particular, different provision in relation to different areas or waters).

(2)

Such an order is to be made by statutory instrument.

(3)

A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of—

(a)

either House of Parliament, in the case of an order made by the Secretary of State;

(b)

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

42Repeals etc.

C1(1)

The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2)

In section 18(1) of the M1Sea Fish (Conservation Act 1967 (enforcement of orders in relation to salmon and migratory trout) for paragraph (a) there shall be substituted the following paragraph:—

“(a)

section 31 (1)(d) of the Salmon and Freshwater Fisheries Act 1975 (which confers power of seizure)shall apply as if the reference in it to that Act included a reference to this Act, and sections 36(1) and (2) of that Act, and paragraph 8 of Schedule 4 (all of which contain ancilliary provisions), shall be construed accordingly as including references to that Act as applied by this subsection;”

(3)

In so far as any instrument made or other thing whatsoever done under any enactment repealed by this Act could have been made or done under a corresponding enactment in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding enactment; and for the purposes of this provision anything which under section 93(2) of the M2Salmon and Freshwater Fisheries Act 1923 had effect as if done under any enactment in that Act shall, so far as may be necessary for the continuity of the law, be treated as done under the corresponding enactment in this Act.

(4)

Any enactment or other document referring to an enactment repealed by this Act or by the M3Salmon and Freshwater Fisheries Act 1923 shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

(5)

Nothing in this Act shall affect the admissibility in evidence of any instrument made under the M4Salmon Fishery Act 1865.

(6)

Section 254(2)(c) of the M5Local Government Act 1972 (power of Secretary of State to amend, etc., enactments by order) shall apply to this Act as if it had been passed before 1st April 1974.

F1(7)

The M6Water Act 1973 shall have effect as if the functions conferred on water authorities by section 28(1) and (2) above were conferred by it.

(8)

Nothing in this Act shall affect the legal right of any conservators, directors, commissioners, undertakers or other persons to dredge, scour, cleanse or improve any navigable river, canal or other inland navigation.

(9)

Nothing in this Act shall be taken as prejudicing the operation of section 38 of the M7Interpretation Act 1889 (which relates to the effect of repeals).

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6X1

No duty fixed under the foregoing provisions of this Schedule shall take effect until the beginning of the year following that in which it is fixed or, in the case of a duty required to be approved by the Minister, in which it is approved by him.

6F1

Where the fixing or alteration of any duty takes effect under this Schedule at any time, no alteration or, as the case may be, further alteration of that duty shall so take effect within the period of twelve months beginning with that time.

9X1

A person shall be treated for the purposes of section 25(3) above as the duly authorised servant or agent of the holder of a licence to use an instrument of any description only in the following cases—

(a)

in an area in which there is in force an order under section 26 above limiting the number of licences for fishing with instruments of that description, if his name and address are entered on the licence in accordance with the following provisions of this Schedule and he is not the holder of another licence to use an instrument of that description in that area;

(b)

in any other area, if his name and address are so entered or when using the instrument to which the licence relates he is accompanied by the licensee; or

(c)

in the case of any area, if the water authority direct that owing to special circumstances he is to be so treated.

14

Any person who, with intent to deceive, enters on a licence more names than are permitted by paragraph 13 above or states falsely the date of entry in a licence is guilty of an offence.

16

A fishing licence shall not confer any right to fish at a place or a time at which the licensee is not otherwise entitled to fish.

1F1

An order may provide—

(a)

for the imposition, collection and recovery by a water authority of contributions assessed on several fisheries regulated by the order or on the owners and occupiers of such fisheries;

(b)

for enabling the water authority with the approval of the Minister, but subject to paragraphs 2 and 3 below, to erect and work by themselves or their lessees any fixed engine for catching salmon or migratory trout within the area within which the order is to apply;

(c)

for modifying in relation to the fisheries within the area any of the provisions of this Act which relate to the regulation of fisheries, or of any local Act relating to any fishery within the area.

2

An order shall not authorise a fixed engine to be worked for a period exceeding five years unless authorisation is from time to time extended by licence of the Minister for such terms as may be specified in the licence and not exceeding at any one time five years.

3

The Minister shall not grant a licence until he has inquired into the effect of the working of the engine on the salmon or trout fisheries within the area.

4

An order may contain any incidental, consequential or supplemental provisions, including provisions for payment of compensation to persons injuriously affected by the order, which may appear to be necessary or proper for the purposes of the order.

5

An application for an order may be made by any of the following, namely—

(a)

a water authority;

F1(b)

a F2county or metropolitan district council;

(c)

persons who in the opinion of the Minister are the owners of one-fourth at least in value of the several fisheries proposed to be regulated or constitute a majority of the persons holding licences to fish in public waters within the area of the proposed order;

(d)

any association of persons which in the opinion of the Minister is sufficiently representative of fishing interests within that area.

6

The applicant for an order shall give such security for the Minister’s expenses as the Minister may require.

12F1

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3

Offences against this Act committed in Scotland shall be proceeded against and punished in Scotland.