Section 15 Penalties for offences.C3
F1Any person,—
Who fishes for, takes, or attempts to take, or aids or assists in fishing for, taking, or attempting to take, salmon during the annual close time by any means other than rod and line;
Who fishes for, takes, or attempts to take, or aids or assists in fishing for, taking, or attempting to take, salmon (except during Saturday or Monday by rod and line) during the weekly close time, or contravenes in any way any byelaw in force regarding the observance thereof;
Who fishes for or takes, or aids in fishing for or taking, salmon during the annual close time by means of rod and line at a period not sanctioned by the byelaws in force in the district;
Who fishes for or aids in fishing for salmon with a net having a mesh contrary to any byelaw;
Who sets or uses, or aids in setting or using, a net or any other engine for the capture of salmon when leaping at or trying to ascend any fall or other impediment, or when falling back after leaping;
Who does any act for the purpose of preventing salmon from passing through any fish pass, or taking any salmon in its passage through the same;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Who in any way contravenes any byelaw;
F3shall be guilty of an offence; and section 19 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (forfeiture of fish, instruments, articles, vehicles or boats) shall apply in relation to persons convicted of an offence under this section as it applies to those convicted of an offence under Part I or section 13 of that Act
Annotations
Textual amendments
- F1
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(1)(a)
- F2
S. 15 para. (7) repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(1)(b)
- F3
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(1)(c)
Modifications
- C1
S. 15 paras. (2)(3)(4) amended by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(2)(b)
- C2
S. 15 para. (8) amended by Salmon Act 1986 (c. 62, SIF 52:2), s. 5(2)(a)
- C3
S. 15 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), ss. 6, 7, Sch. 2, Sch. 3 Pt. I para. 5(a)-(c)
Notes on the whole Act
Textual amendments
- F1
Preamble (which recites Salmon Fisheries (Scotland) Act 1862 (c. 97), Salmon Fisheries (Scotland) Act 1863 (c. 50) and Salmon Fisheries (Scotland) Act 1864 (c. 118)) omitted under authority of Statute Law Revision Act 1893 (c. 14)
- F2
The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5
- F3
Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2
- F4
Act repealed in relation to the Tweed District (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 (with art. 1(3))