Section 19 Penalties for destroying the young of salmon, or disturbing spawning beds.C2C1
Every person who shall F1knowingly take or destroy any smolt or salmon fry, or shall buy, sell, or expose for sale, or have in his possession, the same, or shall place any device or engine for the purpose of obstructing the passage of the same, or shall knowinglyinjure the same, or shall knowinglyinjure or disturb any salmon spawn, or disturb any spawning bed, or any bank or shallow in which the spawn of salmon may be, or during the annual close time shall obstruct or impede salmon in their passage to any such bed, bank, or shallow, shall be liable to a penalty not exceeding five pounds for every such offence, and shall forfeit every rod, line, net, device, or engine used in committing any such offence, and shall forfeit any smolt or salmon fry that may be found in his possession; but nothing herein contained shall apply to acts done . . . F2 in the course of cleaning or repairing any dam or mill-lade, or in the course of the exercise of rights of property in the bed of any river or stream: Provided also, that the district board may, with the consent of all the proprietors of salmon fisheries in any river or estuary, adopt such means as they think fit for preventing the ingress of salmon into narrow streams in which they or the spawning beds are from the nature of the channel liable to be destroyed, but always so that no water rights used or enjoyed for the purposes of manufactures, or agricultural purposes or drainage, shall be interfered with thereby.
Annotations
Textual amendments
- F1
Word substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 4
- F2
Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 3(2)
Modifications
- C1
S. 19 extended by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), s. 22(1) and amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 6, Sch. 2
- C2
S. 19 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iii), 29
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The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5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))