Salmon and Freshwater Fisheries Act 1975
1975 CHAPTER 51 cross-notesI1E1
An Act to consolidate the Salmon and Freshwater Fisheries Act 1923 and certain other enactments relating to salmon and freshwater fisheries, and to repeal certain obsolete enactments relating to such fisheries.
[1st August 1975]
Part I Prohibition of Certain Modes of Taking or Destroying Fish, etc.
1 Prohibited implements.
(1) F1 ... no person shall—
(a) use any of the following instruments, that is to say—
(i) M1 a firearm within the meaning of the Firearms Act 1968;
(ii) an otter lath or jack, wire or snare;
(iii) a crossline or setline;
(iv) a spear, gaff, [F2 tailer, F2] stroke-haul, snatch or other like instrument;
(v) a light;
for the purpose of taking or killing [F3salmon, trout, eels, lampreys, smelt, shad, freshwater fish and any specified fish in any waters F3] ;
(b) have in his possession any instrument mentioned in paragraph ( a ) above intending to use it to take or kill [F4 any such fish in any waters F4] ; or
(c) throw or discharge any stone or other missile for the purpose of taking or killing, or facilitating the taking or killing of [F5 any such fish in any waters F5] .
[F6 (1A) In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.
(1B) The appropriate national authority may by order amend subsection (1)(a) above so as to—
(a) add any instrument to it; or
(b) remove any instrument for the time being specified in it. F6]
(2) If any person contravenes this section, he shall be guilty of an offence unless he proves to the satisfaction of the court that the act was done for the purpose of the preservation or development of a private fishery and with the previous permission in writing of [F7 the appropriate agencyF7] .
(3) In this section—
“ crossline ” means a fishing line reaching from bank to bank across water and having attached to it one or more lures or baited hooks;
“ otter lath or jack ” includes any small boat or vessel, board, stick or other instrument, whether used with a hand line, or as auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise;
“ setline ” means a fishing line left unattended in water and having attached to it one or more lures or baited hooks;
“ stroke-haul or snatch ” includes any instrument or device, whether used with a rod and line or otherwise, for the purpose of foul hooking any fish.
[F8 (3A) References in this section to any waters include waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured. F8]
F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Roe, spawning and unclean fish, etc. cross-notes
(1) Subject to subsection (5) below, any person who, for the purpose of fishing for [F10salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters F10] —
(a) uses any fish roe; or
(b) buys, sells, or exposes for sale, or has in his possession [F11 any fish roe F11] ,
shall be guilty of an offence.
(2) Subject to subsections (3) [F12 , (3A) F12] and (5) below, any person who—
(a) knowingly takes, kills or injures, or attempts to take, kill or injure, any [F13salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters F13] which is unclean or immature; or
(b) buys, sells, or exposes for sale, or has in his possession [F14 any such fishF14] which is unclean or immature, or any part of any such fish,
shall be guilty of an offence.
(3) Subsection (2) above does not apply to any person who takes a fish accidentally and returns it to the water with the least possible injury.
[F15 (3A) Subsection (2) above does not apply where a person takes an immaturefreshwater fish in circumstances prescribed by byelaws. F15]
(4) Subject to subsection (5) below, any person who, except in the exercise of a legal right to take materials from any waters, wilfully disturbs any spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence.
(5) A person shall not be guilty of an offence under this section in respect of any act, if he does the act for the purpose of the artificial propagation of [F16fish of any description F16] or for some scientific purpose or for the purpose of the preservation or development of a private fishery and has obtained the previous permission in writing of [F17 the appropriate agencyF17] .
[F18 (6) In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.
(7) Subsection (3A) of section 1 above applies for the purposes of this section. F18]
F193 Nets. cross-notes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Poisonous matter and polluting effluent. cross-notes
(1) F20 ... any person who causes or knowingly permits to flow, or puts or knowingly permits to be put, into any waters containing fish or into any tributaries of waters containing fish, any liquid or solid matter to such an extent as to cause the waters to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish, shall be guilty of an offence.
F21 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Proceedings under this section shall not be instituted [F22 except by the appropriate agency or F22] by a person who has first obtained a certificate from the Minister that he has a material interest in the waters alleged to be affected.
5 Prohibition of use of explosives, poisons or electrical devices and of destruction of dams etc. cross-notes
(1) Subject to [F23 subsections (2) and (2A) F23] below, no person shall use in or near any waters (including waters adjoining the coast of England and Wales [F24 to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured F24] any explosive substance, any poison or other noxious substance, or any electrical device, with intent thereby to take or destroy fish.
(2) Subsection (1) above shall not apply to the use by a person of any substance or device—
(a) for a scientific purpose, or for the purpose of protecting, improving or replacing stocks of fish; and
(b) F27 with the permission in writing [F25 of the appropriate agency, for which that agency may F25][F26 charge a fee F26] . . .;
F28 . . .
[F29 (2A) Subsection (1) above shall not apply to anything done pursuant to an authorisation granted by the [F30appropriate agencyF30] under section 27A below. F29]
(3) No person shall, without lawful excuse, destroy or damage any dam, flood-gate or sluice with intent thereby to take or destroy fish.
(4) A person who contravenes subsection (1) or (3) above or who, for the purpose of contravening subsection (1) above, has in his possession any explosive or noxious substance or any electrical device, shall be guilty of an offence.
(5) The use of any substance in any waters for a purpose falling within paragraph ( a ) of subsection (2) above, and with the permission mentioned in paragraph ( b ) of that subsection, shall not constitute an offence under—
(a) section 4 above;
(b) any byelaws made under paragraph 31 of Schedule 3 below;
[F31 (c) regulation 38(1) of F31][F32the Environmental Permitting (England and Wales) Regulations 2016F32] ;
(d) M2 section 22(1)( a ) of the Rivers (Prevention of Pollution) (Scotland) Act 1951.
F33 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Obstructions to Passage of Fish
F346 Fixed engines.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F347 Fishing weirs.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F348 Fishing mill dams.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Duty to make and maintain fish passes. cross-notes
(1) Where in any waters frequented by salmon or migratory trout—
(a) a new dam is constructed or an existing dam is raised or otherwise altered so as to create increased obstruction to the passage of salmon or migratory trout, or any other obstruction to the passage of salmon or migratory trout is created, increased or caused; or
(b) a dam which from any cause has been destroyed or taken down to the extent of one-half of its length is rebuilt or reinstated,
the owner or occupier for the time being of the dam or obstruction shall, if so required by notice [F35 given by the appropriate agency and within F35] such reasonable time as may be specified in the notice, make a fish pass for salmon or migratory trout of such form and dimensions [F36 as the appropriate agency may F36] approve as part of the structure of, or in connection with, the dam or obstruction, and shall thereafter maintain it in an efficient state.
(2) If any such owner or occupier fails to make such a fish pass, or to maintain such a fish pass in an efficient state, he shall be guilty of an offence.
(3) [F37 The appropriate agencyF37] may cause to be done any work required by this section to be done, and for that purpose may enter on the dam or obstruction or any land adjoining it, and may recover the expenses of doing the work in a summary manner from any person in default.
(4) Nothing in this section—
(a) shall authorise the doing of anything that may injuriously affect any public waterworks or navigable river, canal, or inland navigation, or any dock, the supply of water to which is obtained from any navigable river, canal or inland navigation, under any Act of Parliament; or
(b) shall prevent any person from removing a fish pass for the purpose of repairing or altering a dam or other obstruction, provided that the fish pass is restored to its former state of efficiency within a reasonable time; or
(c) shall apply to any alteration of a dam or other obstruction, unless—
(i) the alteration consists of a rebuilding or reinstatement of a dam or other obstruction destroyed or taken down to the extent of one-half of its length, or
(ii) the dam or obstruction as altered causes more obstruction to the passage of salmon or migratory trout than was caused by it as lawfully constructed or maintained at any previous date.
10[F38 Power of appropriate agency F38] to construct and alter fish passes.
(1) F40[F39 The appropriate agencyF39] may, . . .construct and maintain in any dam or in connection with any dam a fish pass of such form and dimensions [F41 as it may determine F41] , so long as no injury is done by such a fish pass to the milling power, or to the supply of water of or to any navigable river, canal or other inland navigation.
(2) F43[F42 The appropriate agencyF42] may, . . .abolish or alter, or restore to its former state of efficiency, any existing fish pass or free gap, or substitute another fish pass or free gap, provided that no injury is done to the milling power, or to the supply of water of or to any navigable river, canal or other inland navigation.
(3) If any person injures any such new or existing fish pass, he shall pay the expenses [F44 incurred by the appropriate agency in repairing F44] the injury, and any such expenses may be recovered [F45 by the appropriate agency in a summary manner F45] .
11 Minister’s consents and approvals for fish passes.
[F46 (1) Any approval given by the [F47appropriate agencyF47] to or in relation to a fish pass may, if in giving it the [F47appropriate agencyF47] indicates that fact, be provisional until the [F47appropriate agencyF47] notifies the applicant for approval that the pass is functioning to its satisfaction.
(1A) The applicant for any such approval—
(a) shall be liable to meet any costs incurred (whether by him or by the [F47appropriate agencyF47] or any other person) for the purposes of, or otherwise in connection with, the performance of the [F47appropriate agency's F47] function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and
(b) shall provide the [F47appropriate agencyF47] with such information or assistance as it may require for the purpose of performing that function. F46]
(2) While any such approval [F48 is provisional, the [F47appropriate agencyF47,F48]] may, after giving the applicant not less than 90 days’ notice of [F49 its intention to do so, revoke the approval F49] .
(3) Where [F50 the [F47appropriate agencyF47,F50]] revokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, [F51 it F51] may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.
(4) [F52 The [F47appropriate agencyF47,F52]] may approve and certify any fish pass if [F53 it F53] is of opinion that it is efficient in all respects and for all purposes, whether it was constructed under this Act or not.
(5) Where a fish pass has received the approval of [F54 the [F47appropriate agencyF47,F54]] , and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in this Act.
12 Penalty for injuring or obstructing fish pass or free gap.
(1) If any person—
(a) wilfully alters or injures a fish pass; or
(b) does any act whereby salmon or trout are obstructed or liable to be obstructed in using a fish pass or whereby a fish pass is rendered less efficient; or
(c) alters a dam or the bed or banks of the river so as to render a fish pass less efficient; or
(d) uses any contrivance or does any act whereby salmon or trout are in any way liable to be scared, hindered or prevented from passing through a fish pass,
he shall be guilty of an offence, and shall also in every case pay any expenses which may be incurred in restoring the fish pass to its former state of efficiency; and any such expenses may be recovered in a summary manner.
(2) The owner or occupier of a dam shall be deemed to have altered it if it is damaged, destroyed or allowed to fall into a state of disrepair, and if after notice is served on him [F55 by the appropriate agency he F55] fails to repair or reconstruct it within a reasonable time so as to render the fish pass as efficient as before the damage or destruction.
(3) If any person—
(a) does any act for the purpose of preventing salmon or trout from passing through a fish pass, or takes, or attempts to take, any salmon or trout in its passage through a fish pass; or
(b) places any obstruction, uses any contrivance or does any act whereby salmon or trout may be scared, deterred or in any way prevented from freely entering and passing up and down a free gap at all periods of the year,
he shall be guilty of an offence.
(4) This section shall not apply to a temporary bridge or board used for crossing a free gap, and taken away immediately after the person using it has crossed.
13 Sluices.
(1) Subject to subsection (3) below, unless permission in writing is [F56 granted by the appropriate agency, any sluices F56] for drawing off the water which would otherwise flow over any dam in waters frequented by salmon or migratory trout shall be kept shut on Sundays and at all times when the water is not required for milling purposes, in such manner as to cause the water to flow through any fish pass in or connected with the dam or, if there is no such fish pass, over the dam.
(2) If any person fails to comply with this section, he shall be guilty of an offence.
(3) This section shall not prevent any person opening a sluice for the purpose of letting off water in cases of flood or for milling purposes or when necessary for the purpose of navigation or, subject to previous notice in writing being [F57 given by the appropriate authority, for cleaning F57] or repairing the dam or mill or its appurtenances.
F5814 Screens. cross-notes
(1) This section applies in any case where—
(a) by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and
(b) any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm;
and in this section “ the responsible person ” means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm.
(2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the [F59appropriate agencyF59] , ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which—
(a) subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and
(b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel.
(3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the [F60appropriate agencyF60] , ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which—
(a) prevents salmon or migratory trout from entering the outfall; and
(b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall.
(4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection).
(5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it.
(6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal.
(7) Any exemption under subsection (2) or (3) above may be granted subject to conditions.
(8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence.
(9) In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control.
(10) If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless—
(a) at least seven clear days before the hearing, and
(b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(11) Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court.
(12) The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw.
(13) The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923.
(14) Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation.
(15) In this section “ by-wash ” means a passage through which water flows.
15[F61 Power of appropriate agency F61] to use [F62 screens F62] etc. to limit movements of salmon and trout.
(1) [F63 The appropriate agency— F63]
(a) may cause a [F62screenF62] or [F62screensF62] of such form and dimensions as [F64 it F64] may determine to be placed and maintained, at the [F65 expense of the appropriate agency, at a suitable F65] place in any watercourse, mill race, cut, leat, conduit or other channel for conveying water for any purpose from any waters frequented by salmon or migratory trout; and
(b) may cause any watercourse, mill race, cut, leat, conduit or other channel in which a [F62screenF62] is placed under this section to be widened or deepened at the [F66 expense of the appropriate agency so far F66] as may be necessary to compensate for the diminution of any flow of water caused by the placing of the [F62screenF62] , or shall take some other means to prevent the flow of water being prejudicially diminished or otherwise injured.
(2) If any person—
(a) injures any such [F62screenF62] ; or
(b) removed any such [F62screenF62] or part of any such [F62screenF62] , except during any period of the year during which under a byelaw[F62screensF62] need not be maintained; or
(c) opens any such [F62screenF62] improperly; or
(d) permits any such [F62screenF62] to be injured, or removed, except as aforesaid, or improperly opened;
he shall be guilty of an offence.
(3) [F67 The appropriate agencyF67] may adopt such means [F68 as in its oppinion are necessary F68] for preventing the ingress of salmon or trout into waters in which they or their spawning beds or ova are, from the nature of the channel or other causes, liable to be destroyed.
(4) Nothing in this section shall—
(a) affect the liability under this Act of any person to place and maintain a [F62screenF62] ; or
(b) authorise a [F62screenF62] to be so placed or maintained during any period of the year during which under a byelaw[F62screensF62] need not be maintained; or
(c) authorise any [F62screenF62] to be placed or maintained so as to obstruct any conduit or channel used for navigation or in any way interfere with the effective working of any mill;
and nothing in subsection (3) above shall [F69 authorise the appropriate agency prejudicially F69] to interfere with water rights used or enjoyed for the purposes of manufacturing or for milling purposes or for drainage or navigation.
[F70 (5) In this section “ open ”, in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus. F70]
F7116 Boxes and cribs in weirs and dams.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7217 Restrictions on taking salmon or trout above or below an obstruction or in mill races.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Provisons supplementary to Part II. cross-notes
(1) If any person obstructs a person legally authorised whilst he is doing any act authorised by section 9, 10 or 15 above, he shall be guilty of an offence.
F73 ( 2 ) The [F74appropriate agencyF74] shall not—
(a) construct, abolish or alter any fish pass, or abolish or alter any free gap, in pursuance of section 10 above, or
(b) do any work under section 15 above,
unless reasonable notice of its intention to do so (specifying the section in question) has been served on the owner and occupier of the dam, fish pass or free gap, watercourse, mill race, cut, leat, conduit or other channel, with a plan and specification of the proposed work; and the [F74appropriate agencyF74] shall take into consideration any objections by the owner or occupier, before doing the proposed work.
(3) If any injury is caused—
(a) to any dam by reason of the construction, abolition or alteration of a fish pass or the abolition or alteration of a free gap in pursuance of section 10 above; or
(b) by anything [F75 done by the appropriate agency under F75] section 15 above,
any person sustaining any loss as a result may recover [F76 from the appropriate agency compensation F76] for the injury sustained.
(4) The amount of any compensation under section 10 [F77 or 15 F77] above shall be settled in case of dispute by a single arbitrator appointed by the Minister.
(5) In any case [F78 in which the appropriate agency is liable F78] to pay compensation under this Part of this Act in respect of injury or damage caused by the making or maintaining of any work, compensation shall not be recoverable unless proceedings for its recovery are instituted within two years from the completion of the work.
Part III Times of Fishing and Selling and Exporting Fish
F7919 Close seasons and close times. cross-notes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7920 Close seasons and close times—fixed engines and obstructions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7921 Eel baskets etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7922 Sale of salmon and trout.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8023 Export of salmon and trout.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8124 Consignment of salmon and trout.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Fishing Licences [F82 and authorisations F82]
25 Licences to fish. cross-notes
[F83 (1) The [F84appropriate agencyF84] shall by means of a system of licensing regulate fishing by licensable means of fishing for—
(a) salmon, trout, eels, lampreys, smelt and freshwater fish; and
(b) fish of such other description as may be specified for the purposes of this section by order under section 40A below.
(1A) In this Act “ licensable means of fishing ” means any of the following—
(a) rod and line;
(b) an historic installation;
(c) such other means of fishing as the appropriate national authority may by order specify.
(1B) In this Act “ historic installation ” means any of the following—
(a) a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine;
(b) a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage;
(c) a fishing weir or fishing mill dam which was lawfully in use on 6th August 1861 by virtue of a grant or charter or immemorial usage. F83]
(2) Subject to the following provisions of this section, a licence granted for the purposes of this section (hereafter in this Act referred to as a “fishing licence”) shall entitle the person to whom it was granted and no others to use [F85 the means of fishing F85] specified in the licence to fish for any fish[F86 of a description, in an area and for a period F86][F86 of such a description, in such area or areas[F87 (or in waters of such description or descriptions) F87] and for such period as is F86] so specified.
(3) A fishing licence for the use of [F88 any means of fishing F88] other than a rod and line to fish for salmon or trout shall also authorise the use of [F89 that means of fishing F89] for that purpose by the duly authorised servants or agents of the person to whom it was granted, but [F90 not exceeding the number permitted by paragraph 13 of Schedule 2 to this ActF90][F90 subject to the provisions of paragraphs 9 to 13 of Schedule 2 to this ActF90] .
(4) F91 A fishing licence for the use of a rod and line shall entitle the licensee to use as ancillary to that use a ... landing net.
F92 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Any person or association entitled to an exclusive right of fishing in any inland waters may be granted a general licence to fish in those waters subject to any conditions agreed [F94 between the appropriate agency and the licensee F94] , and the licence shall entitle the licensee and, subject to paragraph 9 of Schedule 4 below, any person authorised by him in writing, or in the case of an association, by its secretary so to fish.
(8) Schedule 2 to this Act shall have effect with respect to fishing licences.
(9) M3 Any licence in force under any provision of section 61 of the Salmon and Freshwater Fisheries Act 1923 immediately before 29th June 1972 shall be treated as having been granted under the corresponding provision of this section.
[F95 (10) For the purposes of this Part, the [F96appropriate agencyF96] may permit a person to take fish of any description in circumstances where he would for those purposes otherwise require a fishing licence. F95]
[F95 (11) Permission under subsection (10) above—
(a) must be in writing;
(b) may be given generally or specifically;
(c) may be given subject to conditions. F95]
26 Limitation of fishing licences.
(1) [F97 Subject to this F97][F98 section, the appropriate agency may F98] in relation to any such area or areas as are specified in the order, by order confirmed by [F99 the appropriate national authorityF99] —
(a) limit for a period not exceeding ten years from the coming into operation of the order the number of fishing licences[F100 of any description to be issued pursuant to section 25 above in any year in relation to that area or those areasF100] ; and
(b) provide for the selection of the applicants to whom such licences are to be issued where the number of applications exceeds the number of licences which may be granted.
[F101 (1A) The [F102appropriate agencyF102] may only make an order under subsection (1) above in relation to licences for fishing for fish of any description if it is satisfied that it is necessary to do so for the purposes of—
(a) maintaining, improving or developing fisheries of any fish referred to in section 25(1) above; or
(b) protecting the marine or aquatic environment from significant harm.
(1B) The [F102appropriate agencyF102] may not make an order under subsection (1) above in relation to licences for fishing for fish by—
(a) rod and line; or
(b) an historic installation. F101]
(2) Where [F103 the appropriate national authorityF103] proposes to confirm an order under this section, [F104 that authority F104][F105 shall require the appropriate agency to publish F105] the order and notice of [F106 that authority's F106] intention to confirm it in such manner as [F104 that authority F104] may require, together with a notification that within a period specified in the requirement written objections to the order may be made to [F107 that authority F107] .
(3) [F108 The appropriate national authorityF108] shall consider any such objections received by [F109 that authority F109] within the said period, and—
(a) if the number of licences as proposed to be limited by the order is less than the number of licences issued in any of the three years preceding the year in which the order is to come into operation; and
(b) any such objection is made by any person who has during each of the two years preceding that year held a licence of the same description as the licences which it is proposed so to limit in number;
[F110 that authority F110][F111 may cause F111] a local inquiry to be held before confirming the order.
[F112 (4) If it appears to the [F113appropriate agencyF113] that an order under this section would prevent a person from fishing in circumstances where that person is wholly dependent on the fishing for his livelihood, the [F113appropriate agencyF113] may pay that person such amount by way of compensation as it considers appropriate. F112]
(6) [F114 The appropriate national authorityF114] may with the [F115 consent of the appropriate agency vary F115] an order submitted to [F116 that authority F116] under this section before confirming it and may [F117 require the appropriate agency to publish F117] the terms of the proposed variation in such manner, if any, as [F118 that authority F118] may specify in the requirement.
(7) An order under this section may be revoked by [F119 the appropriate national authorityF119] , or by an order [F120 made by the appropriate agency and F120] confirmed by [F121 that authority F121] .
[F122 (8) Any order limiting the number of licences in force in a water authority area under section 62 of the M4Salmon and Freshwater Fisheries Act 1923 immediately before 29th June 1972 shall be treated as having limited the number of licences in that area for a period of ten years from that date. F122]
27 Unlicensed fishing. cross-notes
[F123 (1) F123] A person is guilty of an offence if, in any place in which fishing for fish of any description [F124 by any licensable means of fishingF124] is regulated by a system of licensing, he—
[F125 (a) fishes for or takes fish of that description by that means and—
“ (i) is not entitled to use that means for that purpose by virtue of a fishing licence, or
(ii) is acting in breach of any condition of such a licence, or ” F125]
[F125 (b) where that licensable means of fishing is an instrument, has that instrument in his possession with intent to use it for that purpose and is not entitled to use it for that purpose by virtue of a fishing licence. F125]
[F126 (2) Subsection (1) above does not apply to a person where—
(a) he has permission under section 25(10) above to take fish of that description in that place by that means, and
(b) he is not acting in breach of any condition of that permission. F126]
[F12727A Authorisation of fishing otherwise than by licensable means
(1) The [F128appropriate agencyF128] may authorise a person to use any means, other than a licensable means of fishing, to fish for—
(a) salmon, trout, eels, lampreys, smelt and freshwater fish; and
(b) fish of such other description as may be specified for the purposes of this section by order under section 40A below.
(2) An application for an authorisation under this section must be in such form as the [F128appropriate agencyF128] may specify.
(3) An authorisation under this section must be in writing, but subject to that may be in such form as the [F128appropriate agencyF128] may determine.
(4) An authorisation under this section—
(a) must be granted for a specified period of time;
(b) may be granted to more than one person;
(c) may be limited as to the waters in respect of which it is granted;
(d) may be subject to conditions.
(5) The [F128appropriate agencyF128] may at any time, on application or on its own initiative—
(a) amend an authorisation under this section;
(b) revoke an authorisation under this section.
(6) In determining whether to grant, amend or revoke an authorisation the [F128appropriate agencyF128] must consider the effect of doing so on—
(a) fisheries in the area to which the authorisation relates; and
(b) the aquatic or marine environment in that area.
(7) An authorisation under this section granted to a body corporate—
(a) may, if the authorisation so specifies, apply in relation to any individual acting on behalf of that body (as well as to the body corporate); or
(b) may, if the authorisation so specifies, apply only in relation to individuals named in the authorisation when acting on behalf of the body (as well as to the body corporate).
(8) The [F128appropriate agencyF128] may charge a fee for the grant of an authorisation under this section.
(9) Where the [F128appropriate agencyF128] determines standard fees for the grant of authorisations of particular descriptions, it must publish them.
(10) Where—
(a) the [F128appropriate agencyF128] has determined a standard fee for the grant of an authorisation of a particular description, but
(b) the [F128appropriate agencyF128] considers, in any case, that special circumstances apply to the grant of an authorisation of that description,
it may charge a fee of another amount. F127]
[F12727B Unauthorised fishing etc
(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). F127]
Part V Administration and Enforcement
Regulation of fisheries etc.
28 General powers and duties of water authorities and Minister.
F129 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Fish rearing licences.
(1) The Minister may grant a licence to carry on the business of artificially propagating or rearing salmon or trout in any waters.
(2) Any such licence may be granted subject to such conditions (if any) as the Minister thinks fit, and may be revoked if he is of opinion that any condition has not been observed.
30 Introduction of fish into inland waters.
[F131 A person shall be guilty of an offence if he introduces any fish or spawn of fish into an inland water[F132 in Wales F132] , or has in his possession any fish or spawn of fish intending to introduce it into an inland water[F132 in Wales F132] , unless he first obtains the written [F133 consent of the appropriate agency or the inland waterF133][F134 is one which consists exclusively of, or of part of, a fish farm and which, if it discharges into another inland water, does so only through a conduit constructed or adapted for the purpose.
F135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134,F131]]
Powers of water bailiffs etc.
31 Powers of search etc. cross-notes
(1) Any [F136 water bailiff appointed by the appropriate agency and F136] any person appointed by the Minister—
(a) may examine any dam, fishing weir, fishing mill dam, fixed engine or obstruction, or any artificial watercourse, and for that purpose enter on any land;
(b) F137 may examine any instrument or bait which he has reasonable cause to suspect of having been or being used or likely to be used in taking fish ... or any container which he has reasonable cause to suspect of having been or being used or likely to be used for holding any such instrument, bait or fish;
(c) may stop and search any boat or other vessel used in [F138 fishing in the appropriate agency’s areaF138] or any vessel or vehicle which he has reasonable cause to suspect of containing—
(i) F139fish ...;
(ii) any such instrument, bait or container as aforesaid;
(d) may seize any fish[F140 (or a sample of any fish) F140] and any instrument, vessel, vehicle or other thing liable to be forfeited in pursuance of this Act.
[F141 (e) may disable or destroy any dam, fishing weir, fishing mill dam or fixed engine which he has reasonable cause to suspect of having operated or been used, or of being likely to be used, in contravention of this Act. F141]
(2) If any person refuses to allow a water bailiff or a person appointed by the Minister to make any entry, search or examination which he is by this section authorised to make, or to seize anything which he is so authorised to seize, or resists or obstructs a water bailiff or person so appointed in any such entry, search, examination or seizure, he shall be guilty of an offence.
32 Power to enter lands. cross-notes
(1) Subject to [F142 subsections (1A) and F142] (2) below,—
(a) any water bailiff or other officer of [F143 the appropriate agency, under a special order in writing from that agency, and F143]
(b) any person appointed by the Minister, under an order in writing from him,
may at all reasonable times, for the purpose of preventing any offence against this Act, enter, remain upon and traverse any lands adjoining or near to [F144 waters within a water authority areaF144][F144 any waters F144] other than—
(i) F145 a dwelling-house or the curtilage of a dwelling-house, ...
F145 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F146 (1A) The appropriate agency may make an order under subsection (1)(a) for the purpose of preventing any offence being committed in its area. F146]
(2) An order under subsection (1) above shall not remain in force for more than 12 months.
33 Orders and warrants to enter suspected premises. cross-notes
(1) Where from a statement on oath of a water bailiff or any other [F147 officer of the appropriate agency, or any person F147] appointed by the Minister, it appears to any justice of the peace that the person making the statement has good reason to suspect that any offence against this Act is being or is likely to be committed on any land situate on or near to any waters, the justice may by order under his hand authorise him, during a period not exceeding 24 hours to be specified in the order, to enter upon and remain on the land during any hours of the day or night for the purpose of detecting the persons committing the offence.
(2) Any justice of the peace upon an information on oath that there is probable cause to suspect any offence against this Act to have been committed on any premises, or [F148 or an offence against this Act to have been committed in the taking of any fishF148] , or any illegal nets or other instruments to be on any premises, by warrant under his hand and seal may authorise any water bailiff or other [F149 officer of the appropriate agency, or any person F149] appointed by the Minister, or any constable, to enter the premises for the purposes of detecting the offence or the fish, nets or other instruments, at such times of the day or night as are mentioned in the warrant, and to
[F150 (a) seize any illegal net or other instrument, or any net or other instrument suspected to have been illegally used, that may be found on the premises;
(b) seize any fish suspected to have been illegally taken or sold that may be found on the premises; or
(c) disable or destroy any dam, fishing weir, fishing mill dam or fixed engine suspected to have operated or been used illegally that may be found on the premises. F150]
(3) A warrant under subsection (2) above shall not continue in force for more than [F151 three months F151] .
34F152 Power to apprehend persons fishing illegally .... cross-notes
F153 If any person, ..., [F154 takes or kills any fish where the taking or killing constitutes an offence under this Act, or is found on or near any waters with intent to take or kill any fish where the taking or killing would constitute an offence under this Act, or having an instrument prohibited by this Act in his possession for the capture of any fish, where the capture would constitute an offence under this ActF154] , a water bailiff or a person appointed by the Minister, with any assistants, may seize him without warrant and put him as soon as may be into the custody of a police officer.
35 Power to require production of fishing licences. cross-notes
(1) [F155 A water bailiff or other officer of the agency, or any constable F155] , may require any person who is fishing, or whom he reasonably suspects of [F156 intending to F156]fish or [F157 of having recently F157] fished [F158 in a water authority areaF158][F158 in any areaF158] , [F159 in circumstances where the fishing would require a licence or authorisation under this Act or a licence under section 16 of the Wildlife and Countryside Act 1981, F159] to produce his licence or other authority to fish and to state his name and address.
[F160 (1A) Without prejudice to subsection (1) above, a water bailiff or other officer of the [F161appropriate agencyF161] who on any occasion finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, within the meaning of section 37A below, may require that person to state his name and address. F160]
F162 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If any person required to produce his fishing licence or other authority or to state his name and address fails to do so, he shall be guilty of an offence; but if within seven days after the production of his licence was so required he produces the licence or other authority at [F163 the office of the water authority F163][F163 the appropriate office of [F164 the [F161appropriate agencyF161,F164,F163]]] he shall not be convicted of an offence under this section for failing to produce it.
[F165 (4) In subsection (3) above, “ the appropriate office of the [F161 appropriate agency F161] ” means—
(a) in a case where the person requiring the production of the licence or other authority specifies a particular office of the [F161appropriate agencyF161] for its production, that office; and
(b) in any other case, any office of the [F161appropriate agencyF161] ;
and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the [F161appropriate agencyF161] that licence or other authority shall be treated as produced by that person at that office. F165]
36 Provisions supplementary to sections 31 to 35. cross-notes
(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.
Offences
37 Prosecution 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.
F16637A Fixed penalty notices for certain offences. cross-notes
(1) Where on any occasion a water bailiff or other officer of the [F167appropriate agencyF167] finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, he may give to that person a notice (in this section referred to as a “ fixed penalty notice ”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2) Where a person is given a fixed penalty notice in respect of a fixed penalty offence—
(a) no proceedings shall be instituted for that offence before the expiration of the period for paying the fixed penalty; and
(b) he shall not be convicted of that offence if the fixed penalty is paid before the expiration of that period.
(3) The [F167appropriate agencyF167] may extend the period for paying the fixed penalty in any particular case if it considers it appropriate to do so in all the circumstances of the case.
(4) If, in any particular case, the [F167appropriate agencyF167] considers that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom the fixed penalty notice was given a notice withdrawing the fixed penalty notice; and where notice under this subsection is given—
(a) the [F167appropriate agencyF167] shall repay any amount which has been paid by way of fixed penalty in pursuance of the fixed penalty notice; and
(b) no proceedings shall be instituted or continued against that person for the offence in question.
(5) The amount by which the sums received by the Agency by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Consolidated Fund.
[F168 (5A) The amount by which the sums received by the Natural Resources Body for Wales by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Welsh Consolidated Fund. F168]
(6) In any proceedings, a certificate purporting to be signed by or on behalf of the Chief Executive of the [F167appropriate agencyF167] and stating either—
(a) that payment of a fixed penalty was, or (as the case may be) was not, received by the [F167appropriate agencyF167] on or before a date specified in the certificate, or
(b) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,
shall be received as evidence of the matters so stated and shall be treated, without further proof, as being so signed unless the contrary is shown.
(7) A fixed penalty notice shall give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and shall state—
(a) the monetary amount of the fixed penalty which may be paid;
(b) the person to whom and the address at which—
(i) the fixed penalty may be paid, and
(ii) any correspondence relating to the fixed penalty notice may be sent;
(c) the method or methods by which payment of the fixed penalty may be made;
(d) the period for paying the fixed penalty;
(e) the consequences of the fixed penalty not being paid before the expiration of that period.
(8) A fixed penalty notice may also contain such other information relating to, or for the purpose of facilitating, the administration of the fixed penalty system as the [F167appropriate agencyF167] considers necessary or desirable.
(9) Regulations may—
(a) make provision with respect to the giving of fixed penalty notices, including, in particular, provision with respect to—
(i) the methods by which,
(ii) the officers, servants or agents by, to or on whom, and
(iii) the places at which,
fixed penalty notices may be given by, or served on behalf of, a water bailiff or other officer of the [F167appropriate agencyF167] ;
(b) prescribe the method or methods by which fixed penalties may be paid;
(c) make provision for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given.
(10) In this section—
“ fixed penalty ” means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);
“ fixed penalty offence ” means, subject to subsection (11) below, any offence—
(a)under this Act,
(b)under the M5Salmon Act 1986,
(c)under or by virtue of regulations or orders made under section 115, 116 or 142 of the M6 Water Resources Act 1991, or
(d)under section 211(3) of that Act, so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25 to that Act,
which is for the time being prescribed for the purpose;
“ the fixed penalty system ” means the system implementing this section and regulations made under it;
“ the Ministers ” means the Secretary of State and the Minister;
“ notice ” means notice in writing;
“ the period for paying ”, in relation to any fixed penalty, means such period as may be prescribed for the purpose;
“ prescribed ” means prescribed by regulations;
“ regulations ” means regulations made under this section by the Ministers.
(11) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence—
(a) only if it is committed in such circumstances or manner as may be prescribed; or
(b) except if it is committed in such circumstances or manner as may be prescribed.
(12) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.
(13) An offence which, in consequence of regulations made by virtue of subsection (12) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.
(14) Regulations may—
(a) make different provision in relation to different cases or classes of case; or
(b) provide for such exceptions, limitations and conditions, or make such incidental, supplemental, consequential or transitional provision, as the Ministers consider necessary or expedient.
(15) Any power to make regulations under this section shall be exercisable by statutory instrument made by the Ministers; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.
Part VI Miscellaneous and Supplementary
38 Works below high water mark. cross-notes
(1) Any works proposed to be constructed under this Act on, over or under tidal lands below high-water mark of ordinary spring tides shall be constructed only in accordance with such plans and sections and subject to such restrictions and regulations as the Secretary of State approves in writing before they are commenced.
(2) Any alteration or extension of any such works shall be subject to the like approval.
(3) If any such work is commenced or completed contrary to this section, the Secretary of State may abate and remove it and restore its site to its former condition at the cost of the person who commenced or executed it, or (if he is not the owner of the work) of the owner, and the cost shall be summarily recoverable by the Secretary of State.
(4) This section is in addition to and not in derogation of any local Act.
39 Border rivers and Solway Firth. cross-notes
(1) This Act—
(a) does not apply to the River Tweed, but
(b) [F169 except where otherwise indicated, F169] 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 ” [F170 means the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 ( S.I. 2006/2913 )). F170]
[F171 (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 M7 1951 as applied to that River by section 21 of that Act. F171]
[F172 (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 M8Salmon 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 M9 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. F172]
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F173[F174 (5) Nothing in this section [F175the Water Resources Act 1991F175][F176 or the Water Act 1989F176] shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act. F174]
40 River Severn.
M10,M11,M12This Act applies to the dams constructed by the Severn Commissioners under the Severn Navigation Act 1842 and the Severn Navigation Act 1853 and now vested in [F177 Canal & River Trust F177] , and to all fish passes in those dams; and it shall accordingly be [F178 Canal & River Trust’s F178] duty, subject to the provisions of this Act and to section 23 of the Severn Navigation Act 1881 (by virtue of which they have power to stop up the passes with the [F179 agreement of the appropriate agency) to maintain F179] those passes in an efficient state.
[F18040A Power to specify fish
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. F180]
[F18140B Orders: supplementary
(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. F181]
41 Interpretation.
(1) In this Act, unless the context otherwise requires—
F182 “ the Agency ” means the Environment Agency;
[F183 “the appropriate agency” means—
(a)the Agency, except in relation to Wales (within the meaning of the Government of Wales Act 2006); and
(b)the Natural Resources Body for Wales, in relation to Wales (within that meaning); F183]
[F184 “ the appropriate national authority ” means—
(a)the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006);
(b)in relation to Wales (within that meaning), the Welsh Ministers; F184]
[F183 “area”, in relation to the appropriate agency, means the area in relation to which it carries out its functions relating to fisheries by virtue of—
(a)section 6(7) of the Environment Act 1995, in the case of the Agency;
(b)section 6(7A) of that Act, in the case of the Natural Resources Body for Wales; F183]
“ authorised officer ” means—
(a)F186 any officer of [F185 the appropriate agency; F185] . . .;
(b)any officer of a market authority acting within the area of the jurisdiction of that authority;
(c)any officer appointed by the Minister;
(d)any officer appointed in writing by the Fishmongers Company, or
(e)any police officer;
“ byelaw ” means a byelaw under this Act;
“ dam ” includes any weir or other fixed obstruction used for the purpose of damming up water;
[F187 “ eels ” means any fish of the species Anguilla anguilla , and includes elvers and the fry of eels; F187]
[F188 “ fish ” includes crustaceans and molluscs; F188]
[F189 “fish farm”—
(a)means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and
(b)includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place; F189]
“ fishing licence ” has the meaning assigned to it by section 25(2) above;
“ fishing mill dam ” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish, and partly for the purpose of supplying water for milling or other purposes;
“ fishing weir ” means any erection, structure or obstruction fixed to the soil either temporarily or permanently, across or partly across a river or branch of a river, and used for the exclusive purpose of taking or facilitating the taking of fish;
“ Fishmongers Company ” means the wardens and commonalty of the Mystery of Fishmongers in the City of London;
“ fixed engine ” includes—
(a)a stake net, bag net, putt or putcher;
(b)any fixed implement or engine for taking or facilitating the taking of fish;
(c)any net secured by anchors and any net or other implement for taking fish fixed to the soil, or made stationary in any other way; and
(d)any net placed or suspended in any inland or tidal waters unattended by the owner or a person duly authorised by the owner to use it for taking [F190fishF190] , and any engine, device, machine or contrivance, whether floating or otherwise, for placing or suspending such a net or maintaining it in working order or making it stationary;
“ foreshore ” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far up it as the tide flows;
[F191 “ freshwater crayfish ” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae; F191]
[F192 “ freshwater fish ” means any fish habitually living in fresh water, exclusive of—
(a)salmon, trout, eels, lampreys, smelt and any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;
(b)any kind of crustacean other than freshwater crayfish and Chinese mitten crabs ( Eriocheir sinensis ); and
(c)any kind of mollusc; F192]
“ general licence ” means a licence granted under section 25(7) above;
[F193 “ historic installation ” has the meaning given by section 25 above; F193]
F194 . . .
“ immature ” in relation to salmon means that the salmon is of a length of less than 12 inches, measured from the tip of the snout to the fork or cleft of the tail, and in relation to any other fish means that the fish is of a length less than such length (if any) as may be prescribed by the byelaws applicable to the water in which the fish is taken;
F195 “ inland water ” means any area of inland waters within the meaning of the Water Resources Act 1991;
[F196 “ licensable means of fishing ” has the meaning given by section 25 above; F196]
“ market authority ” includes any corporation, local authority, body of trustees or other persons having power to maintain or regulate any market;
“ migratory trout ” means trout which migrate to and from the sea;
“ mill ” includes any erection for the purpose of developing water power, and “ milling ” has a corresponding meaning;
F197 “ the Minister ” means, . . ., the Minister of Agriculture, Fisheries and Food;
“ occupier ” in relation to a fishery or premises includes any person for the time being in actual possession of the fishery or premises;
“ owner ” includes any person who is entitled to receive rents from a fishery or premises;
“ river ” includes a stream;
“ rod and line ” means single rod and line;
“ salmon ” means all fish of the salmon species and includes part of a salmon;
[F198 “ screen ” means a grating or other device which, or any apparatus the operation of which, prevents—
(a)the passage of salmon or migratory trout, and
(b)if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm,
or any combination of devices or apparatus which, taken together, achieve that result; F198]
[F199 “ smelt ” means any fish of the species Osmerus eperlanus ; F199]
“ trout ” means any fish of the salmon family commonly known as trout, including migratory trout and char, and also includes part of a trout;
“ unclean ” in relation to any fish means that the fish is about to spawn, or has recently spawned and has not recovered from spawning.
F200 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F200 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Except so far as provision is made by paragraph 13 of Schedule 3 below, nothing in this Act shall be construed as [F201 authorising the appropriate agency or any other F201] person to take or use land or other property belonging to the Crown.
(4) M13 In any byelaw made under an enactment repealed by the Salmon and Freshwater Fisheries Act 1923 “ salmon ” and “ trout ” have the meanings assigned to them by subsection (1) above.
42 Repeals etc. cross-notes
(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) M14 In section 18(1) of the Sea 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) M15 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 Salmon 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) M16 Any enactment or other document referring to an enactment repealed by this Act or by the Salmon 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) M17 Nothing in this Act shall affect the admissibility in evidence of any instrument made under the Salmon Fishery Act 1865.
(6) M18 Section 254(2)( c ) of the Local 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.
[F202 (7) The M19 Water Act 1973 shall have effect as if the functions conferred on water authorities by section 28(1) and (2) above were conferred by it. F202]
(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) M20 Nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).
43 Citation etc.
(1) This Act may be cited as the Salmon and Freshwater Fisheries Act 1975.
(2) Subject to section 39 above and subsection (3) below, this Act extends only to England and Wales.
(3) The following provisions of this Act, namely—
section 28(1) and (2) above,
section 39(1) [F203 ,(1A) F203][F204 , (1B),(1C) F204][F205 (4) and (5) F205] above,
M21,M22 section 42(1) above, so far as it relates to the repeal of section 15 of the Salmon and Freshwater Fisheries Act 1972 and section 18 of the Water Act 1973,
paragraph 3 of Schedule 4 below,
extend to Scotland.
(4) This Act shall come into force on 1st August 1975.
SCHEDULES
Section 19.
F206 SCHEDULE 1 Close Seasons and Close Times
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 25.
SCHEDULE 2 Licences
Duty on licences
1 (1) Subject to sub-paragraph (2) below, there shall be payable in respect of a fishing licence a duty fixed in accordance with this Schedule by [F207 the appropriate agencyF207] .
(2) [F208 The appropriate agencyF208] may [F209 in such cases as it considers appropriate F209] grant an exemption from the duty.
2 Different duties may be fixed under paragraph 1 above for [F210 different descriptions of licence F210] and different classes of licence holder.
3 [F211 The appropriate agencyF211] shall at least one month before fixing or altering a duty for the use of [F212 any licensable means of fishingF212] in any part of [F213 its F213]area, except a duty payable in respect of a temporary licence, publish in one or more newspapers circulating in that part of [F213 its F213]area notice of [F213 its F213] intention to do so [F214 and such a notice shall set out the amount of any duty as proposed to be fixed or altered. F214]
4 If during the month immediately following the publication of a notice under paragraph 3 above a written objection to the proposed duty is made to [F215 the appropriate national authorityF215] by any interested [F216 person, the appropriate agency shall F216] not fix or alter the duty without the approval of [F217 that authority F217] .
5 [F218 The appropriate national authorityF218] , with or without a local inquiry, may refuse to approve any duty [F219 submitted by the appropriate agency for F219][F220 that authority's F220] approval under paragraph 4 above or may approve the duty with or without modifications; [F221 and the appropriate agency, if so directed F221] by [F222 that authority F222] , shall cause notice of any proposed modification to be given in accordance with the direction.
[X1 6 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. X1]
[F223 6 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. F223]
7 [F224 The appropriate agencyF224] may grant a temporary licence, that is to say, a licence authorising the use of [F225 any licensable means of fishingF225] for fishing in circumstances specified in the licence during a period not exceeding 14 days, and may charge in respect of that licence a duty less than the duty fixed for the use of [F226 that means F226] under the foregoing provisions of this Schedule.
8 There shall be payable in respect of a general licence such sum as may be [F227 agreed by the appropriate agency and F227] the licensee.
Net etc. licences for salmon and trout fishing
[X2 9 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. X2]
[F228 9 (1) A person who uses [F229 any licensable means of fishingF229] for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing [F230 by that means F230] is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use [F231 that means of fishing F231] unless, at the time that person uses [F232 that means of fishing F232] —
(a) his name and address are entered on the licence in accordance with the following provisions of this Schedule; and
(b) he is not himself the holder of a licence to use [F233 that means of fishing F233] in that area; and
(c) he is accompanied by the licensee or has the [F234 consent of the appropriate agency to F234] his use of [F235 that means of fishing F235] in the absence of the licensee.
(2) A person who uses [F236 any licensable means of fishingF236] for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use [F237 that means of fishing F237] unless, at the time that person uses [F238 that means of fishing F238] —
(a) his name and address are entered on the licence in accordance with the following provisions of this Schedule; or
(b) he is accompanied by the licensee; or
(c) he has the [F239 consent of the appropriate agency to F239] his use of [F240 that means of fishing F240] otherwise than where there is compliance with paragraph (a) or (b) above.
(3) [F241 The consent of the appropriate agencyF241] shall not be given under this paragraph except—
(a) in the case of a consent for the purposes of subparagraph (1)(c) above, in relation to a period which [F242 appears to the appropriate agency to be F242] a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;
(b) in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent [F243 appears to the appropriate agency to be F243] required by the special circumstances of the case. F228]
10 The name and address of a servant or agent may be entered on [F244 or removed from F244] a licence by an [F245 employee of the appropriate agency authorised F245] to do so or by the licensee or an agent who has been appointed by the licensee to act for the purposes of this paragraph and whose appointment, together with his name and address, has been notified to [F246 the appropriate agencyF246] .
11 F248 The date of entry in the licence shall be stated in the licence at the time of the making of the entry, and within twenty-four hours of the making of an entry by a licensee or his agent a copy shall be sent to [F247 the appropriate agencyF247] , ....
F249 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 The number of servants or agents whose names may at any time be entered on a licence shall not exceed twice the number of persons who in the [F250 opinion of the appropriate agency are required F250] to work at one time [F251 the means of fishing F251] to which the licence relates or, where the applicant for the licence [F252 notifies the appropriate agency at the time F252] of the application that he proposes to take part in working [F251 the means of fishing F251] , one less than twice that number.
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.
[F253 Historic installations
14A (1) Where a fishing licence is granted in respect of an historic installation, the [F254appropriate agencyF254] may at any time, subject to this paragraph, impose conditions on its use pursuant to the licence.
(2) Conditions under sub-paragraph (1) above are to be imposed by notice in writing to the person holding the licence.
(3) A notice under sub-paragraph (1) above may be varied or revoked by a further such notice.
(4) The [F255appropriate agencyF255] may only impose conditions under sub-paragraph (1) above where it considers that it is necessary to do so for the protection of any fishery. F253]
Miscellaneous
15 Subject to section 26 above, a fishing licence shall be [F256 granted by the appropriate agency to every F256] applicant who is at the time of the application not disqualified from holding a fishing licence, on payment of the duty in respect of [F257 the means of fishing F257] to which the licence relates.
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.
17 A fishing licence shall not authorise the erection of any structure or the use of any installation or [F258 other thing F258] for or in connection with fishing the erection or use of which would otherwise be illegal.
18 The production of a printed copy of a statement purporting to be [F259 issued by the appropriate agency as to F259] a licence duty fixed and, if it be the case, approved by the Minister under this Schedule shall be prima facie evidence that the licence duty was fixed or approved as there mentioned and of the amount of the duty, and without proof of the handwriting or official position of any person purporting to sign the statement.
Section 28.
SCHEDULE 3 Administration
Part I Orders
Scope
[F260 1 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. F260]
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.
Procedure
5 An application for an order may be made by any of the following, namely—
(a) a water authority;
[F261 (b) a [F262 county or metropolitan district council F262] ; F261]
(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.
F263 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F264 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F265 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F266 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F267 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Byelaws
F268 . . .
F269 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F270 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F271 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F273 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purposes for which Byelaws may be made
F274 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F275 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F276 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21A F277 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F278 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F279 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F280 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F281 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F282 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F283 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 F284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F285 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F287 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F288 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F289 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F290 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F291 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F292 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Miscellaneous
F293 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F294 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 C45 (1) Without prejudice to [F295section 4 of the Water Resources Act 1991F295] , [F296 the appropriate agency— F296]
(a) may take legal proceedings in respect of any offence against this Act, or for the enforcement of the provision of this Act or for the protection of [F297 any fisheries F297] from injury by pollution or otherwise;
F298 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) may obtain the services of additional constables under [F299section 25 of the Police Act 1996F299] .
(2) Nothing in this paragraph shall authorise anything to be done which may injuriously affect any navigable river, canal, or inland navigation.
Section 37.
SCHEDULE 4 Offences
Part I Prosecution and Punishment
1 (1) Column 2 of the Table below gives a description of the offences against the provisions of this Act specified in column 1 of the Table, and in relation to any such offence—
(a) column 3 shows whether the offence is punishable summarily (that is to say, on summary conviction) or on indictment or either in one way or the other; and
(b) column 4 shows the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that period.
(2) A person guilty of an offence against any provision of this Act not specified in the Table shall be liable on summary conviction to a fine not exceeding [F300 level 4 on the standard scale F300] or, in the case of a second or subsequent conviction, [F300 level 4 on the standard scale F300] .
(3) A person shall be treated as acting together with another for the purposes of the above Table if
[F301 (a) both are engaged in committing—
(i) an offence under section 1 above, other than one committed without any instrument, or
(ii) an offence under section 27 above, other than one committed by means of a rod and line (only), or
(b) one is aiding, abetting, counselling or procuring the commission of such an offence by the other. F301]
Table
| Provision of Act creating the offence | Description of offence | Mode of prosecution | Punishment |
|---|---|---|---|
| (1) | (2) | (3) | (4) |
| [F302 Section 1 ... F302] | [F302 Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish. F302] | [F302 (a) Summarily ... F302] | F303[F302 Three months or the statutory maximum or both. F302] |
| [F302 On indictment ... F302] | [F302 Two years or a fine of both. F302] | ||
| Section 4 ... | Discharging poisonous or injurious matter into waters containing fish or spawn. | (a) Summarily ... ... ... | [F304 The prescribed sum F304] and £40 for each day on which the offence continues after a conviction thereof. |
| (b) On indictment ... ... | Two years or a fine or both. | ||
| Section 5(1) ... | Using explosives, poisons, noxious substances or electrical devices to take or destroy fish. | (a) Summarily ... ... ... | [F305 A fine. F305] . |
| (b) On indictment ... ... | Two years or a fine or both. | ||
| Section 5(3) ... | Destroying or damaging dams etc., to take or destroy fish. | (a) Summarily ... ... ... | [F304 The prescribed sum F304] . |
| (b) On indictment ... ... | Two years or a fine or both. | ||
| F306 . . . | F306 . . . | F306 . . . | F306 . . . |
| F306 . . . | F306 . . . | F306 . . . | F306 . . . |
| F306 . . . | F306 . . . | F306 . . . | F306 . . . |
| F306 . . . | F306 . . . | F306 . . . | F306 . . . |
| F306 . . . | F306 . . . | F306 . . . | F306 . . . |
| [F302 Section 27 ... F302] | [F302 Fishing for fish[F307 by licensable means of fishingF307] otherwise than under the authority of a licence and possessing an unlicensed [F308 licensable F308] instrument with intent to use it for fishing. F302] | [F302 (a) If the [F309 offence is one alleged to be committed by use or possession of rod and line (only) F309] , summarily. F302] | [F302 Level 4 on the standard scale F302] |
| [F302 (b) in any other case— F302] | |||
| [F302 (i)summarily F302] ... | F303[F302 Three months or the statutory maximum or both; F302] | ||
| [F302 (ii) on indictment F302] ... | [F302 Two years or a fine or both. F302] | ||
| [F310 Section 27B | Unauthorised fishing etc | (a) Summarily (b) On indictment | [F311 A fine. F311] A fine. F310] |
Part II Procedure cross-notes
2 Any offence against this Act committed on the sea-coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction shall be deemed to have been committed in any place abutting on that sea-coast or adjoining that sea, and may be tried and punished accordingly.
3 Offences against this Act committed in Scotland shall be proceeded against and punished in Scotland.
4 A justice of the peace shall not be disqualified from hearing any case under this Act by reason only of being a subscriber to any society for the protection of fish, but a justice shall not be entitled to hear any case in respect of an offence committed on his own land or in relation to any fishery of which he is owner or occupier.
5 The court by which a person is convicted of an offence against this Act may order the forfeiture of—
(a) any fish illegally taken by him or in his possession at the time of the offence;
(b) any instrument, bait or other thing used in the commission of the offence;
(c) in the case of an offence of unlawful possession of any substance or device in contravention of section 5 above, that substance or device; and
(d) on conviction on indictment, any vessel or vehicle used in or in connection with the commission of the offence or in which any substance or device unlawfully in his possession was contained at the time of the offence;
and may order any object so forfeited to be disposed of as the court thinks fit.
6 [F312Schedule 3 to the Customs and Excise Management Act 1979F312] (provisions relating to the forfeiture of things seized under that Act) shall apply in relation to any vessel or vehicle liable to forfeiture under paragraph 5 above as it applies in relation to anything liable to forfeiture under that Act, but in its application in relation to any such vessel or vehicle shall have effect subject to the following modifications:—
[F313 (a) paragraphs 1(2) and 5 shall be omitted; F313]
(b) for references to [F314 the appropriate agency; and F314]
(c) the court shall not condemn a vehicle or vessel as forfeited under paragraph 6 of that Schedule if satisfied by its owner that that offence was committed without his knowledge and that he could not have reasonably foreseen that it would be used as mentioned in paragraph 5( d ) above;
and where notice of claim in respect of anything is duly given in accordance with paragraphs 3 and 4 of that Schedule, as applied by this paragraph, the court shall not exercise its power of ordering forfeiture of the vessel or vehicle under paragraph 5 above.
In this paragraph “ owner ”, in relation to a vessel or vehicle which is the subject of a hire-purchase agreement, means the person in possession of the vehicle under that agreement.
7 An authorised officer may seize any [F315fishF315] bought, sold or exposed for sale by, or in the possession for sale of, any person in contravention of this Act.
8 Where any fish or any other thing of a perishable nature is seized as liable to forfeiture under paragraph 5 above, the person by whom it is seized may sell it, and the net proceeds of sale shall be liable to forfeiture in the same manner as the fish or other thing sold, and if and so far as not forfeited shall be paid on demand to the owner; but no person shall be subject to any liability on account of his neglect or failure to exercise the powers conferred on him by this paragraph.
9 If a person is convicted of an offence against this Act[F316 and is subsequently convicted of any such offence F316] , the court may order that any fishing or general licence[F317 or authorisation under section 27A above F317] held by him shall be forfeited, and that he shall be disqualified from holding and obtaining a fishing or general licence[F318 or authorisation under section 27A above F318][F319 or for fishing in a water authority areaF319][F319 for having his name entered on a licence in pursuance of paragraph 9 to 14 of Schedule 2 to this Act or for fishing (either in a particular area or generally) F319] by virtue of a fishing or general licence[F318 or authorisation under section 27A above F318] for such period not exceeding [F320 one year F320][F320 five years F320] as the court thinks fit.
10 A person who is prosecuted for an offence against this Act and who is the holder of a fishing or general licence[F321 or authorisation under section 27A above F321] shall either—
(a) [F322 serve it on the proper officer of the court in accordance with Criminal Procedure Rules F322] not later than the day before the date appointed for the hearing, or
F323 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) have it with him at the hearing;
and if he is convicted of the offence and the court makes an order under paragraph 9 above the court shall order the licence [F324 or authorisation under section 27A above F324] to be surrendered to it; and if the offender has not [F325 served the licence or authorisation under section 27A above F325] as aforesaid and does not surrender it as required then he shall be guilty of an offence and the licence [F324 or authorisation under section 27A above F324] shall be revoked from the time when its surrender was ordered.
11 Where a court orders a fishing or general licence[F326 or authorisation under section 27A above F326] to be surrendered to it under paragraph 10 above, or where by an order of a court under paragraph 9 above a person is disqualified from holding or obtaining a licence [F327 or authorisation F327] , the court shall—
(a) send notice of the [F328 order to the appropriate agency, unless that agency prosecuted F328] in the case;
(b) if the licence [F329 or authorisation F329] has been so surrendered, retain it and [F330 forward it to the appropriate agency, who F330] may dispose of it as they think fit.
12 Where any person is convicted of an offence against this Act, the [F331proper officerF331] of the court before whom he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to [F332 the appropriate agencyF332] .
13 A certificate under paragraph 12 above shall be receivable in evidence in all legal proceedings.
F333 14 In paragraphs 10 and 12 above “ proper officer ” means—
(a) in relation to a magistrates’ court, the [F334 designated officer F334] for the court; and
(b) in relation to the Crown Court, the appropriate officer.
Section 43.
SCHEDULE 5 REPEALS cross-notes
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 13 & 14 Geo. 5. c. 16. | The Salmon and Freshwater Fisheries Act 1923. | The whole Act. |
| 19 & 20 Geo. 5. c. 39. | The Salmon and Freshwater Fisheries (Amendment) Act 1929. | The whole Act. |
| 25 & 26 Geo. 5. c. 43. | The Salmon and Freshwater Fisheries Act 1935. | The whole Act. |
| 1963 C. 38. | The Water Resources Act 1963. | In section 71(6), the words “the Salmon and Freshwater Fisheries Act 1923 or by”. |
| In section 126(1), the words “the Salmon and Freshwater Fisheries Acts 1923 to 1972, and”. | ||
| 1965 c. 56. | The Compulsory Purchase Act 1965. | In Schedule 6, the entry relating to the Salmon and Freshwater Fisheries Act 1923. |
| 1965 c. 68. | The Salmon and Freshwater Fisheries Act 1965. | The whole Act. |
| 1972 c. 37. | The Salmon and Freshwater Fisheries Act 1972. | The whole Act. |
| 1973 c. 37. | The Water Act 1973. | Section 18. |
| Section 40(4)(c). | ||
| In Schedule 8, paragraphs 1 to 19 and paragraphs 95 to 97. | ||
| 1974 c. 40. | The Control of Pollution 1974. | In Schedule 3, paragraph 5. |