The Wester Ross Salmon Fishery District Designation Order 2003

Scottish Statutory Instruments

2003 No. 615

RIVER

SALMON AND FRESHWATER FISHERIES

The Wester Ross Salmon Fishery District Designation Order 2003

Made

23rd December 2003

Coming into force

24th December 2003

The Scottish Ministers, on application to them by the Ewe District Salmon Fishery Board, the Broom District Salmon Fishery Board and the Gruinard and Little Gruinard District Salmon Fishery Board, in respect of their respective districts, and one proprietor in respect of the Badachro and Kerry Salmon Fishery District, having consulted and notice having been given in accordance with Schedule 1 to the Salmon Act 1986(1), and there being no representations or objections duly made, in exercise of the powers conferred by sections 1(2) and 2 of, and Schedule 1 to, that Act and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Wester Ross Salmon Fishery District Designation Order 2003 and shall come into force on 24th December 2003.

Designation of the Wester Ross Salmon Fishery District

2.—(1) The area described in Schedule 1 to this Order is designated as a salmon fishery district to be known as the Wester Ross Salmon Fishery District.

(2) The existing Salmon Fishery Districts of Applecross, Badachro and Kerry (in Gairloch), Balgay, Broom, Ewe, Gruinard and Little Gruinard, Kennart(2), Little Broom(3), Torridon and Ullapool, being superseded by the district designated by this Order, are abolished.

Application of regulations

3.  The regulations specified in Schedule 2 to this Order shall apply to the district designated by article 2 above.

Annual close time

4.  The annual close time for the district designated by this Order shall be the period from 27th August to 10th February, both dates inclusive, in each year and the period within that time when it is permitted to fish for and take salmon by rod and line shall be the period from 27th August to 31st October, both dates inclusive, in each year.

GORDON BROWN

A member of the staff of the Scottish Ministers

Pentland House, Edinburgh

23rd December 2003

Article 2(1)

SCHEDULE 1 DESCRIPTION OF DESIGNATED AREA

The area of the Wester Ross Salmon Fishery District shall be the areas of the following former salmon fishery districts–

1.	Kennart(4)	The sea coast, estuary and river between on the North, Ru Dunan Point and on the South, a Line drawn from the South east Point of Isle Martin to Ardmair Point.
2.	Ullapool	The sea coast, estuary and river between on the North, a Line to be drawn from the South east Point of Isle Martin to Ardmair Point and on the South the Boundary between that Portion of the County of Cromarty and of the County of Ross.
3.	Broom	The sea coast, estuary and river between on the North, the Boundary between that Portion of the County of Cromarty and of the County of Ross and on the South, Cailleach Head.
4.	Little Broom(5)	The sea coast, estuary and river between on the North, Cailleach Head and on the South, Statie Point(6).
5.	Gruinard and Little Gruinard	The sea coast, estuary and rivers between on the East, Statie Point(c) and on the West, Greenstone Point.
6	Ewe	The sea coast, estuary and river between on the North, Greenstone Point and on the South, Ru Bane(7), opposite the North End of Longa Island.
7.	Badachro and Kerry (in Gairloch)	The sea coast, estuary and rivers between on the North, Ru Bane(d) and on the South, Ru Ruag(8).
8.	Torridon	The sea coast, estuary and river between on the North, Ru Ruag(e) and on the South, the Mouth of the Burn at Camustrole near the South east Corner of Upper Loch Torridon.
9.	Balgay	The sea coast, estuary and river between on the East, the Mouth of the Burn at Camustrole, near the South–east Corner of Upper Loch Torridon and on the West, Ru na Uag Point, at or near the Mouth of Lower Loch Torridon.
10.	Applecross	The sea coast, estuary and river between on the North, Ru na Uag Point, at or near the Mouth of Loch Torridon and on the South, Skier Vore Point.

Article 3

SCHEDULE 2 REGULATIONS APPLIED TO THE DISTRICT DESIGNATED BY THIS ORDER IN ACCORDANCE WITH SECTION 2(2) OF THE SALMON ACT 1986

Regulations made under section 3 of the Salmon Act 1986

1.  The Salmon (Weekly Close Time) (Scotland) Regulations 1988(9).

2.  Part II of The Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992(10).

3.  The Salmon (Fish Passes and Screens) (Scotland) Regulations 1994(11).

Regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868(12) as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862

4.  Byelaw made by the Commissioners appointed under the Salmon Fisheries (Scotland) Acts 1862 to 1868 dated 11th January and 19th April 1864 with respect to the due observance of the weekly close time(13).

5.  Byelaw made by the said Commissioners dated 18th April and 19th July 1865 with respect to the construction and use of cruives(14).

Explanatory Note

(This note is not part of the Order)

This Order designates the area described in Schedule 1 as a salmon fishery district to be known as the Wester Ross Salmon Fishery District (article 2(1)) and abolishes the existing Salmon Fishery Districts of Applecross, Badachro and Kerry (in Gairloch), Balgay, Broom, Ewe, Gruinard and Little Gruinard, Kennart (now known as Kanaird), Little Broom (now known as Little Loch Broom), Torridon and Ullapool which are superseded by it (article 2(2)).

The Order applies those regulations made under section 3 of the Salmon Act 1986 and under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 to the district designated (article 3 and Schedule 2).

The Order makes provision for the annual close time and for the period within the annual close time during which fishing for and taking salmon by rod and line is permitted (article 4). The annual close time is from 27th August to 30th February, both dates inclusive, in each year. Within the annual close time it is permitted to fish for and take salmon by rod and line in the period from 27th August to 31st October, both dates inclusive, in each year.

(1)

1986 c. 62. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

Now known as Kanaird.

(3)

Now known as Little Loch Broom.

(4)

Now known as Kanaird.

(5)

Now known as Little Loch Broom.

(6)

Now known as Stattic Point.

(7)

Now known as Rubha Ban.

(8)

Now known as Red Point.

(9)

S.I. 1988/390.

(10)

S.I. 1992/1974 as amended by S.I. 1993/257 and 1994/111. Part II only of S.I. 1992/1974 was made under section 3 of the 1986 Act.

(11)

S.I. 1994/2524.

(12)

1862 c. 97, 1864 c. 118 and 1868 c. 123. These Acts (with exception of certain provisions of the 1868 Act) were repealed by the Salmon Act 1986 (c. 62), section 41 and Schedule 5.

(13)

Byelaw subsequently enacted at Schedule D to the Salmon Fisheries (Scotland) Act 1868 (c. 123) by section 10 of that Act. Schedule D was repealed by the Salmon Act 1986, section 41 and Schedule 5. Byelaw retained in effect by section 3(1) of the 1986 Act.

(14)

Byelaw subsequently enacted as Schedule F to the Salmon Fisheries (Scotland) Act 1868 by section 10 of that Act. Schedule F was repealed by the Salmon Act 1986, section 41 and Schedule 5. Byelaw retained in effect by section 3(1) of the 1986 Act.