Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (repealed)

2 Methods of fishing. F3 S

(1) No person shall fish for or take salmon in any inland water, except by rod and line or by net and coble:

Provided that any right of fishing for salmon in existence at the commencement of this Act may continue to be exercised as if the Act had not been passed.

[F1 (1A) No person shall fish for or take salmon in any waters in a salmon fishery district other than inland waters, except by rod and line, net and coble or bag net, fly net or other stake net.]

(2) No person shall fish for or take freshwater fish in any inland water except by rod and line:

Provided that—

(a) in any pond or loch where all the proprietors are so agreed a right of fishing may be exercised by net; and

(b) in any inland water a proprietor or occupier may fish for or take freshwater fish, other than trout, by net or trap.

[F2 (2A) After consulting such persons as he considers appropriate, the Secretary of State may, for the purposes of this section, by regulations define fishing for or taking salmon by—

(a) net and coble;

(b) bag net, fly net or other stake net,

whether by reference to anything used for the purpose, or to the circumstances in which or method by which it is so used, or to any combination thereof; and, in relation to net and coble, may make different provision as respects inland waters from that made as respects other waters.

(2B) The power to make regulations under this section includes power to amend or repeal section 62 of the M1 Tweed Fisheries Act 1857 and section 12 and 13 of the M2 Tweed Fisheries Amendment Act 1859.

(2C) Regulations made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3) Nothing in this section shall be construed as prohibiting the use of a gaff, tailer or landing-net as auxiliary to the taking of salmon or freshwater fish by rod and line.

(4) If any person contravenes this section he shall be guilty of an offence against this Act.

Textual Amendments

F1 S. 2(1A) inserted (1.1.1993) by Salmon Act 1986 (c. 62, SIF 52:2), s.21(a); S.I. 1992/1973, art. 2

F2 S. 2(2A)–(2C) inserted (1.1.1993) by Salmon Act 1986 (c. 62, SIF 52:2), s.21(b); S.I. 1992/1973, art. 2

Modifications etc. (not altering text)

C1 S. 2 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 7, Sch. 3 Pt. I para. 8(a)

C2 S. 2 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iv), 29

C3 S. 2(1A) restricted (1.1.1993) by S.I. 1992/1973, art.3

Marginal Citations

M1 1857 c.cxlviii(52:2).

M2 1859 c.lxx(52:2).

Textual Amendments applied to the whole legislation

F3 Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2; and (only in relation to the Tweed district) (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 (with art. 1(3))