The Tweed Regulation Order 2007

Explanatory Note

(This note is not part of the Order)

This Order applies to the Tweed district as defined in The Scotland Act 1998 (River Tweed) Order 2006 (“the principal Order”).

It brings together the subordinate legislation applying to the Tweed district, and creates no new offences. The Order makes provision in relation to the Tweed district by–

(a) defining the annual and weekly close times for fishing for salmon, and which methods of fishing shall be permissible during specified periods within these close times; these provisions restate those currently made in the principal Order and in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;

(b) maintaining the prohibition on the sale, in Scotland, of any salmon taken by rod and line; this provision restates, so far as relating to the Tweed district, an order made in 2002 for the purpose of the conservation of salmon;

(c) making provision that all boats used by the owner or occupier of a fishery in the district for fishing or any other purpose in the district are marked, as previously provided for in the Tweed legislation;

(d) defining the methods of fishing for salmon by net and regulating the construction of nets; this provision restates measures in the Tweed legislation and regulations relating to construction and use of nets made in 1992, amended in 1993 and 1994;

(e) prescribing restrictions on the use of baits and lures and the areas to which these apply; these re state provisions in regulations made in 1991 and 1998;

(f) maintaining protection order provisions in respect of that part of the Tweed district that lies within Scotland; this re states the Protection Order renewed in respect of the Rivers Tweed and Eye in 1991;

(g) re-stating the obligation on operators of dams and off takes with regard to ensuring the free passage of salmon; this re states the provisions of the Salmon (Fish Passes and Screens) (Scotland) Regulations 1994.

This Order replaces all other subordinate legislation in relation to salmon and freshwater fisheries which applies to the Tweed district at present.

No Regulatory Impact Assessment has been prepared in respect of this Order.