Salmon and Freshwater Fisheries Act 1975

Part I Prohibition of Certain Modes of Taking or Destroying Fish, etc.

1 Prohibited implements.

2 Roe, spawning and unclean fish, etc.

4 Poisonous matter and polluting effluent.

5 Prohibition of use of explosives, poisons or electrical devices and of destruction of dams etc.

Part II Obstructions to Passage of Fish

6 Fixed engines.

7 Fishing weirs.

8 Fishing mill dams.

9 Duty to make and maintain fish passes.

10 Power of water authority to construct and alter fish passes.

11 Minister’s consents and approvals for fish passes.

12 Penalty for injuring or obstructing fish pass or free gap.

15 Power of water authority to use gratings etc. to limit movements of salmon and trout.

16 Boxes and cribs in weirs and dams.

17 Restrictions on taking salmon or trout above or below an obstruction or in mill races.

18 Provisons supplementary to Part II.

Part III Times of Fishing and Selling and Exporting Fish

19 Close seasons and close times.

20 Close seasons and close times—fixed engines and obstructions.

21 Eel baskets etc.

22 Sale of salmon and trout.

23 Export of salmon and trout.

24 Consignment of salmon and trout.

Part IV Fishing Licences

25 Licences to fish.

26 Limitation of fishing licences.

27 Unlicensed fishing.

Part V Administration and Enforcement

Regulation of fisheries etc.

28 General powers and duties of water authorities and Minister.

29 Fish rearing licences.

30 Introduction of fish into inland waters.

Powers of water bailiffs etc.

31 Powers of search etc.

32 Power to enter lands.

33 Orders and warrants to enter suspected premises.

34 Power to apprehend persons fishing illegally at night.

35 Power to require production of fishing licences.

36 Provisions supplementary to sections 31 to 35.

37 Prosecution etc. of offences.

37A Fixed penalty notices for certain offences.

Part VI Miscellaneous and Supplementary

38 Works below high water mark.

39 Border rivers and Solway Firth.

40 River Severn.

41 Interpretation.

42 Repeals etc.

43 Citation etc.

SCHEDULE 1 Close Seasons and Close Times

1It shall be the duty of every water authority to...

2If a water authority have not before the commencement of...

3The minimum close seasons and close times are specified in...

4If byelaws neither specify nor dispense with an annual close...

5The annual close season for rainbow trout for any waters...

6Subject to any byelaws under this Act or the Salmon...

SCHEDULE 2 Licences

Duty on licences

1(1) Subject to sub-paragraph (2) below, there shall be payable...

2Different duties may be fixed under paragraph 1 above for...

3A water authority shall at least one month before fixing...

4If during the month immediately following the publication of a...

5The Minister, with or without a local inquiry, may refuse...

6No duty fixed under the foregoing provisions of this Schedule...

6Where the fixing or alteration of any duty takes effect...

7A water authority may grant a temporary licence, that is...

8There shall be payable in respect of a general licence...

Net etc. licences for salmon and trout fishing

9A person shall be treated for the purposes of section...

9(1) A person who uses an instrument of any description...

10The name and address of a servant or agent may...

11The date of entry in the licence shall be stated...

12The name and address of a servant or agent may...

13The number of servants or agents whose names may at...

14Any person who, with intent to deceive, enters on a...

15Subject to section 26 above, a fishing licence shall be...

16A fishing licence shall not confer any right to fish...

17A fishing licence shall not authorise the erection of any...

18The production of a printed copy of a statement purporting...

SCHEDULE 3 Administration

1An order may provide— (a) for the imposition, collection and...

2An order shall not authorise a fixed engine to be...

3The Minister shall not grant a licence until he has...

4An order may contain any incidental, consequential or supplemental provisions,...

5An application for an order may be made by any...

6The applicant for an order shall give such security for...

7Before he makes an order the Minister shall–

8Before making an order the Minister shall consider any objections...

9A statutory instrument containing an order shall be subject to...

12. . . . . . . . . ....

13Where— (a) any fishery, land or foreshore proposed to be...

Part II Byelaws

14Subject to Schedule 1 above, the power to make byelaws...

15Byelaws may be made for any of the purposes mentioned...

16A byelaw may be made to apply to . ....

17If at any time before the end of 12 months...

18When the compensation is payable under any award by way...

Purposes for which Byelaws may be made

19Fixing or altering, subject to paragraph 3 of Schedule 1...

20Dispensing with a close season for freshwater fish or rainbow...

21Specifying the nets and other instruments (not being fixed engines)...

21AAuthorising the placing and use of fixed engines at such...

22Requiring and regulating the attachment to licensed nets and instruments...

23Prohibiting the carrying in any boat or vessel whilst being...

24Prohibiting or regulating the carrying in a boat or vessel...

25Prohibiting the use for taking salmon, trout, or freshwater fish...

26Prohibiting the taking or removal from any water without lawful...

27Determining for the purposes of this Act the period of...

28Prohibiting or regulating the taking of trout or any freshwater...

29Prohibiting or regulating the taking of fish by any means...

30Prohibiting or regulating fishing with rod and line between the...

31Regulating the deposit or discharge in any waters containing fish...

32Requiring persons to send to the National Rivers Authority returns,...

33Regulating the use in connection with fishing with rod and...

34Determining the time during which it shall be lawful to...

35Authorising fishing with rod and line for eels during the...

36The better execution of this Act and the better protection,...

Part III Miscellaneous

37Without prejudice to section 145 of the Water Act 1989,...

38Without prejudice to the said section 145, a water authority...

39(1) Without prejudice to the said paragraph 2section 145, a...

SCHEDULE 4 Offences

Part I Prosecution and Punishment

1(1) Column 2 of the Table below gives a description...

Part II Procedure

2Any offence against this Act committed on the sea-coast or...

3Offences against this Act committed in Scotland shall be proceeded...

4A justice of the peace shall not be disqualified from...

5The court by which a person is convicted of an...

6Schedule 3 to the Customs and Excise Management Act 1979...

7An authorised officer may seize any salmon, trout or freshwater...

8Where any fish or any other thing of a perishable...

9If a person is convicted of an offence against this...

10A person who is prosecuted for an offence against this...

11Where a court orders a fishing or general licence to...

12Where any person is convicted of an offence against this...

13A certificate under paragraph 12 above shall be receivable in...

14In paragraphs 10 and 12 above “ proper officer ”...

SCHEDULE 5 REPEALS

Royal arms

Salmon and Freshwater Fisheries Act 1975

1975 CHAPTER 51

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]