Salmon and Freshwater Fisheries Act 1975

1 Prohibited implements. E+W

(1) Subject to subsection (4) below, no person shall—

(a) use any of the following instruments, that is to say—

(i) a firearm within the meaning of the M1 Firearms Act 1968;

(ii) an otter lath or jack, wire or snare;

(iii) a crossline or setline;

(iv) a spear, gaff, stroke-haul, snatch or other like instrument;

(v) a light;

for the purpose of taking or killing salmon, trout or freshwater fish;

(b) have in his possession any instrument mentioned in paragraph (a) above intending to use it to take or kill salmon, trout or freshwater fish; or

(c) throw or discharge any stone or other missile for the purpose of taking or killing, or facilitating the taking or killing of any salmon, trout or freshwater fish.

[F1 (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.]

(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 the water authority [F2 for the area in which the act was done].

(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.

(4) This section shall not apply to any person using a gaff (consisting of a plain metal hook without a barb) or tailer as auxiliary to angling with a rod and line or having such a gaff or a tailer in his possession intending to use it as aforesaid.

Textual Amendments

F1 S. 1(1A)(1B) inserted (12.11.2009 for specified purposes) by Marine and Coastal Access Act 2009 (c. 23), ss. 215(5), 324(1)(c), 324(1)(d)

F2 Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Marginal Citations

M1 1968 c. 27.