Salmon and Freshwater Fisheries Act 1975 (c. 51)

Part VI E+W+S Miscellaneous and Supplementary

41 Interpretation. E+W

(1) In this Act, unless the context otherwise requires—

• F1 [ “ the Agency ” means the Environment Agency; ]

• [F2 “the appropriate agency” means—

  (a)

  the Agency, except in relation to Wales (within the meaning of the Government of Wales Act 2006); and

  (b)

  the Natural Resources Body for Wales, in relation to Wales (within that meaning);]

• [F3 “ the appropriate national authority ” means—

  (a)

  the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006);

  (b)

  in relation to Wales (within that meaning), the Welsh Ministers;]

• [F2 “area”, in relation to the appropriate agency, means the area in relation to which it carries out its functions relating to fisheries by virtue of—

  (a)

  section 6(7) of the Environment Act 1995, in the case of the Agency;

  (b)

  section 6(7A) of that Act, in the case of the Natural Resources Body for Wales;]

• “authorised officer” means—

  (a)

  any officer of [F4 the appropriate agency;] F5 . . .;

  (b)

  any officer of a market authority acting within the area of the jurisdiction of that authority;

  (c)

  any officer appointed by the Minister;

  (d)

  any officer appointed in writing by the Fishmongers Company, or

  (e)

  any police officer;

• “byelaw” means a byelaw under this Act;

• “dam” includes any weir or other fixed obstruction used for the purpose of damming up water;

• [F6 “ eels ” means any fish of the species Anguilla anguilla , and includes elvers and the fry of eels; ]

• [F7 “ fish ” includes crustaceans and molluscs; ]

• [F8 “fish farm”—

  (a)

  means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and

  (b)

  includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;]

• “fishing licence” has the meaning assigned to it by section 25(2) above;

• “fishing mill dam” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish, and partly for the purpose of supplying water for milling or other purposes;

• “fishing weir” means any erection, structure or obstruction fixed to the soil either temporarily or permanently, across or partly across a river or branch of a river, and used for the exclusive purpose of taking or facilitating the taking of fish;

• “Fishmongers Company” means the wardens and commonalty of the Mystery of Fishmongers in the City of London;

• “fixed engine” includes—

  (a)

  a stake net, bag net, putt or putcher;

  (b)

  any fixed implement or engine for taking or facilitating the taking of fish;

  (c)

  any net secured by anchors and any net or other implement for taking fish fixed to the soil, or made stationary in any other way; and

  (d)

  any net placed or suspended in any inland or tidal waters unattended by the owner or a person duly authorised by the owner to use it for taking [F9 fish ], and any engine, device, machine or contrivance, whether floating or otherwise, for placing or suspending such a net or maintaining it in working order or making it stationary;

• “foreshore” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far up it as the tide flows;

• [F10 “ freshwater crayfish ” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae; ]

• [F11 “ freshwater fish ” means any fish habitually living in fresh water, exclusive of—

  (a)

  salmon, trout, eels, lampreys, smelt and any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;

  (b)

  any kind of crustacean other than freshwater crayfish and Chinese mitten crabs ( Eriocheir sinensis ); and

  (c)

  any kind of mollusc;]

• “general licence” means a licence granted under section 25(7) above;

• [F12 “ historic installation ” has the meaning given by section 25 above; ]

• F13 . . .

• “immature” in relation to salmon means that the salmon is of a length of less than 12 inches, measured from the tip of the snout to the fork or cleft of the tail, and in relation to any other fish means that the fish is of a length less than such length (if any) as may be prescribed by the byelaws applicable to the water in which the fish is taken;

• F14 [ “inland water” means any area of inland waters within the meaning of the Water Resources Act 1991;]

• [F15 “ licensable means of fishing ” has the meaning given by section 25 above; ]

• “market authority” includes any corporation, local authority, body of trustees or other persons having power to maintain or regulate any market;

• “migratory trout” means trout which migrate to and from the sea;

• “mill” includes any erection for the purpose of developing water power, and “milling” has a corresponding meaning;

• “the Minister” means, F16 . . ., the Minister of Agriculture, Fisheries and Food;

• “occupier” in relation to a fishery or premises includes any person for the time being in actual possession of the fishery or premises;

• “owner” includes any person who is entitled to receive rents from a fishery or premises;

• “river” includes a stream;

• “rod and line” means single rod and line;

• “salmon” means all fish of the salmon species and includes part of a salmon;

• [F17 “ screen ” means a grating or other device which, or any apparatus the operation of which, prevents—

  (a)

  the passage of salmon or migratory trout, and

  (b)

  if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm,

  or any combination of devices or apparatus which, taken together, achieve that result;]

• [F18 “ smelt ” means any fish of the species Osmerus eperlanus ; ]

• “trout” means any fish of the salmon family commonly known as trout, including migratory trout and char, and also includes part of a trout;

• “unclean” in relation to any fish means that the fish is about to spawn, or has recently spawned and has not recovered from spawning.

F19 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Except so far as provision is made by paragraph 13 of Schedule 3 below, nothing in this Act shall be construed as [F20 authorising the appropriate agency or any other] person to take or use land or other property belonging to the Crown.

(4) In any byelaw made under an enactment repealed by the M1 Salmon and Freshwater Fisheries Act 1923 “salmon” and “trout” have the meanings assigned to them by subsection (1) above.

Textual Amendments

F1 S. 41(1): definition of “the Agency” inserted (1.4.1996) by 1995 c. 25, s. 104(4)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 41(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 149(2)(a) (with Sch. 7)

F3 Words in s. 41(1) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 221(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 12

F4 Words in s. 41(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 149(2)(b) (with Sch. 7)

F5 Words repealed by Water Act 1989 (c.15, SIF 130), ss. 141, 190, Sch. 17 para. 7(1)(11), 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)

F6 Words in s. 41(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 223(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 13

F7 Words in s. 41(1) inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 223(3), 324(3); S.I. 2010/298, art. 2, Sch. para. 13

F8 Words in s. 41(1) substituted (E.W.) (27.3.2009) by Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 3 (with reg. 2(2)); and words in s. 41(1) substituted (S.) (27.3.2009) by Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), Sch. 2 para. 3 (with reg. 2.)

F9 Word in s. 41(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 14(2); S.I. 2009/3345, art. 2, Sch. para. 15(e)

F10 Words in s. 41(1) inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 223(4), 324(3); S.I. 2010/298, art. 2, Sch. para. 13

F11 Words in s. 41(1) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 223(5), 324(3); S.I. 2010/298, art. 2, Sch. para. 13

F12 Words in s. 41(1) inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 14(3); S.I. 2010/298, art. 2, Sch. para. 13

F13 S. 41(1): definition of “grating” repealed (1.1.1999) by 1995 c. 25, ss. 105, 120(3), Sch. 15 para. 20, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 4

F14 Definition in s. 41(1) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 1 para. 30(4)

F15 Words in s. 41(1) inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 14(4); S.I. 2010/298, art. 2, Sch. para. 13

F16 Words repealed 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)

F17 S. 41(1): definition of “screen” inserted (1.1.1999) by 1995 s. 105, Sch. 15 para. 20(b) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 4

F18 Words in s. 41(1) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 223(6), 324(3); S.I. 2009/3345, art. 2, Sch. para. 13

F19 S. 41(2)(2A) repealed 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)

F20 Words in s. 41(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 149(3) (with Sch. 7)

Marginal Citations

M1 1923 c. 16.