Fisheries Act 1981

SCHEDULE 4 E+W+S Exemptions for Fish Farming

Part I E+W+S Offences to Which Section 33(1) of This Act Applies

Offences under the Salmon and Freshwater Fisheries Act 1975 E+W+S

1 E+W+S Any offence under section 2(2)(a) of the M1 Salmon and Freshwater Fisheries Act 1975 (taking, killing or injuring or attempting to take, kill or injure, unclean or immature fish).

Marginal Citations

M1 1975 c. 51.

2 E+W+S Any offence under section 3 of that Act (restriction on shooting or working seine or draft net in certain waters and prohibition on use of certain nets).

3 E+W+S Any offence under section 5(1) of that Act (prohibition on use of explosives, poison or electrical devices to take or destroy fish) relating to the use of a noxious substance or electrical device, and any offence under section 5(4) of that Act relating to the possession of such a substance or device.

4 E+W+S Any offence under section 19 of that Act (fishing for, taking or killing or attempting to take or kill fish during close seasons or close times).

5 E+W+S Any offence under section 27 of that Act (fishing for or taking fish without a licence or possession of equipment with intent to use it for an unlicensed purpose).

[F1 Offences against byelaws relating to salmon and other freshwater fishing] E+W+S

Textual Amendments

F1 Sch. 4 para. 6 and preceding cross-heading substituted for para. 6 (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 2, 4(2), Sch. 1 para. 37

[F2 6 E+W Any offence under section 211 of the Water Resources Act 1991 consisting in a contravention of a byelaw made for any of the following purposes mentioned in paragraph 6(2) of Schedule 25 to that Act—

(a) prohibiting the taking or removal from any water without lawful authority of any fish, whether alive or dead;

(b) prohibiting or regulating the taking of trout or any freshwater fish of a size less than that prescribed by the byelaw;

(c) prohibiting the use for taking salmon, trout, or freshwater fish of any instrument (not being a fixed engine) in such waters and at such times as are prescribed by the byelaw;

(d) specifying the nets and other instruments (not being fixed engines) which may be used for taking salmon, trout, freshwater fish and eels and imposing requirements as to the use of such nets and other instruments;

(e) imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh;

(f) prohibiting the carrying in any boat or vessel whilst being used in fishing for salmon or trout of any net which is not licensed, or which is without the mark, label or number prescribed by the byelaw;

(g) prohibiting or regulating the carrying in a boat or vessel during the annual close season for salmon of a net capable of taking salmon, other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.]

Textual Amendments

F2 Sch. 4 para. 6 and preceding cross-heading substituted for para. 6 (E.W.) (1.12.1991) by Water Consolidation (Consquential Provisions) Act 1991 (SIF 130, c. 60), ss. 2, 4(2), Sch. 1 para.37

6 S Any offence under section 28(7) of that Act (infringement of byelaws) consisting of a contravention of a byelaw made for a purpose mentioned in any of the following paragraphs of Schedule 3 to that Act—

(a) paragraph 21 or 25 (descriptions of nets and other instruments which may be used for taking fish and restrictions on their use);

(b) paragraph 23 or 24 (restrictions on carrying of certain nets);

(c) paragraph 26 (taking or removing fish from water without lawful authority);

(d) paragraph 28 (taking fish of less than prescribed size).

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Offences relating to sea fishing E+W+S

[F3 7 E+W+S Any offence consisting of a contravention of a byelaw made under section 4 of the M2 Sea Fisheries (Scotland) Amendment Act 1885 (byelaws prohibiting or regulating methods of fishing).]

Textual Amendments

F3 Sch. 4 Pt. I paras. 7, 8 repealed (S.) by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2

Marginal Citations

M2 1885 c. 70.

8 E+W+S Any offence under section 6(1) of the M3 Herring Fishery (Scotland) Act 1889 (prohibition on beam or otter trawling in certain areas) and any offence consisting of a contravention of a byelaw made under section 7(1) of that Act (power to prohibit beam or otter trawling in certain other areas).

Marginal Citations

M3 1889 c. 23.

9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 4 Pt. I para. 9 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2 and Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt. XI

10 E+W+S Any offence consisting of a contravention of a byelaw made under section 5 of the M4 Sea Fisheries Regulation Act 1966 (byelaws for the regulation of sea fishing).

Marginal Citations

M4 1966 c. 38.

11 E+W+S Any offence under section 17 of the M5 Sea Fisheries (Shellfish) Act 1967 of taking an edible crab or landing a lobster in a condition prohibited by subsection (1) or (3) of that section.

Marginal Citations

M5 1967 c. 83.

12 E+W+S Any offence under section 1(1) or (3) of the M6 Sea Fish (Conservation) Act 1967 (landing or carrying fish smaller than prescribed size).

Marginal Citations

M6 1967 c. 84.

13 E+W+S Any offence under section 3(5) of that Act (contravention of order regulating nets and gear).

14 E+W+S Any offence under section 4(3) or (9A) of that Act (contravention of order prohibiting fishing without licence and failure to return to sea fish caught in contravention of such a prohibition).

15 E+W+S Any offence under section 4A(3) of that Act (contravention of order prohibiting trans-shipment of fish without licence).

16 E+W+S Any offence under section 5(1) or (6) of that Act (contravention of order prohibiting fishing and failure to return to sea fish caught in contravention of such a prohibition).

17 E+W+S Any offence under section 6 of that Act (landing or trans-shipping fish in contravention of order).

[F5 17A E+W+S Any offence under section 3 of the Inshore Fishing (Scotland) Act 1984 (fishing with mobile gear near fixed salmon nets or contravention of order restricting fishing for sea fish).]

Textual Amendments

F5 Sch. 4 Pt. I para. 17A added (S.) by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 1

Part II E+W+S Offences to which section 33(5) of this Act Applies

Offences relating to freshwater fish and salmon E+W+S

18 E+W+S Any offence under section XI of the M7 Solway Act 1804 (possessing, selling or offering or exposing to sale certain fish out of season, and certain fish at any time).

Marginal Citations

M7 1804 c. xlv.

19 E+W+S Any offence under section LXXIV of the M8 Tweed Fisheries Act 1857 of wilfully selling, purchasing or possessing smolt, fry, or young brood or spawn.

Marginal Citations

M8 1857 c. cxlviii.

20 E+W+S Any offence under section X of the M9 Tweed Fisheries Amendment Act 1859 (possession during close season of fish taken or caught in river, and selling or offering for sale or exchange fish caught between 15th September and 14th February).

Marginal Citations

M9 1859 c. lxx.

21 E+W+S Any offence under section 3 of the M10 Salmon Acts Amendment Act 1863 (exporting or entering for export unclean or unseasonable salmon and salmon caught at a time when their sale is prohibited).

Marginal Citations

M10 1863 c. 10.

22 E+W+S Any offence under section 20 of the M11 Salmon Fisheries (Scotland) Act 1868 of buying, selling, exposing for sale or having in possession unclean or unseasonable salmon.

Marginal Citations

M11 1868 c. 123.

23 E+W+S Any offence under section 21 of that Act (buying, selling, exposing for sale or having in possession salmon taken in close season).

24 E+W+S Any offence under section 1 of the M12 Freshwater Fish (Scotland) Act 1902 of having possession of trout in close season.

Marginal Citations

M12 1902 c. 29.

25 E+W+S Any offence under section 2 of the M13 Trout (Scotland) Act 1933 (purchase, sale, exposing or consigning for sale, export or consigning for export trout under 8*N or between 1st September and 31st March).

Marginal Citations

M13 1933 c. 35.

26 E+W+S An offence under section 2(2)(b) of the M14 Salmon and Freshwater Fisheries Act 1975 (buying, selling, exposure for sale or possession of unclean or immature fish or parts of such fish).

Marginal Citations

M14 1975 c. 51.

27 E+W+S Any offence under section 22(1) of that Act (buying, selling, exposure for sale or possession for sale of fish at prohibited times of year).

28 E+W+S Any offence under subsection (3) of section 23 of that Act of entering for export or exporting fish contrary to subsection (1) of that section (unclean fish and fish caught at a time when their sale is prohibited).

Offences relating to sea fishing E+W+S

29 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 4 Pt. II para. 29 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2 and Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt. XI

30 E+W+S Any offence under section 16 of the M15 Sea Fisheries (Shellfish) Act 1967 (sale, exposure for sale, buying for sale or consignment for the purpose of sale of oysters at prohibited times of year).

Marginal Citations

M15 1967 c. 83

31 E+W+S Any offence under section 17(1) of that Act of possessing, selling or offering for sale, buying for sale or consigning for the purpose of sale an edible crab in a condition prohibited by that subsection.

32 E+W+S Any offence under section 17(3) of that Act of selling, exposing or offering for sale, or possessing for the purpose of sale a lobster in a condition prohibited by that subsection.

33 E+W+S Any offence under section 1(2) of the M16 Sea Fisheries (Conservation) Act 1967 (selling, exposing or offering for sale, or possessing for the purpose of sale fish smaller than the prescribed size).

Marginal Citations

M16 1967 c. 84.

34 E+W+S Any offence under section 2 of that Act (possession for use in the course of a business of fish prohibited from being sold under section 1(2) of that Act).

[F7 34A E+W+S Any offence under section 3 of the Inshore Fishing (Scotland) Act 1984 (fishing with mobile gear near fixed salmon nets or contravention of order restricting fishing for sea fish).]

Textual Amendments

F7 Sch. 4 Pt. II para. 34A added (S.) by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 1