SCHEDULES

SCHEDULE 4 Exemptions for Fish Farming

Part I Offences to Which Section 33(1) of This Act Applies

Offences under the Salmon and Freshwater Fisheries Act 1975

1

Any offence under section 2(2)(a) of the M1Salmon and Freshwater Fisheries Act 1975 (taking, killing or injuring or attempting to take, kill or injure, unclean or immature fish).

F182

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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.

F194

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

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).

F2 Offences against byelaws relating to salmon and other freshwater fishing

Annotations:
Amendments (Textual)
F2

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

F1 6

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 F9to which paragraph 6 of that Schedule applies, whether alive or dead;

F10aa

specifying close seasons or times for the taking of any fish to which that paragraph applies by such means as may be prescribed by the byelaws;

b

prohibiting or regulating the taking of F11any fish to which that paragraph applies of a size greater or less than that prescribed by the byelaw;

c

prohibiting the use for taking F25fish to which that paragraph applies of any instrument F17 ... in such waters and at such times as are prescribed by the byelaw;

d

specifying the nets and other instruments F16 ... which may be used for taking F12fish to which that paragraph applies 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 F13fish to which that paragraph applies of any net F14which may not lawfully be used, 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 F15any close season or time for any description of fish to which that paragraph applies of a net capable of taking fish of that description, 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.

E1F96

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).

Annotations:
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

F37

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).

8

Any offence under section 6(1) of the M3Herring 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).

F49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2710

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Any offence under section 17 of the M4Sea 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.

12

Any offence under section 1(1) or (3) of the M5Sea Fish (Conservation) Act 1967 (landing or carrying fish F20smaller than prescribed sizeF20which do not meet prescribed size requirements).

13

Any offence under section 3(5) F21or (5A) of that Act (contravention of order regulating nets and gear).

14

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

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

16

Any offence under section 5(1) or (6) of that Act (contravention of order prohibiting F22or restricting fishing and failure to return to sea fish caught in contravention of such a prohibition).

17

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

F517A

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).

F2817B

Any offence under section 163 of the Marine and Coastal Access Act 2009 (contravention of byelaws made by inshore fisheries and conservation authorities).

F2417C

Any offence under section 190 of the Marine and Coastal Access Act 2009 (contravention of an order made by the Welsh Ministers in relation to fisheries in Wales).

Part II Offences to which section 33(5) of this Act Applies

Offences relating to freshwater fish and salmon

F818

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F819

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F820

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F821

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F822

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F823

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F824

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F825

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

An offence under section 2(2)(b) of the M6Salmon and Freshwater Fisheries Act 1975 (buying, selling, exposure for sale or possession of unclean or immature fish or parts of such fish).

27

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).

F2328

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences relating to sea fishing

F629

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

Any offence under section 16 of the M7Sea 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).

31

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

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

Any offence under section 1(2) of F26the Sea Fish (Conservation) Act 1967 (selling, exposing or offering for sale, or possessing for the purpose of sale fish F26which do not meet the prescribed size requirements).

34

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).

F734A

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).