SCHEDULES
SCHEDULE 4 Exemptions for Fish Farming
Part I Offences to Which Section 33(1) of This Act Applies
F2 Offences against byelaws relating to salmon and other freshwater fishing
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 F3to which paragraph 6 of that Schedule applies, whether alive or dead;
F4aa
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 F5any fish to which that paragraph applies of a size greater or less than that prescribed by the byelaw;
c
d
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
g
prohibiting or regulating the carrying in a boat or vessel during F9any 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.
E1F36
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).
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