PART IAdministration of Salmon Fisheries in Scotland

General regulation of salmon fisheries

7Estuary limits

(1)

Subject to subsection (2) below, the estuary limits of a river shall be the limits fixed by judicial decision or fixed and defined under section 6(1) of the Salmon Fisheries (Scotland) Act 1862.

(2)

Whether or not a river has estuary limits as described in subsection (1) above, the Secretary of State may, by order, prescribe limits or, as the case may be, different limits which shall be the estuary limits for that river ; and such an order is referred to in this Act as an " estuary limits order ".

(3)

The Secretary of State may make an estuary limits order only on application to him by—

(a)

the district salmon fishery board for the district in which the river is situated ; or

(b)

where there is no such board, two proprietors of salmon fisheries in that district.

(4)

An application under subsection (3) above shall be accompanied by the applicant's written proposals which shall state—

(a)

the proposed estuary limits ; and

(b)

the general effect of the proposals.

(5)

Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an estuary limits order as they apply to the making of a designation order, and for this purpose—

(a)

references to a designation order shall be construed as references to an estuary limits order ; and

(b)

references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (3) above.

(6)

For the purposes of this section—

" estuary limits " means limits which divide each river including its mouth or estuary from the sea ; and

" river " does not include the River Tweed.

(7)

References in any enactment, other than in this Act or in section 36 of the M1Salmon Fisheries (Scotland) Act 1868, to—

(a)

byelaws or regulations made under the M2Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(1) of the Salmon Fisheries (Scotland) Act 1862; or

(b)

the provisions of Schedule B to the Salmon Fisheries (Scotland) Act 1868 relating to such matters

shall be construed as including references to an estuary limits order.