SCHEDULES

SCHEDULE 25 BYELAW - MAKING POWERS OF THE AUTHORITY

Byelaws for purposes of fisheries functions

6

(1)

The F1Agency shall have power, F2in relation to the whole or any part or parts of the area in relation to which it carries out its functions relating to fisheries under Part V of this Act, to make byelaws generally for the purposes of—

(a)

the better execution of the M1Salmon and Freshwater Fisheries Act 1975; and

(b)

the better protection, preservation and improvement of any F3fisheries of fish to which this paragraph applies.

F4(1A)

This paragraph applies to—

(a)

salmon, trout, eels, lampreys, smelt, shad and freshwater fish; and

(b)

fish of such other description as may be specified for the purposes of this paragraph by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.

(2)

F5... , the F1Agency shall have power, F2in relation to the whole or any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say—

(a)

prohibiting the taking or removal from any water, without lawful authority, of any fish F6to which this paragraph applies, whether alive or dead;

F7(aa)

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

(b)

prohibiting or regulating—

(i)

the taking of F8any fish to which this paragraph applies of a size F9greater or less than such as may be prescribed by the byelaw; or

(ii)

the taking of fish F10to which this paragraph applies by any means within such distance as is specified in the byelaw above or below any dam or any other obstruction, whether artificial or natural;

(c)

prohibiting the use for taking F11fish to which this paragraph applies of any instrument F12... in such waters and at such times as may be prescribed by the byelaws;

(d)

specifying the nets and other instruments F13... which may be used for taking F14fish to which this paragraph applies, imposing requirements as to the use of such nets and other instruments and regulating the use, in connection with fishing with rod and line, of any lure or bait specified in the byelaw;

(e)

authorising the placing and use of fixed engines at such places, at such times and in such manner as may be prescribed by the byelaws F15(including requiring fixed engines during close seasons or times to be removed or made incapable of taking or obstructing the passage of fish);

(f)

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

(g)

requiring and regulating the attachment to F16... nets and instruments of marks, labels or numbers, or the painting of marks or numbers or the affixing of labels or numbers to boats, coracles or other vessels used in fishing;

(h)

prohibiting the carrying in any boat or vessel whilst being used in fishing for F17fish to which this paragraph applies of any net F18which may not lawfully be used, or which is without the mark, label or number prescribed by the byelaws; and

(i)

prohibiting or regulating the carrying in a boat or vessel during F19any close season or time for any description of fish to which this 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.

F20(3)

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F21(4)

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(5)

The F1Agency shall have power, F2in relation to the whole or any part or parts of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of requiring persons to send to the F1Agency returns, in such form, giving such particulars and at such times as may be specified in the byelaws—

(a)

of the period or periods during which they have fished for F22fish to which this paragraph applies,

(b)

of whether they have taken any; and

(c)

if they have, of what they have taken.

F23(5A)

A byelaw under this paragraph does not apply to a person (including an employee or agent of the Agency) to the extent that he is acting—

(a)

with the written authority of the Agency; and

(b)

in accordance with any conditions imposed by the Agency in relation to that authority.

(5B)

For the avoidance of doubt, a byelaw under this paragraph may apply to an historic installation as to any other fixed engine.

(6)

Byelaws made under this paragraph may be made to apply to the whole or any part or parts of the year.

(7)

Expressions used in this paragraph and in the M2Salmon and Freshwater Fisheries Act 1975 have the same meanings in this paragraph as in that Act.