Search Legislation

Water Resources Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Byelaws for purposes of fisheries functions

 Help about opening options

Version Superseded: 01/04/2013

Status:

Point in time view as at 01/12/2011.

Changes to legislation:

There are currently no known outstanding effects for the Water Resources Act 1991, Cross Heading: Byelaws for purposes of fisheries functions. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Byelaws for purposes of fisheries functionsE+W

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—E+W

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F1Words in Sch. 25 para. 6 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2Words in Sch. 25 para. 6(1) to (5) substituted (21.9.1995) by 1995 c. 25, s. 105, Sch. 15 para. 26(1) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

F3Words in Sch. 25 para. 6(1)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 224(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F9Words in Sch. 25 para. 6(2)(b)(i) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 224(5), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

F15Words in Sch. 25 para. 6(2)(e) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 224(6), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

Modifications etc. (not altering text)

C1Sch. 25 para. 6 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 9 (with s. 46).

Sch. 25 para. 6 excluded by S.I. 1999/1746, arts. 1(1), 4(1) (with art. 2) (the exclusion coming into force immediately before the principal appointed day (1.7.1999 appointed by S.I. 1998/3178, art. 3))

C2Sch. 25 para. 6 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources