Schedules

Schedule 16Migratory and freshwater fish: consequential and supplementary amendments

Salmon and Freshwater Fisheries Act 1975 (c. 51)

I1I141

The Salmon and Freshwater Fisheries Act 1975 has effect subject to the amendments in paragraphs 2 to 17.

I152

Section 3 (nets) is omitted.

3

I2I161

Section 5 (prohibition of use of explosives etc) is amended as follows.

I172

In subsection (1), for “subsection (2)” substitute “ subsections (2) and (2A) ”.

I33

In subsection (2)(b), at the end insert “ , for which the Agency may charge a fee ”.

I174

After subsection (2) insert—

2A

Subsection (1) above shall not apply to anything done pursuant to an authorisation granted by the Agency under section 27A below.

I184

Sections 6 to 8 (fixed engines, fishing weirs and fishing mill dams) are omitted.

I195

Section 16 (boxes and cribs in weirs and dams) is omitted.

I206

Section 17 (restrictions on taking salmon or trout above or below an obstruction or in mill races) is omitted.

I217

In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17” substitute “ or 15 ”.

I4I228

Sections 19 to 22 (close seasons etc) are omitted.

I239

1

Section 25 (licences to fish) is amended as follows.

2

In subsection (2), for “an instrument” substitute “ the means of fishing ”.

3

In subsection (3)—

a

for “an instrument” substitute “ any means of fishing ”;

b

for “the instrument” substitute “ that means of fishing ”.

I2410

1

Section 26 (limitation of fishing licences) is amended as follows.

2

In subsection (1), for “the Minister” substitute “ the appropriate national authority ”.

3

In subsection (2)—

a

for “the Minister” substitute “ the appropriate national authority ”;

b

for “he” (in both places) substitute “ that authority ”;

c

for “his” substitute “that authority's”;

d

for “him” substitute “ that authority ”.

4

In subsection (3)—

a

for “The Minister” substitute “ The appropriate national authority ”;

b

for “him” substitute “ that authority ”;

c

for “he” substitute “ that authority ”.

5

In subsection (6)—

a

for “The Minister” substitute “ The appropriate national authority ”;

b

for “him” substitute “ that authority ”;

c

for “he” substitute “ that authority ”.

6

In subsection (7)—

a

for “the Minister”, in the first place, substitute “ the appropriate national authority ”;

b

for “the Minister”, in the second place, substitute “ that authority ”.

I2511

1

Section 27 (unlicensed fishing) is amended as follows.

2

The existing provision is renumbered as subsection (1).

3

In that subsection, after “of any description” insert “ by any licensable means of fishing ”.

4

In that subsection, for paragraphs (a) and (b) substitute—

a

fishes for or takes fish of that description by that means and—

i

is not entitled to use that means for that purpose by virtue of a fishing licence, or

ii

is acting in breach of any condition of such a licence, or

b

where that licensable means of fishing is an instrument, has that instrument in his possession with intent to use it for that purpose and is not entitled to use it for that purpose by virtue of a fishing licence.

5

After that subsection insert—

2

Subsection (1) above does not apply to a person where—

a

he has permission under section 25(10) above to take fish of that description in that place by that means, and

b

he is not acting in breach of any condition of that permission.

I512

In section 33 (orders and warrants to enter suspected premises), in subsection (2), for “or any salmon, trout, freshwater fish or eels to have been illegally taken” substitute “ or an offence against this Act to have been committed in the taking of any fish ”.

I613

In section 34 (power to apprehend persons fishing illegally), for the words from “illegally takes or kills” to “by this Act” substitute “ takes or kills any fish where the taking or killing constitutes an offence under this Act, or is found on or near any waters with intent to take or kill any fish where the taking or killing would constitute an offence under this Act, or having an instrument prohibited by this Act in his possession for the capture of any fish, where the capture would constitute an offence under this Act ”.

14

I7I261

In section 41 (interpretation), subsection (1) is amended as follows.

I82

In the definition of “fixed engine”, in paragraph (d), for “salmon or trout” substitute “ fish ”.

I273

After the definition of “general licence” insert—

“historic installation” has the meaning given by section 25 above;

I274

After the definition of “inland water” insert—

“licensable means of fishing” has the meaning given by section 25 above;

I915

Schedule 1 (close seasons and close times) is omitted.

16

I10I281

Schedule 2 (licences) is amended as follows.

I112

In paragraph 1(2), for “in special cases” substitute “ in such cases as it considers appropriate ”.

I113

In paragraph 2, for the words from “different instruments” to “different descriptions of fish” substitute “ different descriptions of licence ”.

I294

In paragraph 3, for “any instrument” substitute “ any licensable means of fishing ”.

I115

In paragraph 4—

a

for “the Minister”, in the first place, substitute “ the appropriate national authority ”;

b

for “the Minister”, in the second place, substitute “ that authority ”.

I116

In paragraph 5—

a

for “The Minister” substitute “ The appropriate national authority ”;

b

for “his” substitute “that authority's”;

c

for “the Minister” substitute “ that authority ”.

I297

In paragraph 7—

a

for “an instrument” substitute “ any licensable means of fishing ”;

b

for “that instrument” substitute “ that means ”.

I298

In paragraph 9—

a

in sub-paragraph (1)—

i

for “an instrument of any description” substitute “ any licensable means of fishing ”;

ii

for “with instruments of that description” substitute “ by that means ”;

iii

for “an instrument of that description”, in the first place, substitute “ that means of fishing ”;

iv

for “the instrument”, in the first place, substitute “ that means of fishing ”;

v

in paragraph (b), for “an instrument of that description”, substitute “ that means of fishing ”;

vi

in paragraph (c), for “the instrument” substitute “ that means of fishing ”;

b

in sub-paragraph (2)—

i

for “an instrument of any description” substitute “ any licensable means of fishing ”;

ii

for “an instrument of that description” substitute “ that means of fishing ”;

iii

for “the instrument”, in the first place, substitute “ that means of fishing ”;

iv

in paragraph (c), for “the instrument” substitute “ that means of fishing ”.

I119

In paragraph 10, after “entered on” insert “ or removed from ”.

I2910

In paragraph 13, for “the instrument”, in both places, substitute “ the means of fishing ”.

I2911

In paragraph 15, for “the instrument” substitute “ the means of fishing ”.

I2912

In paragraph 17, for “instrument” substitute “ other thing ”.

17

I12I301

Schedule 4 (offences) is amended as follows.

I132

In the table in paragraph 1(2), the entries relating to section 19(2), section 19(4), section 19(6), section 19(7) and section 21 are omitted.

I313

In that table, in the entry relating to section 27—

a

in the second column—

i

after “fishing for fish” insert “ by licensable means of fishing ”;

ii

after “unlicensed” insert “ licensable ”;

b

in the third column, in paragraph (a), for the words from “instrument” to “rod and line” substitute “ offence is one alleged to be committed by use or possession of rod and line (only) ”.

I134

In paragraph 1(3), for the words from “both” to the end substitute—

a

both are engaged in committing—

i

an offence under section 1 above, other than one committed without any instrument, or

ii

an offence under section 27 above, other than one committed by means of a rod and line (only), or

b

one is aiding, abetting, counselling or procuring the commission of such an offence by the other.

I135

In paragraph 7, for “salmon, trout or freshwater fish” substitute “ fish ”.

I316

In paragraph 9—

a

after “any fishing or general licence” insert “ or authorisation under section 27A above ”;

b

after “a fishing or general licence” (in both places) insert “ or authorisation under section 27A above ”.

I317

In paragraph 10—

a

after “a fishing or general licence” insert “ or authorisation under section 27A above ”;

b

after “the licence” (in every place) insert “ or authorisation under section 27A above ”.

I318

In paragraph 11—

a

after “a fishing or general licence” insert “ or authorisation under section 27A above ”;

b

after “a licence” insert “ or authorisation ”;

c

after “the licence” insert “ or authorisation ”.