Illegal Trawling (Scotland) Act 1934

1934 CHAPTER 18 24 and 25 Geo 5

An Act to amend the law with regard to the enforcement of enactments prohibiting the use inScotland of the methods of fishing known as beam and otter trawling, and to the penalties that may be imposed in Scotland for other offences in connection with sea fisheries; and for purposes connected therewith.

[17th May 1934]

Modifications etc. (not altering text)

C1 Functions of Minister of Transport under s. 1(6) now exercisable by Board of Trade concurrently with Secretary of State: S.I. 1965/145, art. 2, Sch. 1 and 1970/1537, art. 2(1)

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 1 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 S. 2 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(1), Sch.1.

3 Increased penalty for obstruction of sea fishery officer. U.K.

Subsection (2) of section fourteen of the M1 Sea Fisheries Act, 1883, both as originally enacted and as applied by section five of this Act shall, in the case of a conviction in Scotland, have effect as if the words “two hundred pounds”were substituted for the words “fifty pounds.”

Modifications etc. (not altering text)

C2 The text of S. 3 is in the form in which it was enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 46 & 47 Vict. c. 22.

4 Trawling gear to be inboard while in prohibited area. U.K.

(1) While any vessel carrying trawling gear is within any area in which the methods of fishing known as beam trawling and otter trawling are illegal by virtue of [F3 an order under section 1 of the Inshore Fishing (Scotland) Act 1984] . . . F4 the boards of the trawl and the net shall be inboard.

(2) In the event of a contravention of the foregoing provisions of this section, the skipper of the vessel shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F5 level 2 on the standard scale].

Textual Amendments

F3 Words substituted by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 1

F4 Words repealed by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933), Sch.

F5 Words substituted by virtue of Criminal Procedure (Scotland) Act (c. 21, SIF 39:1), s. 289G

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 S. 5 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2

6 Interpretation. U.K.

In this Act, unless the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• the expression “illegal trawling” means any contravention of [F8 an order under section 1 of the Inshore Fishing (Scotland) Act 1984] . . . F9 prohibiting the methods of fishing known as beam trawling and otter trawling, . . . F10

• F11 . . .

Textual Amendments

F7 Definition of “Herring Fishery (Scotland) Acts” repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2

F8 Words substituted by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 1

F9 Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.

F10 Words repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 1

F11 S. 6: definition of "fishing boat" and "voyage" repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(1), Sch.1.

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 S. 7, Sch. repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

8 Short title. U.K.

This Act may be cited as the Illegal Trawling (Scotland) Act 1934.

F13 F13 SCHEDULE U.K.

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Textual Amendments

F13 S. 7, Sch. repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1