Salmon and Freshwater Fisheries Act 1975

Section 25.

SCHEDULE 2E+W Licences

Duty on licencesE+W

1(1)Subject to sub-paragraph (2) below, there shall be payable in respect of a fishing licence a duty fixed in accordance with this Schedule by [F1the appropriate agency].E+W

(2)[F2The appropriate agency] may [F3 in such cases as it considers appropriate ] grant an exemption from the duty.

2E+WDifferent duties may be fixed under paragraph 1 above for [F4 different descriptions of licence ] and different classes of licence holder.

3E+W[F5The appropriate agency] shall at least one month before fixing or altering a duty for the use of [F6 any licensable means of fishing ] in any part of [F7its] area, except a duty payable in respect of a temporary licence, publish in one or more newspapers circulating in that part of [F7its] area notice of [F7its] intention to do so [F8and such a notice shall set out the amount of any duty as proposed to be fixed or altered.]

4E+WIf during the month immediately following the publication of a notice under paragraph 3 above a written objection to the proposed duty is made to [F9 the appropriate national authority ] by any interested [F10person, the appropriate agency shall] not fix or alter the duty without the approval of [F11 that authority ].

5E+W[F12 The appropriate national authority ], with or without a local inquiry, may refuse to approve any duty [F13submitted by the appropriate agency for] [F14that authority's] approval under paragraph 4 above or may approve the duty with or without modifications; [F15and the appropriate agency, if so directed] by [F16 that authority ], shall cause notice of any proposed modification to be given in accordance with the direction.

[X16E+WNo duty fixed under the foregoing provisions of this Schedule shall take effect until the beginning of the year following that in which it is fixed or, in the case of a duty required to be approved by the Minister, in which it is approved by him.]

[F176E+WWhere the fixing or alteration of any duty takes effect under this Schedule at any time, no alteration or, as the case may be, further alteration of that duty shall so take effect within the period of twelve months beginning with that time.]

7E+W[F18The appropriate agency] may grant a temporary licence, that is to say, a licence authorising the use of [F19 any licensable means of fishing ] for fishing in circumstances specified in the licence during a period not exceeding 14 days, and may charge in respect of that licence a duty less than the duty fixed for the use of [F20 that means ] under the foregoing provisions of this Schedule.

8E+WThere shall be payable in respect of a general licence such sum as may be [F21agreed by the appropriate agency and] the licensee.

Net etc. licences for salmon and trout fishingE+W

[X29E+WA person shall be treated for the purposes of section 25(3) above as the duly authorised servant or agent of the holder of a licence to use an instrument of any description only in the following cases—

(a)in an area in which there is in force an order under section 26 above limiting the number of licences for fishing with instruments of that description, if his name and address are entered on the licence in accordance with the following provisions of this Schedule and he is not the holder of another licence to use an instrument of that description in that area;

(b)in any other area, if his name and address are so entered or when using the instrument to which the licence relates he is accompanied by the licensee; or

(c)in the case of any area, if the water authority direct that owing to special circumstances he is to be so treated.]

[F229(1)A person who uses [F23 any licensable means of fishing ] for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing [F24 by that means ] is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use [F25 that means of fishing ] unless, at the time that person uses [F26 that means of fishing ]—E+W

(a)his name and address are entered on the licence in accordance with the following provisions of this Schedule; and

(b)he is not himself the holder of a licence to use [F27 that means of fishing ] in that area; and

(c)he is accompanied by the licensee or has the [F28consent of the appropriate agency to] his use of [F29 that means of fishing ] in the absence of the licensee.

(2)A person who uses [F30 any licensable means of fishing ] for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use [F31 that means of fishing ] unless, at the time that person uses [F32 that means of fishing ]—

(a)his name and address are entered on the licence in accordance with the following provisions of this Schedule; or

(b)he is accompanied by the licensee; or

(c)he has the [F33consent of the appropriate agency to] his use of [F34 that means of fishing ] otherwise than where there is compliance with paragraph (a) or (b) above.

(3)[F35The consent of the appropriate agency] shall not be given under this paragraph except—

(a)in the case of a consent for the purposes of subparagraph (1)(c) above, in relation to a period which [F36appears to the appropriate agency to be] a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;

(b)in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent [F37appears to the appropriate agency to be] required by the special circumstances of the case.]

10E+WThe name and address of a servant or agent may be entered on[F38 or removed from ] a licence by an [F39employee of the appropriate agency authorised] to do so or by the licensee or an agent who has been appointed by the licensee to act for the purposes of this paragraph and whose appointment, together with his name and address, has been notified to [F40the appropriate agency].

11E+WThe date of entry in the licence shall be stated in the licence at the time of the making of the entry, and within twenty-four hours of the making of an entry by a licensee or his agent a copy shall be sent to [F41the appropriate agency], F42....

F4312E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13E+WThe number of servants or agents whose names may at any time be entered on a licence shall not exceed twice the number of persons who in the [F44opinion of the appropriate agency are required] to work at one time [F45 the means of fishing ] to which the licence relates or, where the applicant for the licence [F46notifies the appropriate agency at the time] of the application that he proposes to take part in working [F45 the means of fishing ], one less than twice that number.

14E+WAny person who, with intent to deceive, enters on a licence more names than are permitted by paragraph 13 above or states falsely the date of entry in a licence is guilty of an offence.

[F47Historic installationsE+W

14A(1)Where a fishing licence is granted in respect of an historic installation, the [F48appropriate agency] may at any time, subject to this paragraph, impose conditions on its use pursuant to the licence.E+W

(2)Conditions under sub-paragraph (1) above are to be imposed by notice in writing to the person holding the licence.

(3)A notice under sub-paragraph (1) above may be varied or revoked by a further such notice.

(4)The [F49appropriate agency] may only impose conditions under sub-paragraph (1) above where it considers that it is necessary to do so for the protection of any fishery.]

MiscellaneousE+W

15E+WSubject to section 26 above, a fishing licence shall be [F50granted by the appropriate agency to every] applicant who is at the time of the application not disqualified from holding a fishing licence, on payment of the duty in respect of [F51 the means of fishing ] to which the licence relates.

16E+WA fishing licence shall not confer any right to fish at a place or a time at which the licensee is not otherwise entitled to fish.

17E+WA fishing licence shall not authorise the erection of any structure or the use of any installation or [F52 other thing ] for or in connection with fishing the erection or use of which would otherwise be illegal.

18E+WThe production of a printed copy of a statement purporting to be [F53issued by the appropriate agency as to] a licence duty fixed and, if it be the case, approved by the Minister under this Schedule shall be prima facie evidence that the licence duty was fixed or approved as there mentioned and of the amount of the duty, and without proof of the handwriting or official position of any person purporting to sign the statement.