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Salmon and Freshwater Fisheries Act 1975

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This is the original version (as it was originally enacted).

PART IIByelaws

General

14Subject to Schedule 1 above, the power to make byelaws shall be exercisable by water authorities.

15Byelaws may be made for any of the purposes mentioned in paragraphs 19 to 36 below.

16A byelaw may be made to apply to the whole or any part or parts of a water authority area or to the whole or any part or parts of the year.

17If at any time before the end of 12 months after the confirmation of a byelaw made for the purpose specified in paragraph 21 or 25 below the owner or occupier of any fishery within the water authority area, by notice in writing to the water authority, claims that the fishery is injuriously affected by the byelaw, the claim and the amount of compensation to be paid, by way of annual payment or otherwise, for the damage (if any) to the fishery shall be determined, in default of agreement, by a single arbitrator appointed by the Minister.

18When the compensation is payable under any award by way of an annual payment, the water authority or the person entitled to the annual payment may at any time after the end of 5 years from the date of the award require it to be reviewed by a single arbitrator appointed by the Minister, and the compensation to be thenceforth paid shall be such, if any, as may be determined by that arbitrator.

Purposes for which Byelaws may be made

19Fixing or altering, subject to paragraph 3 of Schedule 1 above, any such close season or close time as is mentioned in that paragraph.

20Dispensing with a close season for freshwater fish or rainbow trout.

21Specifying the nets and other instruments (not being fixed engines) which may be used for taking salmon, trout, freshwater fish and eels and imposing requirements as to their construction, use, design, material and dimensions, including in the case of nets the size of mesh.

22Requiring and regulating the attachment to licensed 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.

23Prohibiting the carrying in any boat or vessel whilst being used in fishing for salmon or trout of any net which is not licensed, or which is without the mark, label or number prescribed by the byelaws.

24Prohibiting or regulating the carrying in a boat or vessel during the annual close season for salmon of a net capable of taking salmon other than a net commonly used in the area to which the byelaw applies for sea fishing if carried in a boat or vessel commonly used for that purpose.

25Prohibiting the use for taking salmon, trout, or freshwater fish of any instrument (not being a fixed engine) in such waters within the water authority area and at such times as may be prescribed by the byelaws.

26Prohibiting the taking or removal from any water without lawful authority of any fish, whether alive or dead.

27Determining for the purposes of this Act the period of the year during which gratings need not be maintained.

28Prohibiting or regulating the taking of trout or any freshwater fish of a size less than such as may be prescribed by the byelaw.

29Prohibiting or regulating the taking of fish 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.

30Prohibiting or regulating fishing with rod and line between the end of the first hour after sunset on any day and the beginning of the last hour before sunrise on the following morning.

31Regulating the deposit or discharge in any waters containing fish of any liquid or solid matter specified in the byelaw which is detrimental to salmon, trout or freshwater fish, or the spawn or food of fish, but not so as to prejudice any powers of a local authority to discharge sewage in pursuance of any power given by a public general Act, a local Act or a provisional order confirmed by Parliament.

32Requiring persons fishing for salmon, trout or freshwater fish to send to the water authority returns, in such .form, giving such particulars and at such times as may be specified in the byelaws, of any such fish which they have taken, or a statement that they have taken no such fish.

33Regulating the use in connection with fishing with rod and line of any lure or bait specified in the byelaw.

34Determining the time during which it shall be lawful to use a gaff in connection with fishing with rod and line for salmon or migratory trout.

35Authorising fishing with rod and line for eels during the annual close season for freshwater fish.

36The better execution of this Act and the better protection, preservation and improvement of any salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries in a water authority area.

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