SCHEDULES

Section 19.

SCHEDULE 1Close Seasons and Close Times

1It shall be the duty of every water authority to make byelaws fixing for their area or the respective parts of it, subject to paragraph 3 below, the annual close season and weekly close time for fishing by any method for salmon and trout other than rainbow trout.

2If a water authority have not before the commencement of this Act made any such byelaws for a part of their area, the Minister may make such byelaws for that part of that area with or without a local inquiry.

3The minimum close seasons and close times are specified in the following Table (subject to the power to dispense altogether with a close season for freshwater fish or rainbow trout conferred by paragraph 20 of Schedule 3 below).

4If byelaws neither specify nor dispense with an annual close season for freshwater fish, the annual close season for such fish shall be the period between 14th March and 16th June.

5The annual close season for rainbow trout for any waters is that fixed for those waters by byelaws.

6Subject to any byelaws under this Act or the [1923 c. 16.] Salmon and Freshwater Fisheries Act 1923—

(a)for salmon—

(i)the annual close season shall be the period between 31st August and the following 1st February ;

(ii)the close season for rods shall be the period between 31st October and the following 1st February;

(iii)the close season for putts and putchers shall be the period between 31st August and the following 1st May; and

(iv)the weekly close time shall be the period between 6 a.m. on Saturday and 6 a.m. on the following Monday ; and

(b)for trout—

(i)the annual close season shall be the period between 31st August and the following 1st March ;

(ii)the annual close season for rod and line shall be the period between 30th September and the following 1st March; and

(iii)the weekly close time shall be the period between 6 a.m- on Saturday and 6 a.m. on the following Monday.

Section 25.

SCHEDULE 2Licences

Duty on licences

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 the water authority.

(2)The water authority may in special cases grant an exemption from the duty.

2Different duties may be fixed under paragraph 1 above for different instruments, different periods, different parts of the water authority area, different descriptions of fish and different classes of licence holder.

3A water authority shall at least one month before fixing or altering a duty for the use of any instrument in any part of their area, except a duty payable in respect of a temporary licence, publish in one or more newspapers circulating in that part of their area notice of their intention to do so.

4If during the month immediately following the publication of a notice under paragraph 3 above a written objection to the proposed duty is made to the Minister by any interested person, the water authority shall not fix or alter the duty without the approval of the Minister.

5The Minister, with or without a local inquiry, may refuse to approve any duty submitted by a water authority for his approval under paragraph 4 above or may approve the duty with or without modifications ; and the authority, if so directed by the Minister, shall cause notice of any proposed modification to be given in accordance with the direction.

6No 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.

7A water authority may grant a temporary licence, that is to say, a licence authorising the use of an instrument 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 that instrument under the foregoing provisions of this Schedule.

8There shall be payable in respect of a general licence such sum as may be agreed by the water authority and the licensee.

Net etc. licences for salmon and trout fishing

9A 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.

10The name and address of a servant or agent may be entered on a licence by an employee of a water authority 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 the water authority.

11The 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 the water authority, together with a fee of 20p for every name and address entered.

12The name and address of a servant or agent may be removed from, or inserted in, a licence on payment of a fee of 20p for each removal or insertion or, where a name and address are inserted in substitution for a name and address removed, for each substitution.

13The 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 opinion of the water authority are required to work at one time the instrument to which the licence relates or, where the applicant for the licence notifies the authority at the time of the application that he proposes to take part in working the instrument, one less than twice that number.

14Any 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.

Miscellaneous

15Subject to section 26 above, a fishing licence shall be granted by the water authority 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 the instrument to which the licence relates.

16A 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.

17A fishing licence shall not authorise the erection of any structure or the use of any installation or instrument for or in connection with fishing the erection or use of which would otherwise be illegal.

18The production of a printed copy of a statement purporting to be issued by a water authority 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.

Section 28.

SCHEDULE 3Administration

PART IOrders

Scope

1An order may provide—

(a)for the imposition, collection and recovery by a water authority of contributions assessed on several fisheries regulated by the order or on the owners and occupiers of such fisheries ;

(b)for enabling the water authority with the approval of the Minister, but subject to paragraphs 2 and 3 below, to erect and work by themselves or their lessees any fixed engine for catching salmon or migratory trout within the area within which the order is to apply ;

(c)for modifying in relation to the fisheries within the area any of the provisions of this Act which relate to the regulation of fisheries, or of any local Act relating to any fishery within the area.

2An order shall not authorise a fixed engine to be worked for a period exceeding five years unless authorisation is from time to time extended by licence of the Minister for such term as may be specified in the licence and not exceeding at any one time five years.

3The Minister shall not grant a licence until he has inquired into the effect of the working of the engine on the salmon or trout fisheries within the area.

4An order may contain any incidental, consequential or supplemental provisions, including provisions for payment of compensation to persons injuriously affected by the order, which may appear to be necessary or proper for the purposes of the order.

Procedure

5An application for an order may be made by any of the following, namely—

(a)a water authority ;

(b)a county council;

(c)persons who in the opinion of the Minister are the owners of one-fourth at least in value of the several fisheries proposed to be regulated or constitute a majority of the persons holding licences to fish in public waters within the area of the proposed order ;

(d)any association of persons which in the opinion of the Minister is sufficiently representative of fishing interests within that area.

6The applicant for an order shall give such security for the Minister's expenses as the Minister may require.

7Before making an order the Minister shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected and obtained, and of the time within and manner in which objections to the draft order may be made, to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected.

8Before making an order the Minister shall consider any objections which may be duly made to the draft order, and may cause a public local inquiry to be held with respect to any such objections.

9After an order has been settled and made by the Minister it shall be published in such manner as he thinks best adapted for informing persons affected with notice that the Minister has settled the order, and that the order will become final unless within such period, not being less than 30 days, as may be stated in the notice, a memorial is presented to the Minister by a water authority, local authority or other person or association affected by it, praying that it shall be subject to special parliamentary procedure.

10If within such period, not being less than 30 days, as may be stated in the notice so published, no memorial against the order is presented to the Minister by any water authority, local authority or other person or association affected by the order, or if any such memorial so presented is withdrawn, the Minister may confirm the order, but if any such memorial is presented and is not withdrawn, the order shall be subject to special parliamentary procedure.

11The making and confirmation of an order shall be prima facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making and confirmation of such an order have been complied with.

12The Minister may by statutory instrument make regulations in relation to the publication of notices and advertisements and the holding of and procedure at public local inquiries under this Part of this Schedule, and the payment of expenses of and incidental to such inquiries and to any other matters of procedure respecting the making of orders.

13Where—

(a)any fishery, land or foreshore proposed to be comprised in an order; or

(b)any fishery proposed to be affected by any order; or

(c)any land over which it is proposed to acquire an easement under an order,

belongs to Her Majesty in right of the Crown or forms part of the possessions of the Duchy of Lancaster or the Duchy of Cornwall, or belongs to or is under the management of any government department, the Minister may make the order if he has previously obtained—

(i)in the case of any foreshore under the management of the Crown Estate Commissioners, or of any fishery or land belonging to Her Majesty in right of the Crown, die consent of those Commissioners ;

(ii)in the case of any foreshore or fishery or land forming part of the possessions of the Duchy of Lancaster, the consent of the Chancellor of the Duchy ;

(iii)in the case of any foreshore, fishery or land forming part of the possessions of the Duchy of Cornwall, the consent of the Duke of Cornwall, or the persons for the time being empowered to dispose for any purpose of the land of the Duchy;

(iv)in the case of any foreshore or fishery or land which belongs to or is under the management of a government department, the consent of that government department.

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.

PART IIIMiscellaneous

37Without prejudice to paragraph 2 of Schedule 3 to the [1973 c. 37.] Water Act 1973 (general power of water authorities to do anything which in their opinion is calculated to facilitate or is conducive or incidental to the discharge of any of their functions), it is hereby declared that the powers conferred by Part VI of the [1963 c. 38.] Water Resources Act 1963 (which relates to land and works) include power for a water authority to purchase or take on lease (either by agreement or if so authorised compulsorily)—

(a)any dam, fishing weir, fishing mill dam, fixed engine or other artificial obstruction and any fishery attached to or worked in connection with any such obstruction ;

(b)so much of the bank adjoining a dam as may be necessary for making or maintaining a fish pass for the purposes of section 10 above ; and

(c)for the purpose of erecting and working a fixed engine under paragraph 1(b) above, any fishery land or foreshore specified in the relevant order under that paragraph together with any easement over any adjoining land necessary for securing access to the fishery land or foreshore so acquired.

38Without prejudice to the said paragraph 2, a water authority may either alter or remove an obstruction acquired in the exercise of the powers mentioned in paragraph 37 above, or may by themselves or their lessees use or work in any lawful manner the obstruction for fishing purposes and exercise the right conferred by any fishery so acquired, subject in the case of an obstruction or fishery acquired by way of lease to the terms of the lease.

39(1)Without prejudice to the said paragraph 2, a water authority—

(a)may take legal proceedings in respect of any offence against this Act, or for the enforcement of any provision of this Act or for the protection of the fisheries in their area from injury by pollution or otherwise ;

(b)may purchase or lease by agreement any fishery, fishing rights, or any establishment for the artificial propagation or rearing of salmon, trout or freshwater fish, and may use, work or exercise the same by themselves, their lessees, or any person duly authorised by them in writing ; and

(c)may obtain the services of additional constables under section 15 of the [1964 c. 48.] Police Act 1964.

(2)Nothing in this paragraph shall authorise anything to be done which may injuriously affect any navigable river, canal, or inland navigation.

Section 37.

SCHEDULE 4Offences

PART IProsecution and Punishment

1(1)Column 2 of the Table below gives a description of the offences against the provisions of this Act specified in column 1 of the Table, and in relation to any such offence—

(a)column 3 shows whether the offence is punishable summarily (that is to say, on summary conviction) or on indictment or either in one way or the other ; and

(b)column 4 shows the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that period.

(2)A person guilty of an offence against any provision of this Act not specified in the Table shall be liable on summary conviction to a fine not exceeding £50 or, in the case of a second or subsequent conviction, £100.

(3)A person shall be treated as acting together with another for the purposes of the above Table if both are engaged in committing an offence against section 1 or 27 above, other than one committed by means of a rod and line or without any instrument, or one is aiding, abetting, counselling or procuring the commission of such an offence by the other.

PART IIProcedure

2Any offence against this Act committed on the sea-coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction shall be deemed to have been committed in any place abutting on that sea-coast or adjoining that sea, and may be tried and punished accordingly.

3Offences against this Act committed in Scotland shall be proceeded against and punished in Scotland.

4A justice of the peace shall not be disqualified from hearing any case under this Act by reason only of being a subscriber to any society for the protection of fish, but a justice shall not be entitled to hear any case in respect of an offence committed on his own land or in relation to any fishery of which he is owner or occupier.

5The court by which a person is convicted of an offence against this Act may order the forfeiture of—

(a)any fish illegally taken by him or in his possession at the time of the offence ;

(b)any instrument, bait or other thing used in the commission of the offence;

(c)in the case of an offence of unlawful possession of any substance or device in contravention of section 5 above, that substance or device ; and

(d)on conviction on indictment, any vessel or vehicle used in or in connection with the commission of the offence or in which any substance or device unlawfully in his possession was contained at the time of the offence ;

and may order any object so forfeited to be disposed of as the court thinks fit.

6Schedule 7 to the [1952 c. 44.] Customs and Excise Act 1952 (provisions relating to the forfeiture of things seized under that Act) shall apply in relation to any vessel or vehicle liable to forfeiture under paragraph 5 above as it applies in relation to anything liable to forfeiture under that Act, but in its application in relation to any such vessel or vehicle shall have effect subject to the following modifications:—

(a)provisos (a) to (c) in paragraph 1 and paragraph 5 shall be omitted;

(b)for references to the Commissioners of Customs and Excise there shall be substituted references to the water authority within whose area the offence in question was committed; and

(c)the court shall not condemn a vehicle or vessel as forfeited under paragraph 6 of that Schedule if satisfied by its owner that that offence was committed without his knowledge and that he could not have reasonably foreseen that it would be used as mentioned in paragraph 5(d) above ;

and where notice of claim in respect of anything is duly given in accordance with paragraphs 3 and 4 of that Schedule, as applied by this paragraph, the court shall not exercise its power of ordering forfeiture of the vessel or vehicle under paragraph 5 above.

In this paragraph " owner", in relation to a vessel or vehicle which is the subject of a hire-purchase agreement, means the person in possession of the vehicle under that agreement.

7An authorised officer may seize any salmon, trout or freshwater fish bought, sold or exposed for sale by, or in the possession for sale of, any person in contravention of this Act.

8Where any fish or any other thing of a perishable nature is seized as liable to forfeiture under paragraph 5 above, the person by whom it is seized may sell it, and the net proceeds of sale shall be liable to forfeiture in the same manner as the fish or other thing sold, and if and so far as not forfeited shall be paid on demand to the owner; but no person shall be subject to any liability on account of his neglect or failure to exercise the powers conferred on him by this paragraph.

9If a person is convicted of an offence against this Act and is subsequently convicted of any such offence, the court may order that any fishing or general licence held by him shall be forfeited, and that he shall be disqualified from holding and obtaining a fishing or general licence or for fishing in a water authority area by virtue of a fishing or general licence for such period not exceeding one year as the court thinks fit.

10A person who is prosecuted for an offence against this Act and who is the holder of a fishing or general licence shall either—

(a)cause it to be delivered to the clerk of the court not later than the day before the date appointed for the hearing, or

(b)post it, at such a time that in the ordinary course of post it would be delivered not later than that day, in a letter duly addressed to the clerk and either registered or sent by the recorded delivery service, or

(c)have it with him at the hearing ;

and if he is convicted of the offence and the court makes an order under paragraph 9 above the court shall order the licence to be surrendered to it ;¢ and if the offender has not posted the licence or caused it to be delivered as aforesaid and does not surrender it as required then he shall be guilty of an offence and the licence shall be revoked from the time when its surrender was ordered.

11Where a court orders a fishing or general licence to be surrendered to it under paragraph 10 above, or where by an order of a court under paragraph 9 above a person is disqualified from holding or obtaining a licence, the court shall—

(a)send notice of the order to the water authority within whose area the offence was committed, unless the authority prosecuted in the case ;

(b)if the licence has been so surrendered, retain it and forward it to that authority, who may dispose of it as they think fit

12Where any person is convicted of an offence against this Act, the clerk of the court before whom he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the water authority for the area in which the offence was committed.

13A certificate under paragraph 12 above shall be receivable in evidence in all legal proceedings.

Section 43.

SCHEDULE 5Repeals