25 Licences to fish.E+W
[F1(1)The Agency shall by means of a system of licensing regulate fishing by licensable means of fishing for—
(a)salmon, trout, eels, lampreys, smelt and freshwater fish; and
(b)fish of such other description as may be specified for the purposes of this section by order under section 40A below.
(1A) In this Act “ licensable means of fishing ” means any of the following—
(a)rod and line;
(b)an historic installation;
(c)such other means of fishing as the appropriate national authority may by order specify.
(1B) In this Act “ historic installation ” means any of the following—
(a)a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine;
(b)a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage;
(c)a fishing weir or fishing mill dam which was lawfully in use on 6th August 1861 by virtue of a grant or charter or immemorial usage.]
(2)Subject to the following provisions of this section, a licence granted for the purposes of this section (hereafter in this Act referred to as a “fishing licence”) shall entitle the person to whom it was granted and no others to use an instrument specified in the licence to fish for any fish [F2of a description, in an area and for a period][F2of such a description, in such area or areas and for such period as is] so specified.
(3)A fishing licence for the use of an instrument other than a rod and line to fish for salmon or trout shall also authorise the use of the instrument for that purpose by the duly authorised servants or agents of the person to whom it was granted, but [F3not exceeding the number permitted by paragraph 13 of Schedule 2 to this Act][F3subject to the provisions of paragraphs 9 to 13 of Schedule 2 to this Act].
(4)A fishing licence for the use of a rod and line shall entitle the licensee to use as ancillary to that use a gaff, consisting of a plain metal hook without a barb, or a tailer or landing net.
(5)A fishing licence for the use of any instrument for fishing for salmon shall authorise the use of that instrument for fishing for trout.
(6)A fishing licence in respect of any instrument for fishing for salmon or trout shall authorise the use of that instrument for fishing for freshwater fish and eels.
(7)Any person or association entitled to an exclusive right of fishing in any inland waters may be granted a general licence to fish in those waters subject to any conditions agreed between the water authority and the licensee, and the licence shall entitle the licensee and, subject to paragraph 9 of Schedule 4 below, any person authorised by him in writing, or in the case of an association, by its secretary so to fish.
(8)Schedule 2 to this Act shall have effect with respect to fishing licences.
(9)Any licence in force under any provision of section 61 of the M1Salmon and Freshwater Fisheries Act 1923 immediately before 29th June 1972 shall be treated as having been granted under the corresponding provision of this section.
Textual Amendments
F1S. 25(1)-(1B) substituted for s. 25(1) (12.11.2009 for specified purposes) by Marine and Coastal Access Act 2009 (c. 23), ss. 217(1), 324(1)(c), 324(1)(d)
F2Words “of such a description, in such area or areas and for such period as is” substituted for “of a description, in an area and for a period” (E.W.) by Water Act 1989 (c.15, SIF 130), s. 141, Sch. 17 para. 7(1)(5) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F3Words beginning “subject to the provisions” substituted for words beginning “not exceeding” (E.W. and as mentioned in s. 43(4) of the amending act (border rivers)) by Salmon Act 1986 (c. 62, SIF 52:2), ss. 33(1), 43(4)
Marginal Citations