Part VI Miscellaneous and Supplementary
39 Border rivers and Solway Firth.
C11
This Act—
a
does not apply to the River Tweed, but
b
applies to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,
and in this subsection “the River Tweed” means “the river” as defined by the M1Tweed Fisheries (Amendment) Act 1859 and any byelaw amending that definition.
F11A
In the application of this Act, under subsection (1)(b) above, to the River Esk in Scotland, references to this Act in sections 31 to 33 and section 36 shall be construed as including references to sections 1, 3 and 18 to 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act M21951 as applied to that River by section 21 of that Act.
2
Where the minimum size of mesh of nets used for taking salmon prescribed by any provision of this Act or by any byelaw in force in any part of the Solway Firth within England is greater than that which may be lawfully used in the part of the Solway Firth within Scotland, the provision or byelaw shall have effect as if the minimum size of mesh so prescribed in relation to the part of the Solway Firth within England were such as may be so lawfully used as aforesaid in the part of the Solway Firth within Scotland.
3
The limits of the Solway Firth for the purposes of this section shall be determined by the Minister.
4
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