Salmon Act 1986

37Byelaws under Sea Fisheries Regulation Act 1966

(1)Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under section 5 of the [1966 c. 38.] Sea Fisheries Regulation Act 1966 shall be exercisable for the purposes of protecting salmon and of preventing any interference with their migration and shall be so exercisable as if the references in that section to sea fish included references to salmon.

(2)Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under the said section 5 shall also include power to make byelaws which for the purposes of section 6 of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 authorise the placing and use of fixed engines at such places in their sea fisheries district, at such times and in such manner as may be prescribed by the byelaws and impose requirements as to the construction, design, material and dimensions of such engines, including in the case of nets the size of mesh.

(3)A local fisheries committee shall not make byelaws for any purpose mentioned in subsection (1) or (2) above unless the water authority whose area for the purposes of functions relating to fisheries includes the whole or any part of the committee's sea fisheries district have consented to byelaws being made by the committee for that purpose.

(4)For the purposes of any byelaws made by virtue of this section the references to sea fish in sections 10(2)(c) and 12 of the said Act of 1966 (which include provision with respect to the seizure of, and searches for, sea fish taken in contravention of byelaws) shall be deemed to include references to salmon.

(5)In this section—

• " fixed engine " has the same meaning as in the Salmon and Freshwater Fisheries Act 1975 ; and

• " salmon" means fish of the salmon species and trout which migrate to and from the sea.