Salmon Act 1986 (c. 62)

[ F2 (1) A salmon fishery district shall be the area within the coastal limits of a district (within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868) and extending— (a) seaward for three miles from mean low water springs and (b) landward to include the catchment area of each river which flows directly or indirectly into the sea within these limits but excluding any area designated as a salmon fishery district by an order made under subsection (2) below. (2) Notwithstanding subsection (1) above, the Secretary of State may, in accordance with section 2 of this Act, by order designate any area as a salmon fishery district, whether or not it includes all or part of a salmon fishery district— (a) established by subsection (1) above; or (b) already designated as such by an order made under this subsection; and such an order is referred to in this Act as a “ designation order ”. (3) Districts within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall cease to exist and, subject to subsection (6) below— (a) any reference in any enactment to a particular district within that meaning shall be construed as a reference to the salmon fishery district established by subsection (1) above which has the same coastal limits as that district; and (b) for references in any enactment, excluding this Act, to such districts in general there shall be substituted references to salmon fishery districts and a salmon fishery district which has the same coastal limits as a district within the meaning of these Acts shall have the same name as that district. (4) After consulting such persons as he thinks fit, the Secretary of State may, by order made by statutory instrument— (a) where an island or part of an island is not within the area of a salmon fishery district by virtue of subsections (1) or (2) above, include in the area of a salmon fishery district— (i) that island or that part; and (ii) the sea within three miles from mean low water springs on that island or that part; (b) where there is doubt as to whether a particular place is in a particular salmon fishery district, make provision for the purpose of removing that doubt; or (c) change a reference used in describing a salmon fishery district where the suitability of that reference for that purpose has lessened or ceased but such an order shall not create a salmon fishery district. (5) The River Tweed shall not be a salmon fishery district except as otherwise provided in this Act. (6) References in the M1 Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 and in any other enactment as amended by that Act to a district shall be construed as including references to the River Tweed. ] Subordinate Legislation Made P1 S. 1: power previously exercised by S.I. 1988/994 , 1989/1869, 1990/324 P2 S. 1(2): s. 1(2) (with s. 2) power exercised by S.I.1991/2271 Textual Amendments F2 Ss. 1-3 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 Marginal Citations M1 1951 c. 26 .

In this Act, unless the context otherwise requires the expressions “ board ” or “ district salmon fishery board ”, “ district ” or “ salmon fishery district ”, “ fishery ”, “ proprietor ”, “ salmon ” and “ river ” shall have the meanings ascribed to them in section 40(1) of the Salmon Act 1986 (interpretation). ” . ] Textual Amendments F49 Sch. 4 paras. 1-5 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 2 U.K. [ F49 In section 11 of that Act (application to streams not frequented by salmon), for the words “mill dams” there shall be substituted the words “ dams, including mill dams ” . ] Textual Amendments F49 Sch. 4 paras. 1-5 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 3 [ F49 (1) In section 18 of that Act (offence of buying, selling, possessing etc. of salmon roe), the words from “uses” to “purposes, or” shall be omitted. U.K. (2) In section 19 (offences in relation to young salmon, salmon spawn, spawning beds etc. ), the words from “for the purpose” in the second place where they occur to “purpose, or” shall be omitted. (3) In section 20 (offences in relation to unclean or unseasonable salmon), the words from “or to any person” onwards shall be omitted. ] Textual Amendments F49 Sch. 4 paras. 1-5 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 4 U.K. [ F49 In the said section 19, for the word “wilfully” there shall be substituted the word “ knowingly ” . ] Textual Amendments F49 Sch. 4 paras. 1-5 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 5 U.K. [ F49 In section 41 of that Act (extent), the words from “and Schedule G” to “Schedule” shall be omitted. ] Textual Amendments F49 Sch. 4 paras. 1-5 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 6 U.K. [ F50 In subsection (3) of section 8 of the Diseases of Fish Act 1937 (penalties and legal proceedings) for the words after “be” there shall be substituted the words “ proceeded against and punished in Scotland ” . ] Textual Amendments F50 Sch. 4 para. 6 omitted (E.W.) (27.3.2009) by virtue of Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463) , reg. 1(2) , Sch. 2 para. 7(b) (with reg. 2(2) ) and Sch. 4 para. 6 omitted (S.) (27.3.2009) by virtue of Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85) , reg. 1(2)(c) , sch. 2 para. 7(b) (with reg. 2. ) 7 U.K. [ F51 In section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (prohibition of poaching), for the words “low water mark” there shall be substituted the words “ mean low water springs ” . ] Textual Amendments F51 Sch. 4 paras. 7-10 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 8 U.K. [ F51 Section 9 of that Act (saving for acts done for scientific and other purposes) shall be renumbered as subsection (1) of that section and— (a) in that subsection the words from “or”, or where fourthly occurring, onwards shall cease to have effect; and (b) after that subsection there shall be added the following subsection “ (2) This section does not apply to an act relating to salmon. ” . ] Textual Amendments F51 Sch. 4 paras. 7-10 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 9 U.K. [ F51 In section 15(1)(c) of that Act (power of Secretary of State to conduct inquiries and to obtain information), the words from “so as to show” to the end of that subsection shall be omitted. ] Textual Amendments F51 Sch. 4 paras. 7-10 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 10 U.K. [ F51 In section 19(2) of that Act (forfeitures) the words “on indictment” shall be omitted. ] Textual Amendments F51 Sch. 4 paras. 7-10 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 11 U.K. In section 22 of that Act (provisions as to River Tweed), for the reference to the Board of Commissioners of the River Tweed there shall be substituted a reference to the council constituted under section 6 of the M54 Tweed Fisheries Act 1969. Marginal Citations M54 1969 c. xxiv . 12 U.K. [ F52 In section 24 of that Act (interpretation), for the entries relating to “District” and “District Board” there shall be substituted the following entries— “ “ District ” and “ Salmon Fishery District ” shall be deemed to include the River Tweed; “ District Board ” and “ District Salmon Fishery Board ” shall include the council constituted under section 6 of the Tweed Fisheries Act 1969; ” . ] Textual Amendments F52 Sch. 4 para. 12 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 13 U.K. In section 39 of the Salmon and Freshwater Fisheries Act 1975 (Border rivers and Solway Firth), after subsection (4) there shall be added the following subsection— “ (5) Nothing in this section shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act. ” . 14 U.K. In section 43(3) of that Act (Scottish extent), for the words “and (4)” there shall be substituted the words “ (4) and (5) ” . 15 [ F53 (1) In section 7(5) of the Freshwater and Salmon Fisheries (Scotland) Act 1976 (fish farmers to be exempted from certain offences)— U.K. (a) the word “4” shall be omitted; and (b) after the word “8” there shall be inserted the words “ , 8A ” . (2) In Part I of Schedule 3 to that Act (offences from which fish farmers are to be exempted)— (a) paragraph 4 shall be omitted; and (b) after paragraph 8 there shall be inserted the following paragraph— “ (8A) In the Salmon Act 1986, regulations made under section 3(2)(a) or (d) (general regulations). ” . ] Textual Amendments F53 Sch. 4 para. 15 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) , s. 71(2) , sch. 4 Pt. 2 (with s. 71(3) (4) (6) ); S.S.I. 2005/174 , art. 2 Section 41. SCHEDULE 5 U.K. Repeals Chapter Short title Extent of repeal 1696 c. 35 (S.). Salmon Act 1696. The whole Act. 25 & 26 Vict. c. 97. Salmon Fisheries (Scotland) Act 1862. The whole Act. 26 & 27 Vict. c. 10. Salmon Acts Amendment Act 1863. The whole Act. 26 & 27 Vict. c. 50. Salmon Fisheries (Scotland) Act 1863. The whole Act. 27 & 28 Vict. c. 118. Salmon Fisheries (Scotland) Act 1864. The whole Act. 31 & 32 Vict. c. 123. Salmon Fisheries (Scotland) Act 1868. The whole Act except sections 1, 11, 15, 18 to 24, 26, 27, 29, 31 to 36 and 41. 33 & 34 Vict. c. 33. Salmon Acts Amendment Act 1870. The whole Act. 45 & 46 Vict. c. 78. Fishery Board (Scotland) Act 1882. The whole Act. 14 & 15 Geo. 6. c. 26. Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951. Section 14. In section 19(2) the words “on indictment,”.