Freshwater and Salmon Fisheries (Scotland) Act 1976
| Year | 1976 |
Freshwater and SalmonFisheries (Scotland) Act 1976
1976 CHAPTER 22
An Act to make new provision with respect to freshwater and salmon fisheries in Scotland; and for connected purposes.
[10th June 1976]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Increased availability of, and protection for, freshwater fishing.
(1) Where the Secretary of State is satisfied that, if proposals submitted to him under this section were implemented, there would be a significant increase in the availability of fishing for freshwater fish in inland waters to which the proposals relate, he may, subject to subsection (3) below, make an order (in this Act referred to as a ‘protection order’).
(2) A protection order shall—
(a ) be made in relation to such area as the Secretary of State may prescribe, which shall be the catchment area or such part thereof, as the Secretary of State thinks appropriate, of any river; and
(b ) prohibit persons without legal right or without written permission from a person having such right from fishing for or taking freshwater fish in the inland waters in the prescribed area.
(3) The Secretary of State shall not make a protection order unless—
(a ) he has received proposals in writing from or on behalf of an owner of land, to which pertains a right of fishing for freshwater fish in any inland waters in the area to which the proposals relate, or an occupier of such right, in relation to the improvement of, or the giving or availability of access to, fishings; and
(b ) he has consulted a body which in his opinion is representative of persons wishing to fish for freshwater fish in inland waters in Scotland; and
(c ) he is satisfied that, if such proposals were implemented, fishing for freshwater fish in the area to be prescribed by him in the protection order would be available—
(i) to a degree, which he considered reasonable having regard in particular to what is, in his opinion, the demand, by persons who are neither owners nor occupiers of a right of fishing for freshwater fish in the waters to which the proposals relate nor members of a club which is such an owner or occupier in those waters, for fishing in that area, and
(ii) on such terms and conditions as he considered reasonable; and
(d ) he has taken into consideration the need for conservation of any species of fish and has carried out such consultations in this regard as he considers necessary.
(4) Proposals referred to in subsection (3)(a ) above shall specify—
(a ) the limits of the waters to which they relate;
(b ) the extent to which, and the places with regard to which, it is proposed to grant leases or permits in respect of fishing for freshwater fish in those waters, and any terms and conditions (including charges) relating to such leases or permits;
(c ) any operations which it is proposed to carry out for the purpose of improving such fishing in those waters;
(d ) such matters as the Secretary of State may at any time in relation to the proposals direct;
and the person submitting such proposals to the Secretary of State may at any time withdraw them or, after consultation with him, modify them.
(5) In deciding for the purposes of subsection (3)(c ) above whether the terms and conditions referred to therein are reasonable, the Secretary of State may have regard to the circumstances in which fishing is made available in any waters other than those to which the proposals relate in respect of the following matters—
(a ) the amount of charges;
(b ) the permitted methods of fishing or tackle;
(c ) the maximum number of fish that may be caught;
(d ) the permitted maximum number of rods;
(e ) the permitted times of fishing;
(f ) the permitted minimum size of fish which may be taken;
(g ) the number of persons permitted to fish who are neither owners nor occupiers of a right of fishing for freshwater fish in those waters nor members of a club which is such an owner or occupier in those waters; and
(h ) any other matters which the Secretary of State considers relevant.
(6) The Secretary of State may at any time require an owner or occupier of a right of fishing for freshwater fish in a prescribed area to furnish him with information regarding the implementation in that area of proposals in so far as they relate to that right.
(7) A protection order may provide that it shall cease to have effect on a date specified therein; but if on that date the Secretary of State has received no complaints concerning the implementation of proposals, or if, in his opinion, the complaints received by him are insignificant or frivolous, he may make a protection order renewing that protection order without further procedure, except that paragraph 7 of Schedule 1 to this Act shall apply to such an order.
(8) Any person contravening a prohibition contained in a protection order shall be guilty of an offence and liable on summary conviction to a fine not exceeding 25 or, in the case of a second or subsequent conviction, not exceeding 50.
(9) Without prejudice to the operation of section 312(o ) of the Criminal Procedure (Scotland) Act 1975 , any person who attempts to commit or does any act preparatory to the commission of such an offence as is referred to in subsection (8) above shall be guilty of an offence and shall be punishable in like manner as for the said offence.
(10) A protection order shall be made by statutory instrument and may be varied or revoked by a subsequent order so made; and, subject to subsection (7) above, Schedule 1 to this Act shall have effect as to the procedure in the making, variation and revocation of a protection order.
(11) In subsections (1), (3)(c ), (6) and (7) above ‘proposals’ means proposals as originally submitted to the Secretary of State or, as the case may be, as modified under subsection (4) above.
2 Appointment of wardens to secure compliance with protection order.
(1) For the purpose of securing compliance with a protection order, the Secretary of State may appoint as wardens such persons as he thinks fit from among persons nominated to him by or on behalf of an owner of land to which a right of fishing for freshwater fish pertains or by or on behalf of an occupier of such a right in any inland waters in the prescribed area.
(2) A warden appointed under subsection (1) above or a constable may—
(a ) make enquiry as to the legal right or written permission of any person to fish for or take freshwater fish in any waters in the prescribed area where he has reasonable cause to suspect that that person has no such right or permit and may require that person to produce written evidence of such right or permission within 14 days;
(b ) if he has reasonable cause to suspect that a contravention of a prohibition contained in a protection order has taken place, within the prescribed area seize any instrument or article used or calculated to be of use in such contravention.
3 Powers of entry and obstruction of wardens etc.
(1) A warden shall have a right to enter any land—
(a ) in the vicinity of any waters in the prescribed area for the purpose of exercising any of the powers conferred on him by section 2(2) of this Act;
(b ) for the purpose of affixing or maintaining a copy of any order or notice which he is required to affix or maintain by any provision of Schedule 1 to this Act;
(c ) in the vicinity of any waters in the prescribed area and remain there during any period for the purpose of preventing a breach of a protection order or of detecting any person contravening a protection order; and no warden remaining on such land for such a purpose shall be deemed to be a trespasser on that land.
(2) Any person duly authorised in writing by the Secretary of State under the said...
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