Sea Fisheries (Scotland) Amendment Act 1885
| Jurisdiction | UK Non-devolved |
Sea Fisheries (Scotland) Amendment Act, 1885
(48 & 49 Vict.) CHAPTER 70.
An Act to amend the Law relating to Scottish Sea Fisheries and for other purposes relating thereto.
[14th August 1885]
Whereas it is expedient to amend the Sea Fisheries Act, 1883, in so far as it applies to Scottish Sea Fisheries:
Be it therefore 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 Short title.
1. This Act may be cited as theSea Fisheries (Scotland) Amendment Act, 1885, and shall be read and construed along with the Sea Fisheries Act, 1883.
2 Application.
2. This Act shall apply only to Scotland, and to the parts of the sea adjoining Scotland.
3 Definition.
3. In this Act ‘Sea Fisheries Acts’ shall mean the Sea Fisheries Act, 1868, the Sea Fisheries Act, 1875, and the Sea Fisheries Act, 1883, and this Act.
4 Fishery Board may make byelaws prohibiting or regulating trawling within defined areas.
4. When the Fishery Board for Scotland, herein-after called the Fishery Board, are satisfied that any mode of fishing in any part of the sea adjoining Scotland, and within the exclusive fishery limits of the British Islands, is injurious to any kind of sea fishing within that part, or where it appears to the Fishery Board desirable to make experiments or observations with the view of ascertaining whether any particular mode of fishing is injurious, or for the purposes of fish culture or experiments in fish culture, the Fishery Board may make byelaws for restricting or prohibiting, either entirely or subject, to such regulations as may be provided by the byelaw, any method of fishing for sea fish within the said part, during such time or times as they think fit, and may from time to time make byelaws for altering or revoking any such byelaws.
A byelaw under this Act shall not be of any validity until it is confirmed by the Secretary for Scotland.
A byelaw shall not be confirmed until the expiration of one month after notice of the intention to apply for its confirmation has been given by the Fishery Board by advertisement in one or more newspapers circulating in the county or counties adjoining the part of the sea to which such byelaw applies.
The Secretary for Scotland shall allow any person to make a representation for his interest against the confirmation of any byelaw, on a notice of objection being given by such person to the Fishery Board within the said period of one month, and may, if he see fit, allow parties to be heard thereon.
Every byelaw when confirmed shall be published in the Edinburgh Gazette, and in such further mode as the Secretary for Scotland may direct.
A copy of the Edinburgh Gazette containing a byelaw shall be evidence in all legal proceedings until the contrary is proved of the due making, confirmation, and existence of such byelaw, without further or other proof.
Any person contravening a byelaw duly confirmed shall be guilty of an offence under the Sea Fisheries Act, 1883, and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and failing immediate payment of the fine to imprisonment for a period not exceeding sixty days, without prejudice to diligence by poinding or arrestment, if no imprisonment has followed on the conviction.
5 Steam trawlers fishing off Scotland to have letters and numbers painted on the quarter.
5. Every British sea-fishing boat propelled by steam, fishing in any part of the sea adjoining Scotland, shall, in addition to having the number and letters painted on the bow in manner provided by the Sea Fisheries Act, 1883, have the initial letter or letters of the port to which it belongs, and the registry number in the series of numbers for that port, painted in white oil-colour on a black ground, on the funnel twelve inches from the top, and on the quarter three or four inches below the gunwale, and so as to be clearly visible, of the dimensions prescribed for the letters and numbers on the bow by the regulations in force for the time being for the lettering, numbering, and registering of British sea-fishing boats under the Sea Fisheries Acts or any Act amending the same.
This section shall be enforced in the same manner as if it were contained in such regulations.
It shall be the duty of the Fishery Board to enforce the provisions of the Sea Fisheries Acts, and of any Orders in Council following thereon, with respect to the numbering and lettering of fishing boats by directing...
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