Herring Fisheries (Scotland) Act 1860
| Jurisdiction | UK Non-devolved |
| Citation | 1860 c. 92 |
| Year | 1860 |
(23 & 24 Vict.) C A P. XCII.
[13th August 1860]
'WHEREAS the following Acts were passed for the Encouragement and Regulation of the BritishWhite Herring Fishery; that is to say, the Acts Forty-eighthGeorge the Third, Chapter Onehundred and ten; Fifty-firstGeorge the Third, Chapter One hundred and one; Fifty-second Georgethe Third, Chapter one hundred and fifty-three; Fifty-fourth Georgethe Third, Chapter One hundred and two; Fifty-fifth Georgethe Third, Chapter Ninety-four; First Georgethe Fourth, Chapter One hundred and three; First and Second Georgethe Fourth, Chapter Seventy-nine; Fifth Georgethe Fourth, Chapter Sixty-four; Seventh Georgethe Fourth, Chapter Thirty-four; First Williamthe Fourth, Chapter Fifty-four; Sixth and Seventh Victoria, Chapter Seventy-nine; Tenth and Eleventh Victoria, Chapter Ninety-one; and Fourteenth and Fifteenth Victoria, Chapter Twenty-six: And whereas it is expedient that the recited Acts should be amended, and that further Provision should be made for carrying into effect the Purposes thereof:' 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:
I Short Title.
I. This Act may be cited for all Purposes as ‘TheHerring Fisheries (Scotland ) Act, 1860.’
II Interpretation of Terms.
II. The following Words in this Act shall have the several Meanings hereby assigned to them:
The Words ‘the Commissioners’ shall mean the Commissioners of theBritish White Herring Fishery:
The Word ‘Superintendent’ shall mean and include the Naval Superintendent appointed under the Authority of the recited Acts or any of them, and the Superintendent or Superintendents appointed under the Authority of this Act:
The Words ‘Officer of the Fishery’ shall mean an Officer of theBritish White Herring Fishery appointed under the Authority of the recited Acts or any of them, or this Act:
The Words ‘the Coasts ofScotland’ shall mean and include all Bays, Estuaries, Arms of the Sea, and all tidal Waters within the Distance of Three Miles from the Mainland or adjacent Islands.
III Commissioners may appoint Superintendents of theFishery.
III. The Commissioners may from Time to Time, subject to the Approval of the Commissioner of Her Majesty's Treasury, appoint any Person or Persons to be Superintendent or Superintendents of the Fishery; and every Superintendent so appointed shall have and be entitled to exercise all the Powers, Functions, and Privileges which can be exercised or are enjoyed under and in virtue of the recited Acts or any of them, or this Act, by the Naval Superintendent, or by the Officers of the Fishery appointed by the Commissioners of Her Majesty's Treasury, under the Authority of the Act Forty-eighthGeorge the Third, Chapter One hundred and ten, except the superintending of the curing of Herrings, and the branding of Barrels containing the same; and every Person who resists or obstructs any Superintendent in the Execution of the Duties of his Office shall be liable to a Penalty not exceeding Fifty Pounds, or, failing Payment thereof, to Imprisonment for any Period not exceeding Sixty Days.
IV Commissioners may fix Periods during which theHerring Fishing may not be carried on.
IV. It shall not be lawful to take or fish for Herrings or Herring Fry on the West Coasts ofScotland , between the Points of Ardnamurchan on the North and the Mull of Galloway on the South, at any Time between the First Day of January and the Thirty-first Day of May inclusive in any Year, nor between Cape Wrath on the North and the said Point of Ardnamurchan on the South at any Time between the First Day of January and the Twentieth Day of May inclusive in any Year, and the Commissioners may, on Application made to them, and after such Inquiry as they shall think necessary, by Regulations to be made by them from Time to Time, fix the Periods, if any, during which it shall not be lawful to take or fish for Herrings within any other Limits or Locality on the Coasts of Scotland; and every Person who takes or fishes for Herrings or Herring Fry in breach or contravention of the above Enactment or of any such Regulations shall be liable to a Penalty of not less than Five and not exceeding Twenty Pounds for every such Offence; and all Nets used for taking or fishing for Herrings in breach or contravention of the above Enactment or of any such Regulations may be seized by the Superintendent, or any Person acting under his Orders, or by any Officer of the Fishery, or by Order of any Sheriff, Justice of the Peace, or Magistrate having Jurisdiction under this Act, and shall be forfeited.
V Commissioners may make Regulations for the Managementand Protection of the Herring Fisheries, &c.
V. The Commissioners may from Time to Time make such Regulations as they think fit for the more effectual Government, Management, and Protection of the Herring Fisheries on the Coasts ofScotland ,and for the Preservation of order among the Persons engaged therein; and every Person who commits any Breach or Contravention of any such Regulations shall be liable to have his Boat detained by the Superintendent, or any Person acting under his Orders, or by any Officer of the Fishery, or by Order of any Sheriff, Justice, or Magistrate having Jurisdiction under this Act, and shall be liable to a Penalty of not less than Five and not exceeding Twenty Pounds for every such Offence.
VI Commissioners may prohibit the Use of Trawl, Beam,and Drag Nets;
VI. The Commissioners may, on Application made to them, and after such Inquiry as they shall think necessary, by Regulations to be made by them from Time to Time, prohibit on the Coasts ofScotland , and within such Limits and for such Periods as they may think fit, the Use of any Trawl, Drag, or Beam Net which, in the Opinion of the said Commissioners, is injurious to the Spawn of Herring, or otherwise to the Herring Fishery; and every Person who commits any Breach or Contravention of any such Regulations shall be liable to a Penalty of not less than Five and not exceeding Twenty Pounds for every such Offence: Provided, that this Provision shall not in any way affect any of the Prohibitions or Requirements of any of the recited Acts in so far as relates to fishing for Herrings.
VII and rescind Regulations, &c.
VII. The Commissioners may from Time to Time rescind, alter, or amend any Regulation or Regulations made by them under the Authority of this Act.
VIII Regulations to be approved by the Lords of theTreasury, and to be published.
VIII. All Regulations made by the Commissioners under the Authority of this Act shall, before taking effect, be submitted to and approved by the Commissioners of Her Majesty's Treasury, and shall thereafter be published by printed Copies thereof being posted up in conspicuous Positions near the Harbours or other Places frequented by Fishermen in the Districts or Places to which the Regulations shall apply, and by printed Copies thereof being deposited with every Officer of the Fishery in such Districts or Places, and in the Office of the Sheriff Clerk of the County, and also by Advertisement inserted in some Newspaper published or circulated in such Districts or Places, cither setting forth such Regulations in full, or intimating that such Regulations have been made and that Copies thereof are lodged with the Officers of the Fishery as aforesaid, all in such Manner as the Commissioners shall direct; and on such Regulations being so published it shall not be any Defence against Proceedings for the Enforcement of any Penalty or Forfeiture incurred by any Preach or Contravention thereof; that the Person charged with such Breach or Contravention was ignorant of such Regulations: Provided that such Regulations shall be so published at least Two Weeks before taking effect; and a printed Copy of any Regulation signed by the Secretary of the Commissioners for the Time being shall be Evidence of the Terms of such Regulation, and that the same has been duly published, reserving to any Person having Interest the Right to prove that the same was not so published.
IX Penalty under 14 & 15 Vict. c. 26. s. 6. declared.
IX. Every Person committing any Breach or Contravention of the Provisions of the Sixth Section of the Act Fourteenth and FifteenthVictoria , Chapter Twenty-six, shall for each Offence be liable to a Penalty of not less than Five and not exceeding Twenty Pounds for every such Offence, and every Net used in contravention of the said Act shall be forfeited.
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