Salmon and Freshwater Fisheries Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. 68 |
| Year | 1965 |
Salmon and FreshwaterFisheries Act 1965
1965 CHAPTER 68
An Act to repeal and re-enact with amendments section 9 of the Salmon and Freshwater Fisheries Act 1923.
[5th August 1965]
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 Replacement of s. 9 of Act of 1923.
1. Section 9 of the Salmon and Freshwater Fisheries Act 1923shall be repealed and replaced by the following section:—
9 ‘Prohibition of use of explosives, poisons or electrical devices and of destruction of dams, &c.
(1) No person shall use in or near any waters (including waters adjoining the coast of England and Wales and within the exclusive fishery limits of the British Islands) any explosive substance, any poison or other noxious substance, or any electrical device, with intent thereby to take or destroy fish:
Provided that this subsection shall not apply to the use by a person of any substance or device—
(a ) for a scientific purpose, or for the purpose of protecting, improving or replacing stocks of fish; and
(b ) with the permission in writing of the appropriate authority;
and for this purpose the appropriate authority where the waters in question are in the area of a river authority (including the Isle of Wight River and Water Authority) is that river authority, or where they are in the area of the Conservators of the River Thames or the Lee Conservancy Catchment Board is the said Conservators or Board as the case may be, or where they are in the London excluded area (within the meaning of section 125 of the Water Resources Act 1963 ) is the Minister; but as respects the use of any noxious substance such permission shall not be given by a river authority or the said Conservators or Board otherwise than with the approval of the Minister.
(2) No person shall unlawfully or maliciously cut through, break down or otherwise destroy any dam, floodgate or sluice with intent thereby to take or destroy fish.
(3) A person who contravenes subsection (1) or (2) of this section or who, for the purpose of contravening the said subsection (1), has in his possession any explosive or noxious substance or any electrical device, shall be guilty of an offence and shall be...
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