Salmon and Freshwater Fisheries Act 1975

Part I — Prohibition of Certain Modes of Taking or Destroying Fish, etc.

Repeals etc.

1

• (1) ... no person shall—

• (a) use any of the following instruments, that is to say—

• (i) a firearm within the meaning of the Firearms Act 1968;

• (ii) an otter lath or jack, wire or snare;

• (iii) a crossline or setline;

• (iv) a spear, gaff, tailer, stroke-haul, snatch or other like instrument;

• (v) a light;

for the purpose of taking or killing salmon, trout, eels, lampreys, smelt, shad, freshwater fish and any specified fish in any waters ;

• (b) have in his possession any instrument mentioned in paragraph (a) above intending to use it to take or kill any such fish in any waters ; or

• (c) throw or discharge any stone or other missile for the purpose of taking or killing, or facilitating the taking or killing of any such fish in any waters .

• (1A) In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

• (1B) The appropriate national authority may by order amend subsection (1)(a) above so as to—

• (a) add any instrument to it; or

• (b) remove any instrument for the time being specified in it.

• (2) If any person contravenes this section, he shall be guilty of an offence unless he proves to the satisfaction of the court that the act was done for the purpose of the preservation or development of a private fishery and with the previous permission in writing of the appropriate agency.

• (3) In this section—

• “crossline” means a fishing line reaching from bank to bank across water and having attached to it one or more lures or baited hooks;

• “otter lath or jack” includes any small boat or vessel, board, stick or other instrument, whether used with a hand line, or as auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise;

• “setline” means a fishing line left unattended in water and having attached to it one or more lures or baited hooks;

• “stroke-haul or snatch” includes any instrument or device, whether used with a rod and line or otherwise, for the purpose of foul hooking any fish.

• (3A) References in this section to any waters include waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Roe, spawning and unclean fish, etc.

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• (1) Subject to subsection (5) below, any person who, for the purpose of fishing for salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters —

• (a) uses any fish roe; or

• (b) buys, sells, or exposes for sale, or has in his possession any fish roe ,

shall be guilty of an offence.

• (2) Subject to subsections (3) , (3A) and (5) below, any person who—

• (a) knowingly takes, kills or injures, or attempts to take, kill or injure, any salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters which is unclean or immature; or

• (b) buys, sells, or exposes for sale, or has in his possession any such fish which is unclean or immature, or any part of any such fish,

shall be guilty of an offence.

• (3) Subsection (2) above does not apply to any person who takes a fish accidentally and returns it to the water with the least possible injury.

• (3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.

• (4) Subject to subsection (5) below, any person who, except in the exercise of a legal right to take materials from any waters, wilfully disturbs any spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence.

• (5) A person shall not be guilty of an offence under this section in respect of any act, if he does the act for the purpose of the artificial propagation of fish of any description or for some scientific purpose or for the purpose of the preservation or development of a private fishery and has obtained the previous permission in writing of the appropriate agency.

• (6) In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

• (7) Subsection (3A) of section 1 above applies for the purposes of this section.

Nets

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Power to specify fish

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• (1) ... any person who causes or knowingly permits to flow, or puts or knowingly permits to be put, into any waters containing fish or into any tributaries of waters containing fish, any liquid or solid matter to such an extent as to cause the waters to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish, shall be guilty of an offence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Proceedings under this section shall not be instituted except by the appropriate agency or by a person who has first obtained a certificate from the Minister that he has a material interest in the waters alleged to be affected.

Prohibition of use of explosives, poisons or electrical devices and of destruction of dams etc.

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• (1) Subject to subsections (2) and (2A) below, no person shall use in or near any waters (including waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured any explosive substance, any poison or other noxious substance, or any electrical device, with intent thereby to take or destroy fish.

• (2) Subsection (1) above 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 agency, for which that agency may charge a fee . . .;

. . .

• (2A) Subsection (1) above shall not apply to anything done pursuant to an authorisation granted by the appropriate agency under section 27A below.

• (3) No person shall, without lawful excuse, destroy or damage any dam, flood-gate or sluice with intent thereby to take or destroy fish.

• (4) A person who contravenes subsection (1) or (3) above or who, for the purpose of contravening subsection (1) above, has in his possession any explosive or noxious substance or any electrical device, shall be guilty of an offence.

• (5) The use of any substance in any waters for a purpose falling within paragraph (a) of subsection (2) above, and with the permission mentioned in paragraph (b) of that subsection, shall not constitute an offence under—

• (a) section 4 above;

• (b) any byelaws made under paragraph 31 of Schedule 3 below;

• (c) regulation 38(1) of the Environmental Permitting (England and Wales) Regulations 2016 ;

• (d) section 22(1)(a) of the Rivers (Prevention of Pollution) (Scotland) Act 1951.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Obstructions to Passage of Fish

Fixed engines

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Fishing weirs

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Fishing mill dams

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Duty to make and maintain fish passes

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• (1) Where in any waters frequented by salmon or migratory trout—

• (a) a new dam is constructed or an existing dam is raised or otherwise altered so as to create increased obstruction to the passage of salmon or migratory trout, or any other obstruction to the passage of salmon or migratory trout is created, increased or caused; or

• (b) a dam which from any cause has been destroyed or taken down to the extent of one-half of its length is rebuilt or reinstated,

the owner or occupier for the time being of the dam or obstruction shall, if so required by notice given by the appropriate agency and within such reasonable time as may be specified in the notice, make a fish pass for salmon or migratory trout of such form and dimensions as the appropriate agency may approve as part of the structure of, or in connection with, the dam or obstruction, and shall thereafter maintain it in an efficient state.

• (2) If any such owner or occupier fails to make such a fish pass, or to maintain such a fish pass in an efficient state, he shall be guilty of an offence.

• (3) The appropriate agency may cause to be done any work required by this section to be done, and for that purpose may enter on the dam or obstruction or any land adjoining it, and may recover the expenses of doing the work in a summary manner from any person in default.

• (4) Nothing in this section—

• (a) shall authorise the doing of anything that may injuriously affect any public waterworks or navigable river, canal, or inland navigation, or any dock, the supply of water to which is obtained from any navigable river, canal or inland navigation, under any Act of Parliament; or

• (b) shall prevent any person from removing a fish pass for the purpose of repairing or altering a dam or other obstruction, provided that the fish pass is restored to its former state of efficiency within a reasonable time; or

• (c) shall apply to any alteration of a dam or other obstruction, unless—

• (i) the alteration consists of a rebuilding or reinstatement of a dam or other obstruction destroyed or taken down to the extent of one-half of its length, or

• (ii) the dam or obstruction as altered causes more obstruction to the passage of salmon or migratory trout than was caused by it as lawfully constructed or maintained at any previous date.

Power of water authority to construct and alter fish passes

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• (1) The appropriate agency may, . . .construct and maintain in any dam or in connection with any dam a fish pass of such form and dimensions as it may determine, so long as no injury is done by such a fish pass to the milling power, or to the supply of water of or to any navigable river, canal or other inland navigation.

• (2) The appropriate agency may, . . .abolish or alter, or restore to its former state of efficiency, any existing fish pass or free gap, or substitute another fish pass or free gap, provided that no injury is done to the milling power, or to the supply of water of or to any navigable river, canal or other inland navigation.

• (3) If any person injures any such new or existing fish pass, he shall pay the expenses incurred by the appropriate agency in repairing the injury, and any such expenses may be recovered by the appropriate agency in a summary manner.

Minister's consents and approvals for fish passes

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• (1) Any approval given by the appropriate agency to or in relation to a fish pass may, if in giving it the appropriate agency indicates that fact, be provisional until the appropriate agency notifies the applicant for approval that the pass is functioning to its satisfaction.

• (1A) The applicant for any such approval—

• (a) shall be liable to meet any costs incurred (whether by him or by the appropriate agency or any other person) for the purposes of, or otherwise in connection with, the performance of the appropriate agency's function of determining for the purposes of subsection (1) above whether or not the fish pass in question is functioning to its satisfaction; and

• (b) shall provide the appropriate agency with such information or assistance as it may require for the purpose of performing that function.

• (2) While any such approval is provisional, the appropriate agency may, after giving the applicant not less than 90 days’ notice of its intention to do so, revoke the approval.

• (3) Where the appropriate agencyrevokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, it may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.

• (4) The appropriate agency may approve and certify any fish pass if it is of opinion that it is efficient in all respects and for all purposes, whether it was constructed under this Act or not.

• (5) Where a fish pass has received the approval of the appropriate agency, and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in this Act.

Penalty for injuring or obstructing fish pass or free gap

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• (1) If any person—

• (a) wilfully alters or injures a fish pass; or

• (b) does any act whereby salmon or trout are obstructed or liable to be obstructed in using a fish pass or whereby a fish pass is rendered less efficient; or

• (c) alters a dam or the bed or banks of the river so as to render a fish pass less efficient; or

• (d) uses any contrivance or does any act whereby salmon or trout are in any way liable to be scared, hindered or prevented from passing through a fish pass,

he shall be guilty of an offence, and shall also in every case pay any expenses which may be incurred in restoring the fish pass to its former state of efficiency; and any such expenses may be recovered in a summary manner.

• (2) The owner or occupier of a dam shall be deemed to have altered it if it is damaged, destroyed or allowed to fall into a state of disrepair, and if after notice is served on him by the appropriate agency he fails to repair or reconstruct it within a reasonable time so as to render the fish pass as efficient as before the damage or destruction.

• (3) If any person—

• (a) does any act for the purpose of preventing salmon or trout from passing through a fish pass, or takes, or attempts to take, any salmon or trout in its passage through a fish pass; or

• (b) places any obstruction, uses any contrivance or does any act whereby salmon or trout may be scared, deterred or in any way prevented from freely entering and passing up and down a free gap at all periods of the year,

he shall be guilty of an offence.

• (4) This section shall not apply to a temporary bridge or board used for crossing a free gap, and taken away immediately after the person using it has crossed.

Sluices

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• (1) Subject to subsection (3) below, unless permission in writing is granted by the appropriate agency, any sluices for drawing off the water which would otherwise flow over any dam in waters frequented by salmon or migratory trout shall be kept shut on Sundays and at all times when the water is not required for milling purposes, in such manner as to cause the water to flow through any fish pass in or connected with the dam or, if there is no such fish pass, over the dam.

• (2) If any person fails to comply with this section, he shall be guilty of an offence.

• (3) This section shall not prevent any person opening a sluice for the purpose of letting off water in cases of flood or for milling purposes or when necessary for the purpose of navigation or, subject to previous notice in writing being given by the appropriate authority, for cleaning or repairing the dam or mill or its appurtenances.

Gratings

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• (1) This section applies in any case where—

• (a) by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and

• (b) any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm;

and in this section “ the responsible person ” means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm.

• (2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the appropriate agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which—

• (a) subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and

• (b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel.

• (3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the appropriate agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which—

• (a) prevents salmon or migratory trout from entering the outfall; and

• (b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall.

• (4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection).

• (5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it.

• (6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal.

• (7) Any exemption under subsection (2) or (3) above may be granted subject to conditions.

• (8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence.