Salmon and Freshwater Fisheries Act 1975

A justice of the peace shall not be disqualified from hearing any case under this Act by reason only of being a subscriber to any society for the protection of fish, but a justice shall not be entitled to hear any case in respect of an offence committed on his own land or in relation to any fishery of which he is owner or occupier.

5

The court by which a person is convicted of an offence against this Act may order the forfeiture of—

• (a) any fish illegally taken by him or in his possession at the time of the offence;

• (b) any instrument, bait or other thing used in the commission of the offence;

• (c) in the case of an offence of unlawful possession of any substance or device in contravention of section 5 above, that substance or device; and

• (d) on conviction on indictment, any vessel or vehicle used in or in connection with the commission of the offence or in which any substance or device unlawfully in his possession was contained at the time of the offence;

and may order any object so forfeited to be disposed of as the court thinks fit.

6

Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to the forfeiture of things seized under that Act) shall apply in relation to any vessel or vehicle liable to forfeiture under paragraph 5 above as it applies in relation to anything liable to forfeiture under that Act, but in its application in relation to any such vessel or vehicle shall have effect subject to the following modifications:—

• (a) paragraphs 1(2) and 5 shall be omitted;

• (b) for references to the appropriate agency; and

• (c) the court shall not condemn a vehicle or vessel as forfeited under paragraph 6 of that Schedule if satisfied by its owner that that offence was committed without his knowledge and that he could not have reasonably foreseen that it would be used as mentioned in paragraph 5(d) above;

and where notice of claim in respect of anything is duly given in accordance with paragraphs 3 and 4 of that Schedule, as applied by this paragraph, the court shall not exercise its power of ordering forfeiture of the vessel or vehicle under paragraph 5 above.

7

An authorised officer may seize any fish bought, sold or exposed for sale by, or in the possession for sale of, any person in contravention of this Act.

8

Where any fish or any other thing of a perishable nature is seized as liable to forfeiture under paragraph 5 above, the person by whom it is seized may sell it, and the net proceeds of sale shall be liable to forfeiture in the same manner as the fish or other thing sold, and if and so far as not forfeited shall be paid on demand to the owner; but no person shall be subject to any liability on account of his neglect or failure to exercise the powers conferred on him by this paragraph.

9

If a person is convicted of an offence against this Act and is subsequently convicted of any such offence, the court may order that any fishing or general licence or authorisation under section 27A above held by him shall be forfeited, and that he shall be disqualified from holding and obtaining a fishing or general licence or authorisation under section 27A above or for fishing in a water authority areafor having his name entered on a licence in pursuance of paragraph 9 to 14 of Schedule 2 to this Act or for fishing (either in a particular area or generally) by virtue of a fishing or general licence or authorisation under section 27A above for such period not exceeding one yearfive years as the court thinks fit.

10

A person who is prosecuted for an offence against this Act and who is the holder of a fishing or general licence or authorisation under section 27A above shall either—

• (a) serve it on the proper officer of the court in accordance with Criminal Procedure Rules not later than the day before the date appointed for the hearing, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) have it with him at the hearing;

and if he is convicted of the offence and the court makes an order under paragraph 9 above the court shall order the licence or authorisation under section 27A above to be surrendered to it; and if the offender has not served the licence or authorisation under section 27A above as aforesaid and does not surrender it as required then he shall be guilty of an offence and the licenceor authorisation under section 27A above shall be revoked from the time when its surrender was ordered.

11

Where a court orders a fishing or general licence or authorisation under section 27A above to be surrendered to it under paragraph 10 above, or where by an order of a court under paragraph 9 above a person is disqualified from holding or obtaining a licence or authorisation , the court shall—

• (a) send notice of the order to the appropriate agency, unless that agency prosecuted in the case;

• (b) if the licence or authorisation has been so surrendered, retain it and forward it to the appropriate agency, who may dispose of it as they think fit.

12

Where any person is convicted of an offence against this Act, the proper officer of the court before whom he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the appropriate agency.

13

A certificate under paragraph 12 above shall be receivable in evidence in all legal proceedings.

SCHEDULE 5

Prohibited implements.

37A

• (1) Where on any occasion a water bailiff or other officer of the appropriate agency finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, he may give to that person a notice (in this section referred to as a “ fixed penalty notice ”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

• (2) Where a person is given a fixed penalty notice in respect of a fixed penalty offence—

• (a) no proceedings shall be instituted for that offence before the expiration of the period for paying the fixed penalty; and

• (b) he shall not be convicted of that offence if the fixed penalty is paid before the expiration of that period.

• (3) The appropriate agency may extend the period for paying the fixed penalty in any particular case if it considers it appropriate to do so in all the circumstances of the case.

• (4) If, in any particular case, the appropriate agency considers that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom the fixed penalty notice was given a notice withdrawing the fixed penalty notice; and where notice under this subsection is given—

• (a) the appropriate agency shall repay any amount which has been paid by way of fixed penalty in pursuance of the fixed penalty notice; and

• (b) no proceedings shall be instituted or continued against that person for the offence in question.

• (5) The amount by which the sums received by the Agency by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Consolidated Fund.

• (5A) The amount by which the sums received by the Natural Resources Body for Wales by way of fixed penalties exceed the sums repaid by it under subsection (4)(a) above shall be paid into the Welsh Consolidated Fund.

• (6) In any proceedings, a certificate purporting to be signed by or on behalf of the Chief Executive of the appropriate agency and stating either—

• (a) that payment of a fixed penalty was, or (as the case may be) was not, received by the appropriate agency on or before a date specified in the certificate, or

• (b) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

shall be received as evidence of the matters so stated and shall be treated, without further proof, as being so signed unless the contrary is shown.

• (7) A fixed penalty notice shall give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and shall state—

• (a) the monetary amount of the fixed penalty which may be paid;

• (b) the person to whom and the address at which—

• (i) the fixed penalty may be paid, and

• (ii) any correspondence relating to the fixed penalty notice may be sent;

• (c) the method or methods by which payment of the fixed penalty may be made;

• (d) the period for paying the fixed penalty;

• (e) the consequences of the fixed penalty not being paid before the expiration of that period.

• (8) A fixed penalty notice may also contain such other information relating to, or for the purpose of facilitating, the administration of the fixed penalty system as the appropriate agency considers necessary or desirable.

• (9) Regulations may—

• (a) make provision with respect to the giving of fixed penalty notices, including, in particular, provision with respect to—

• (i) the methods by which,

• (ii) the officers, servants or agents by, to or on whom, and

• (iii) the places at which,

fixed penalty notices may be given by, or served on behalf of, a water bailiff or other officer of the appropriate agency;

• (b) prescribe the method or methods by which fixed penalties may be paid;

• (c) make provision for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given.

• (10) In this section—

• “ fixed penalty ” means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);

• “ fixed penalty offence ” means, subject to subsection (11) below, any offence— under this Act,under the Salmon Act 1986,under or by virtue of regulations or orders made under section 115, 116 or 142 of the Water Resources Act 1991, orunder section 211(3) of that Act, so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25 to that Act,which is for the time being prescribed for the purpose;

• “ the fixed penalty system ” means the system implementing this section and regulations made under it;

• “ the Ministers ” means the Secretary of State and the Minister;

• “ notice ” means notice in writing;

• “ the period for paying ”, in relation to any fixed penalty, means such period as may be prescribed for the purpose;

• “ prescribed ” means prescribed by regulations;

• “ regulations ” means regulations made under this section by the Ministers.

• (11) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence—

• (a) only if it is committed in such circumstances or manner as may be prescribed; or

• (b) except if it is committed in such circumstances or manner as may be prescribed.

• (12) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.

• (13) An offence which, in consequence of regulations made by virtue of subsection (12) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.

• (14) Regulations may—

• (a) make different provision in relation to different cases or classes of case; or

• (b) provide for such exceptions, limitations and conditions, or make such incidental, supplemental, consequential or transitional provision, as the Ministers consider necessary or expedient.

• (15) Any power to make regulations under this section shall be exercisable by statutory instrument made by the Ministers; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.

Repeals etc.

6

No duty fixed under the foregoing provisions of this Schedule shall take effect until the beginning of the year following that in which it is fixed or, in the case of a duty required to be approved by the Minister, in which it is approved by him.

6

Where the fixing or alteration of any duty takes effect under this Schedule at any time, no alteration or, as the case may be, further alteration of that duty shall so take effect within the period of twelve months beginning with that time.

9

A person shall be treated for the purposes of section 25(3) above as the duly authorised servant or agent of the holder of a licence to use an instrument of any description only in the following cases—

• (a) in an area in which there is in force an order under section 26 above limiting the number of licences for fishing with instruments of that description, if his name and address are entered on the licence in accordance with the following provisions of this Schedule and he is not the holder of another licence to use an instrument of that description in that area;

• (b) in any other area, if his name and address are so entered or when using the instrument to which the licence relates he is accompanied by the licensee; or

• (c) in the case of any area, if the water authority direct that owing to special circumstances he is to be so treated.

9

• (1) A person who uses any licensable means of fishing for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing by that means is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use that means of fishing unless, at the time that person uses that means of fishing —

• (a) his name and address are entered on the licence in accordance with the following provisions of this Schedule; and

• (b) he is not himself the holder of a licence to use that means of fishing in that area; and

• (c) he is accompanied by the licensee or has the consent of the appropriate agency to his use of that means of fishing in the absence of the licensee.

• (2) A person who uses any licensable means of fishing for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use that means of fishing unless, at the time that person uses that means of fishing —

• (a) his name and address are entered on the licence in accordance with the following provisions of this Schedule; or

• (b) he is accompanied by the licensee; or

• (c) he has the consent of the appropriate agency to his use of that means of fishing otherwise than where there is compliance with paragraph (a) or (b) above.

• (3) The consent of the appropriate agency shall not be given under this paragraph except—

• (a) in the case of a consent for the purposes of subparagraph (1)(c) above, in relation to a period which appears to the appropriate agency to be a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;

• (b) in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent appears to the appropriate agency to be required by the special circumstances of the case.

21A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In paragraphs 10 and 12 above “ proper officer ” means—

• (a) in relation to a magistrates’ court, the designated officer for the court; and

• (b) in relation to the Crown Court, the appropriate officer.

Editorial notes