Salmon Act 1986

Part I — Administration of Salmon Fisheries in Scotland

Salmon fishery districts

Salmon fishery districts

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• (1) A salmon fishery district shall be the area within the coastal limits of a district (within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868) and extending—

• (a) seaward for three miles from mean low water springs and

• (b) landward to include the catchment area of each river which flows directly or indirectly into the sea within these limits

but excluding any area designated as a salmon fishery district by an order made under subsection (2) below.

• (2) Notwithstanding subsection (1) above, the Secretary of State may, in accordance with section 2 of this Act, by order designate any area as a salmon fishery district, whether or not it includes all or part of a salmon fishery district—

• (a) established by subsection (1) above; or

• (b) already designated as such by an order made under this subsection;

and such an order is referred to in this Act as a “designation order”.

• (3) Districts within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall cease to exist and, subject to subsection (6) below—

• (a) any reference in any enactment to a particular district within that meaning shall be construed as a reference to the salmon fishery district established by subsection (1) above which has the same coastal limits as that district; and

• (b) for references in any enactment, excluding this Act, to such districts in general there shall be substituted references to salmon fishery districts

and a salmon fishery district which has the same coastal limits as a district within the meaning of these Acts shall have the same name as that district.

• (4) After consulting such persons as he thinks fit, the Secretary of State may, by order made by statutory instrument—

• (a) where an island or part of an island is not within the area of a salmon fishery district by virtue of subsections (1) or (2) above, include in the area of a salmon fishery district—

• (i) that island or that part; and

• (ii) the sea within three miles from mean low water springs on that island or that part;

• (b) where there is doubt as to whether a particular place is in a particular salmon fishery district, make provision for the purpose of removing that doubt; or

• (c) change a reference used in describing a salmon fishery district where the suitability of that reference for that purpose has lessened or ceased

but such an order shall not create a salmon fishery district.

• (5) The River Tweed shall not be a salmon fishery district except as otherwise provided in this Act.

• (6) References in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 and in any other enactment as amended by that Act to a district shall be construed as including references to the River Tweed.

Designation orders

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• (1) A designation order shall provide for the abolition of such salmon fishery districts as are superseded by the district so designated.

• (2) A designation order shall provide for the application to the district so designated of such regulations—

• (a) made under section 3 of this Act; or

• (b) made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862

as the Secretary of State specifies in the order and he may, in such an order, amend regulations made under section 3(2)(d) of this Act or under section 6(6) of that Act in their application under this subsection.

• (3) Subject to section 6(1) of this Act, a designation order shall specify for the district so designated the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line; and the order may make different provision for different parts of the district.

• (4) The power under section 1(2) of this Act to make a designation order shall not extend to the River Tweed.

• (5) Schedule 1 shall have effect as to the procedure in the making of a designation order.

• (6) The Secretary of State may by order vary the provisions of Schedule 1 to this Act.

• (7) An order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General regulation of salmon fisheries

Regulations

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• (1) Subject to subsection (4) below, regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 shall have effect in relation to a salmon fishery district as they had effect, immediately before the commencement of this section, in relation to the part of that salmon fishery district which was a district within the meaning of these Acts and which had the same coastal limits as that salmon fishery district.

• (2) The Secretary of State shall have power, after consulting such persons as he considers appropriate, to make regulations with respect to—

• (a) the due observance of the weekly close time;

• (b) the construction and use of cruives;

• (c) the construction and alteration of dams, including mill dams, or lades or water wheels so as to afford a reasonable means for the passage of salmon;

• (d) the meshes, materials and dimensions of nets used in fishing for or taking salmon;

• (e) obstructions in rivers or estuaries to the passage of salmon;

• (f) the construction, alteration and use for the control of the passage of salmon of—

• (i) screens in off-takes from inland waters; and

• (ii) structures associated with such screens.

• (3) The Secretary of State shall have power, after consulting such persons as he considers appropriate, to make regulations amending section 13 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (extent of the weekly close time and the period within which rod and line fishing is permitted); provided always that such regulations shall not shorten the periods specified in the said section 13.

• (4) The power to make regulations under subsection (2) above includes power to revoke any regulations as described in subsection (1) above; and such regulations shall be treated as revoked insofar as they are inconsistent with the provisions of regulations made under this section.

• (5) The power to make regulations under paragraphs (c) or (f) of subsection (2) above includes power to except from the application of a regulation or part of a regulation any works or any category of works; and section 11 of the Salmon Fisheries (Scotland) Act 1868 shall apply to regulations so made.

• (6) The power to make regulations under subsection (2)(d) above includes power—

• (a) to make different provision for different districts or different parts of a district;

• (b) to except from the application of a regulation or part of a regulation a district or part of a district specified in the regulations.

• (7) References in any enactment, other than in this Act or in section 36 of the Salmon Fisheries (Scotland) Act 1868, to—

• (a) byelaws or regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862; or

• (b) the provisions of any of the Schedules to that Act of 1868 relating to such matters

shall be construed as including references to regulations made under subsection (2) above.

• (8) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Private generating stations

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Enforcement of regulations

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• (1) In section 15 of the Salmon Fisheries (Scotland) Act 1868 (offences related to regulations)—

• (a) for the words from the beginning to “following offences” there shall be substituted the words “ Any person ”;

• (b) paragraph (7) shall be omitted; and

• (c) for the words from “shall for every such offence” to the end there shall be substituted the words “ shall be guilty of an offence; and section 19 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (forfeiture of fish, instruments, articles, vehicles or boats) shall apply in relation to persons convicted of an offence under this section as it applies to those convicted of an offence under Part I or section 13 of that Act ”.

• (2) Without prejudice to the generality of section 3(7) of this Act, in section 15 of that Act, “byelaw”—

• (a) in paragraph (8), shall include regulations made under section 3(2) of this Act and the offence specified in that paragraph shall, as respects such regulations, extend to so much of the River Tweed as is situated outwith Scotland; and

• (b) in paragraphs (2), (3) and (4), shall include such regulations except to the extent that they extend to the River Tweed.

Annual close time

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• (1) The annual close time for a salmon fishery district shall be a continuous period of not less than 168 days and shall apply to every mode of fishing for and taking salmon except to the extent that provision is made for periods within that time during which it is permitted to fish for and take salmon by rod and line.

• (2) Subject to subsection (3) below, the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line shall be, in the case of any particular district—

• (a) the dates and periods specified in the designation order made in respect of that district; or

• (b) where no designation order has been made in respect of that district, the dates and periods which were determined under section 6(5) of the Salmon Fisheries (Scotland) Act 1862, subject to any variation made under section 9 of the Salmon Fisheries (Scotland) Act 1868, which, immediately before the commencement of this section, were in force as respects the district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 which had the same coastal limits as that salmon fishery district.

• (3) Notwithstanding subsection (2) above, the Secretary of State may, subject to subsection (1) above, by order prescribe for any district the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line and he may make different provision for different parts of a district; and such an order is referred to in this Act as an “annual close time order”.

• (4) The Secretary of State may make an annual close time order in respect of a salmon fishery district only on application to him by—

• (a) the district salmon fishery board for that district; or

• (b) where there is no such board, two proprietors of salmon fisheries in that district.

• (5) An application under subsection (4) above shall be accompanied by the applicant’s written proposals which shall state—

• (a) the proposed dates of the anual close time and the periods within that time when it shall be permitted to fish for and take salmon by rod and line in the district; and

• (b) the general effect of the proposals

and the proposals may include different dates and periods for different parts of the district.

• (6) Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an annual close time order as they apply to the making of a designation order, and for this purpose—

• (a) references to a designation order shall be construed as references to an annual close time order; and

• (b) references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (4) above.

• (7) References in any enactment, other than in this Act, to—

• (a) regulations or byelaws made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(5) of the Salmon Fisheries (Scotland) Act 1862; or

• (b) the provisions of Schedule C to the Salmon Fisheries (Scotland) Act 1868 relating to such matters

shall be construed as including references to an annual close time order or to such part of a designation order as provides for the annual close time for a salmon fishery district.

Estuary limits

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• (1) Subject to subsection (2) below, the estuary limits of a river shall be the limits fixed by judicial decision or fixed and defined under section 6(1) of the Salmon Fisheries (Scotland) Act 1862.

• (2) Whether or not a river has estuary limits as described in subsection (1) above, the Secretary of State may, by order, prescribe limits or, as the case may be, different limits which shall be the estuary limits for that river; and such an order is referred to in this Act as an “estuary limits order”.

• (3) The Secretary of State may make an estuary limits order only on application to him by—

• (a) the district salmon fishery board for the district in which the river is situated; or

• (b) where there is no such board, two proprietors of salmon fisheries in that district.

• (4) An application under subsection (3) above shall be accompanied by the applicant’s written proposals which shall state—

• (a) the proposed estuary limits; and

• (b) the general effect of the proposals.

• (5) Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an estuary limits order as they apply to the making of a designation order, and for this purpose—

• (a) references to a designation order shall be construed as references to an estuary limits order; and

• (b) references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (3) above.

• (6) For the purposes of this section—

• “estuary limits” means limits which divide each river including its mouth or estuary from the sea; and

• “river” does not include the River Tweed.

• (7) References in any enactment, other than in this Act or in section 36 of the Salmon Fisheries (Scotland) Act 1868, to—

• (a) byelaws or regulations made under the Salmon Fisheries (Scotland) Act 1862 to 1868 as respects the matters specified in section 6(1) of the Salmon Fisheries (Scotland) Act 1862; or

• (b) the provisions of Schedule B to the Salmon Fisheries (Scotland) Act 1868 relating to such matters

shall be construed as including references to an estuary limits order.

Use of baits and lures

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• (1) The Secretary of State may, subject to the provisions of this section, make regulations specifying baits and lures for the purposes of the definition of “rod and line” in section 24 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

• (2) The Secretary of State may make regulations under this section only on—

• (a) application to him by a district salmon fishery board; or

• (b) a joint application to him by more than one such board,

and regulations made in respect of such application shall be made only in respect of the district of the applicant.

• (3) Regulations under this section shall specify, subject to such exceptions as may be provided therein, all or any, or a combination of, the following—

• (a) baits and lures or classes of baits and lures;

• (b) times when the regulations apply;

• (c) areas to which the regulations apply.

• (4) An application under subsection (2) above shall be accompanied by the applicant’s written proposals which shall state—

• (a) the baits and lures which it is proposed should be specified;

• (b) the places to which and the times during which the proposed regulations should apply; and

• (c) the reasons for the proposals.

• (5) Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of regulations under this section as they apply to the making of a designation order, and for this purpose—

• (a) references to a designation order shall be construed as references to regulations under this section; and

• (b) references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (2) above.

• (6) In section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, at the end of the definition of “rod and line” there shall be inserted the following— “and, in the case of fishing for salmon in an area to which and at a time during which regulations made under section 8 of the Salmon Act 1986 apply, is not specified in such regulations in respect of that area and time”.

Limits of the Solway Firth

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References in any enactment to the limits of the Solway Firth shall be construed as references to the limits which were fixed under section 6(2) of the Salmon Fisheries (Scotland) Act 1862.

Application of regulations and annual close time orders to the River Tweed

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• (1) The byelaw enacted by section 10 of the Salmon Fisheries (Scotland) Act 1868 as Schedule G to that Act, as amended by any other enactment, and so much of section 15 of that Act as relates thereto shall continue to have effect in relation to the River Tweed as it had effect before the commencement of this section.

• (2) Regulations made under section 3 of this Act shall have effect in relation to the River Tweed but the power to make regulations under subsection (2)(d) of that section includes power to except the River Tweed from the application of any such regulation.

• (3) Where such regulations have effect in relation to the River Tweed—

• (a) references to a salmon fishery district shall include references to the River Tweed; and

• (b) references to a district salmon fishery board shall include references to the River Tweed Council

unless the contrary intention appears.

• (4) Subsections (3), (4)(a), (5) and (6) of section 6 and section 8 of this Act shall have effect in relation to the River Tweed with the following modifications—