Salmon Act 1986

• (4) Subject to the application of section 39(1) of the Salmon and Freshwater Fisheries Act 1975 (border rivers) in relation to section 32 of this Act and the enactments amended by sections 33 to 36 of this Act, sections 31 to 38 of this Act extend to England and Wales only.

• (5) Except as this Act otherwise provides, Parts I and II and section 42 of this Act extend to Scotland only.

SCHEDULE 1

Proposals for a designation order

1

The Secretary of State may make a designation order only on the application to him by—

• (a) a district salmon fishery board for a district which would be affected by the proposed order;

• (b) where there is no such board, two proprietors of salmon fisheries in the area which would be affected by the proposed order; or

• (c) any number of or combination of such boards or such proprietors in the area which would be affected by the proposed order

but the Secretary of State may act under this Schedule notwithstanding that the applicants do not represent the whole area which would be affected by the proposed order.

2

An application under paragraph 1 above shall be accompanied by the applicant’s written proposals which shall state—

• (a) the area which it is proposed should be designated as a salmon fishery district;

• (b) the salmon fishery district or districts which are, at the time of the application, contained wholly or partly within that area;

• (c) the reasons for the creation of the proposed salmon fishery district;

• (d) the proposed dates of the annual close time and the periods within which it shall be permitted to fish for and take salmon by rod and line in the proposed district; and

• (e) the general effect of the proposals.

Consultation and publication

3

On receiving an application under paragraph 1 above, the Secretary of State shall consult such persons as he considers appropriate and may—

• (a) request from the applicant such additional information as he thinks fit;

• (b) dismiss the application;

• (c) proceed in accordance with the remaining provisions of this Schedule.

4

• (1) Before making a designation order, the Secretary of State shall direct that notice of the general effect of the proposals shall be given, specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposals may be made.

• (2) Notice shall be given at least once in each of two successive weeks by advertising in a newspaper circulating in the district or districts affected by the proposals.

• (3) The cost of giving notice shall be met by the applicant under paragraph 1 above.

5

At any time, the Secretary of State may alter the proposals in such way as he thinks fit and shall consider whether such alterations are sufficient to require—

• (a) further consultation as mentioned in paragraph 3 above; and

• (b) further notice to be given under paragraph 4 above.

Making of order

6

If no representations or objections are duly made, or if all so made are withdrawn, the Secretary of State may make a designation order.

7

• (1) If any representation or objection duly made is not withdrawn, the Secretary of State may, after considering the same—

• (a) make a designation order;

• (b) dismiss the application; or

• (c) cause a local inquiry to be held.

• (2) The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

• (3) Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has duly made and has not withdrawn representations about or objections to the proposals, and shall be published at least once in each of two successive weeks in a newspaper circulating in the district or districts affected by the proposals.

• (4) The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

• (5) The Secretary of State may make orders as to the expenses incurred by him in relation to the inquiry (including such reasonable sum as he may determine for the services of the person appointed to hold the inquiry) and as to the expenses incurred by the parties to the inquiry and as to the parties by whom such expenses shall be paid.

• (6) Any order of the Secretary of State under sub-paragraph (5) above requiring any party to pay expenses may be enforced in like manner as a recorded decree arbitral.

8

After considering the report of the person appointed to hold the inquiry in pursuance of paragraph 7 above and any representations or objections which were duly made, the Secretary of State may make a designation order.

9

The power to make a designation order shall be exercisable by statutory instrument.

SCHEDULE 2

Part I — Meeting of Qualified Proprietors

Calling of meeting

1

• (1) Where there is no district salmon fishery board or transitional district board for a district, the sheriff shall, on the application of two qualified proprietors of salmon fisheries in the district,—

• (a) make up a roll of upper and lower proprietors in the district to which the application relates;

• (b) call a meeting of these proprietors, at such time and place as he may direct, for the purpose of forming an association of proprietors of salmon fisheries for that district and electing a committee to become the district salmon fishery board for that district; and

• (c) give notice at least once in each of two successive weeks by advertising in a newspaper circulating in the district of the date, time and place of that meeting.

• (2) Where proposals for a designation order have been considered by the Secretary of State, in accordance with Schedule 1 to this Act, and he considers that a designation order should be made—

• (a) the clerk or, acting jointly, the clerks to the district salmon fishery boards or transitional district boards for any district or districts which would be superseded by the proposed designation order shall perform, in respect of the proposed district, the duties specified in sub-paragraph (1) above; or

• (b) where there is no district salmon fishery board for any district which would be superseded by the proposed designation order, the sheriff shall perform the duties specified in sub-paragraph (1) above on the application of two proprietors of salmon fisheries in the proposed district

and the following provisions of this Schedule shall have effect in respect of the proposed district as if it had been designated.

• (3) Where the salmon fishery district lies in more than one sheriffdom, the sheriff in whose jurisdiction lies the major part of that district may, for the purposes of this Schedule, perform the duties specified in sub-paragraph (1) above in an adjacent sheriffdom.

• (4) The sheriff may recover from the committee formed in accordance with this Schedule all expenses incurred by him in the performance of his duties under this paragraph, whether or not that committee becomes a district salmon fishery board, but if it does become such a board, these expenses may be met out of the fishery assessment.

2

• (1) At a meeting of proprietors called—

• (a) by the sheriff under paragraph 1 above;

• (b) by the clerk to a board in accordance with section 18(1) of this Act; or

• (c) by the clerk to a transitional district board in accordance with paragraph 7(a) of Schedule 3 to this Act,

the proprietors present shall elect or, as the case may be, re-elect a committee to act on behalf of the association.

• (2) If—

• (a) the membership of that committee is in accordance with Part II of this Schedule; and

• (b) the requirements of this Part as respects eligibility are met

that committee shall be or continue to be the district salmon fishery board for that district.

• (3) Membership of such a committee, whether or not it is a district salmon fishery board, shall not affect eligibility for membership of any other such committee or board.

Election of members

3

• (1) In accordance with the following provisions of this Part of this Schedule, representatives of qualified proprietors shall be elected by–

• (a) the upper proprietors from amongst themselves; and

• (b) the lower proprietors from amongst themselves.

• (2) At least one representative shall be elected from amongst upper proprietors and at least one representative shall be elected from amongst lower proprietors but an election under this paragraph shall not be held invalid if either–

• (a) there is no upper or, as the case may be, lower proprietor; or

• (b) there is no upper or, as the case may be, lower proprietor willing to be elected.

• (2A) The total number of representatives of qualified proprietors elected shall be at least three.

• (3) A qualified proprietor shall have, in respect of each fishery he owns within the district, one vote in an election under this paragraph and shall have one additional vote for each £5,000 or part thereof by which the value of that fishery as entered in the valuation roll exceeds £5,000 but, subject to sub-paragraph (5) below, no proprietor shall have more than four votes in total as respects each fishery.

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

• (5) A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act shall count as both an upper and as a lower proprietor for the purposes of this paragraph and he may both vote and be elected in each capacity.

Balance between upper and lower proprietors

4

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

Co-optees

5

• (1) In the co-opting of representatives of salmon anglers and of tenant netsmen under Part II below, the number of representatives of salmon anglers and tenant netsmen together shall be less than the number of elected representatives of qualified proprietors.

• (2) A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act shall be counted in each capacity for the purposes of sub-paragraph (1) above.

• (3) A representative of salmon anglers shall be a person whom the board consider to be representative of persons angling for salmon in the district but who is not himself an upper proprietor in that district.

• (4) Before co-opting a person as a representative of salmon anglers, the board shall consult such organisations representing salmon anglers in the district as they think fit; but this requirement shall not apply to the filling of a vacancy in accordance with section 18(5) of this Act.

• (5) A representative of tenant netsmen shall be—

• (a) a tenant netsman in the district who is not a lower proprietor in that district;

• (b) a tenant netsman in the district who is a lower proprietor in that district if—

• (i) there are insufficient tenant netsmen who are qualified or willing to be co-opted and who are not also lower proprietors in that district; and

• (ii) he has not been elected to the board of that district as a representative of lower proprietors or as chairman; or

• (c) a lower proprietor in the district who is not a tenant netsman in that district if—

• (i) there are insufficient tenant netsmen qualified or willing to be co-opted, whether or not they are also lower proprietors in that district; and

• (ii) he has not been elected to the board of that district as a representative of lower proprietors or as chairman,

but a person shall not be disqualified under this sub-paragraph solely because he is an upper proprietor in that district or has been elected to the board of that district as a representative of upper proprietors.

Part II — Membership

6

• (1) The members of the committee shall be members of a district salmon fishery board if the committee consists of not less than three elected representatives of qualified proprietors in the district.

• (2) As soon after their election as is practicable the elected representatives of qualified proprietors shall, in accordance with the provisions of this Schedule co-opt representatives of salmon anglers and tenant netsmen in the district as required by section 16(2) of this Act.

• (2A) As soon after such co-option as is practicable, the elected representatives of qualified proprietors and the co-opted representatives shall elect, from among the representatives of qualified proprietors, a chairman.

• (3) The members of a district salmon fishery board shall be—

• (a) the persons mentioned in sub-paragraph (1) above;

• (aa) the chairman elected in accordance with sub-paragraph (2A) above;

• (b) at least one co-opted representative of salmon anglers in the district; and

• (c) at least one co-opted representative of tenant netsmen in the district

but a committee shall not fail to be a district salmon fishery board only by reason that no persons or not enough persons have been co-opted in accordance with this paragraph if—

• (i) there are no salmon anglers or no tenant netsmen in the district, or

• (ii) no persons or not enough persons are willing to be co-opted.

SCHEDULE 3

1

Subject to the provisions of this Schedule, a transitional district board within the meaning of section 14(8) of this Act shall be deemed to be a district salmon fishery board and have the powers and duties of such a board and references to a district salmon fishery board shall, unless the context otherwise requires, include references to a transitional district board.

2

• (1) Sections 16(2) and 18 of this Act shall not apply to a transitional district board, which may retain the membership which it had at the commencement of section 14 of this Act.

• (2) Subject to paragraph 3 below, vacancies on that board may be filled by the board by an upper or, as the case may be, lower proprietor within the meaning of this Act.

• (3) The chairman or a member of a transitional district board may authorise a person to act for him as chairman or as such a member.

3

The chairman of a transitional district board shall be the proprietor whose salmon fishery or, taken together, fisheries in that district has or have the greatest value entered in the valuation roll.

4

The clerk to a transitional district board shall prepare a new roll of upper and lower proprietors in that district in accordance with section 11 of this Act so as to include in the roll any proprietors who were not proprietors of salmon fisheries in that district immediately before the commencement of section 14 of this Act.

5

• (1) A transitional district board may continue to collect the whole or any outstanding part of the fishery assessment imposed under section 23 of the Salmon Fisheries (Scotland) Act 1862 from proprietors of fisheries on which that assessment had been imposed before the commencement of section 14 of this Act.

• (2) On the expiry of the period of the fishery assessment mentioned above, the board may levy a fishery assessment under section 15 of this Act but only in respect of fisheries in the district on which that assessment had been imposed before the commencement of section 14 of this Act.

• (3) The board may recover arrears of fishery assessment, whether due before or after the commencement of section 14 of this Act, by action for payment of money.

• (4) The power under subparagraph (3) above to recover arrears of fishery assessment includes power to recover interest, chargeable at such rate as the Secretary of State shall, with the consent of the Treasury, determine, on such arrears from—

• (a) in the case of recovery of arrears due before the date of the coming into force of section 14 of this Act which have been outstanding for at least three months from that date, that date; or

• (b) in the case of recovery of arrears due in respect of an assessment imposed by a transitional district board which have been outstanding for at least three months from the date of issue of a notice of assessment, that date

until payment or the commencement of an action for payment, whichever is the earlier.

6

A transitional district board shall cease to be deemed a district salmon fishery board and shall cease to have such powers and duties on the expiry of—

• (a) three years from the date of the last meeting of proprietors within the meaning of sections 18 or 24 of the Salmon Fisheries (Scotland) Act 1862 or section 3 of the Salmon Fisheries (Scotland) Act 1868; or

• (b) six months from the date of the commencement of section 14 of this Act,

whichever is later.

7

At any time within the periods specified in paragraph 6 above, the clerk to a transitional district board shall, on the instructions of the board,—

• (a) call a meeting of the upper and lower proprietors of the district, at such time and place as the board may direct, for the purpose of forming an association of proprietors of salmon fisheries for that district and electing a committee to become the district salmon fishery board for that district; and

• (b) give notice at least once in two successive weeks by advertising in a newspaper circulating in the district of the date, time and place of that meeting.

8

Notwithstanding paragraph 6 above, a transitional district board shall cease to be deemed a district salmon fishery board and shall cease to have the powers and duties of a transitional district board on the election in accordance with Schedule 2 to this Act of a committee of an association of proprietors within the meaning of section 14 of this Act.

9

The assets and liabilities of a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall be transferred to the transitional district board for that district and, likewise, the assets and liabilities of a transitional district board shall be transferred to the district salmon fishery board for that district whenever such a board is elected.

SCHEDULE 4

Salmon Fisheries (Scotland) Act 1868 (c. 123.)

1

After section 1 of the Salmon Fisheries (Scotland) Act 1868 there shall be inserted the following section—

(1A) In this Act, unless the context otherwise requires the expressions “board” or “district salmon fishery board”, “district” or “salmon fishery district”, “fishery”, “proprietor”, “salmon” and “river” shall have the meanings ascribed to them in section 40(1) of the Salmon Act 1986 (interpretation).

.

2

In section 11 of that Act (application to streams not frequented by salmon), for the words “mill dams” there shall be substituted the words “ dams, including mill dams ”.

3

• (1) In section 18 of that Act (offence of buying, selling, possessing etc. of salmon roe), the words from “uses” to “purposes, or” shall be omitted.

• (2) In section 19 (offences in relation to young salmon, salmon spawn, spawning beds etc.), the words from “for the purpose” in the second place where they occur to “purpose, or” shall be omitted.

• (3) In section 20 (offences in relation to unclean or unseasonable salmon), the words from “or to any person” onwards shall be omitted.

4

In the said section 19, for the word “wilfully” there shall be substituted the word “ knowingly ”.

5

In section 41 of that Act (extent), the words from “and Schedule G” to “Schedule” shall be omitted.

Diseases of Fish Act 1937 (c.33)

6

In subsection (3) of section 8 of the Diseases of Fish Act 1937 (penalties and legal proceedings) for the words after “be” there shall be substituted the words “ proceeded against and punished in Scotland ”.

Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26)

7

In section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (prohibition of poaching), for the words “low water mark” there shall be substituted the words “ mean low water springs ”.

8

Section 9 of that Act (saving for acts done for scientific and other purposes) shall be renumbered as subsection (1) of that section and—

• (a) in that subsection the words from “or”, or where fourthly occurring, onwards shall cease to have effect; and

• (b) after that subsection there shall be added the following subsection

(2) This section does not apply to an act relating to salmon.

.

9

In section 15(1)(c) of that Act (power of Secretary of State to conduct inquiries and to obtain information), the words from “so as to show” to the end of that subsection shall be omitted.

10

In section 19(2) of that Act (forfeitures) the words “on indictment” shall be omitted.

11

In section 22 of that Act (provisions as to River Tweed), for the reference to the Board of Commissioners of the River Tweed there shall be substituted a reference to the council constituted under section 6 of the Tweed Fisheries Act 1969.

12

In section 24 of that Act (interpretation), for the entries relating to “District” and “District Board” there shall be substituted the following entries—

“District” and “Salmon Fishery District” shall be deemed to include the River Tweed; “District Board” and “District Salmon Fishery Board” shall include the council constituted under section 6 of the Tweed Fisheries Act 1969;

.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

13

In section 39 of the Salmon and Freshwater Fisheries Act 1975 (Border rivers and Solway Firth), after subsection (4) there shall be added the following subsection—

(5) Nothing in this section shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act.

.

14

In section 43(3) of that Act (Scottish extent), for the words “and (4)” there shall be substituted the words “ (4) and (5) ”.

Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22)

15

• (1) In section 7(5) of the Freshwater and Salmon Fisheries (Scotland) Act 1976 (fish farmers to be exempted from certain offences)—

• (a) the word “4” shall be omitted; and

• (b) after the word “8” there shall be inserted the words “ , 8A ”.

• (2) In Part I of Schedule 3 to that Act (offences from which fish farmers are to be exempted)—

• (a) paragraph 4 shall be omitted; and

• (b) after paragraph 8 there shall be inserted the following paragraph—

(8A) In the Salmon Act 1986, regulations made under section 3(2)(a) or (d) (general regulations).

.

SCHEDULE 5

Designation orders.

Estuary limits.

10A

• (1) An application may be made by any person who may make an application in relation to an annual close time order under section 6(4) of this Act to the Scottish Ministers to make regulations under subsection (3) below.

• (2) An application under subsection (1) above shall be in writing and shall contain the applicant’s proposals, including—

• (a) a general description of the proposals;

• (b) a statement as to why the applicant considers that the proposals are necessary or expedient; and

• (c) a statement as to the general effect of the proposals.

• (3) The Scottish Ministers shall have power to make regulations—

• (a) on an application under subsection (1) above; or

• (b) otherwise,

if they consider that it is necessary or expedient to do so for the conservation of salmon.

• (4) For the purposes of subsection (3) above, regulations shall not be taken to be for something other than the conservation of salmon by reason only that they also have effect in relation to the management of salmon fisheries for exploitation.

• (5) In considering whether or not it is necessary or expedient to make regulations under subsection (3) above, the Scottish Ministers shall have regard to any representations made to them by any person having an interest in fishing for or taking salmon, or in the environment.

• (6) Regulations under this section may be made in relation only to salmon fisheries; and, subject to subsection (7)(b) below, such regulations shall not be made in respect of matters in relation to which the Scottish Ministers have power to make regulations or orders under any other provision of this Act or under any other enactment relating to the management of salmon or freshwater fisheries.

• (7) Without prejudice to the generality of the power conferred by subsection (3) above, regulations under this section may—

• (a) specify the type of information about any salmon fishery that a district salmon fishery board may require from the proprietor of the fishery and the time within which such information shall (if required) be supplied;

• (b) specify 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.

10B

• (1) Section 10(1)(d) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c.26) (powers of water bailiffs) and, in relation thereto, subsections (3) and (6) of that section shall apply to a water bailiff, a person appointed by the Scottish Ministers under subsection (5) of that section and any constable for the purposes of the enforcement of any provision of any regulations made under section 10A of this Act as they apply to a water bailiff for the purposes of that Act; and for this purpose the reference in the said section 10(1)(d) to forfeiture in pursuance of that Act shall be construed as a reference to forfeiture by virtue of section 10C of this Act.

• (2) Section 27 of the Salmon Fisheries (Scotland) Act 1868 (c.123) (constables or water bailiffs entering upon land) shall apply to a water bailiff and any constable for the purposes of the enforcement of any provision of any regulations made under section 10A of this Act as it applies to them for the purposes of the enforcement of the provisions of the said Act of 1951.

• (3) Regulations under section 10A of this Act may make provision in relation to a water bailiff, a person appointed by the Scottish Ministers under section 10(5) of the said Act of 1951 or any constable conferring on him such further powers of enforcement, in relation to the regulations, as the Scottish Ministers consider necessary or expedient for the conservation of salmon.

• (4) Section 11 of the said Act of 1951 (powers of entry and search) and, in relation thereto, section 10(3) and (6) of that Act shall apply to an offence against any provision of any regulations made under section 10A of this Act as they apply to an offence against any of the provisions of sections 3 and 4 of that Act; and for this purpose any reference in the said section 11 to an offence against any of the provisions of sections 3 and 4 of that Act shall be construed as a reference to an offence against any of the provisions of any regulations made under section 10A of this Act.

• (5) Section 12 of the said Act of 1951 (apprehension of offenders) and, in relation thereto, section 10(3) and (6) of that Act shall apply to an offence against any provision of any regulations made under section 10A of this Act as they apply to an offence against the provisions of Part I of that Act; and for this purpose any reference in the said section 12 to an offence against the provisions of Part I of that Act shall be construed as a reference to an offence against the provisions of any regulations made under section 10A of this Act.

10C

• (1) Any person who—

• (a) acts in contravention of; or

• (b) fails to take any action required of him by, or to comply with any requirement imposed on him by,

any provision of any regulations made under section 10A of this Act, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) Sections 7(3) (evidence), 19 (forfeiture) and 20 (disposal of seized fish) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c.26) shall apply in the case of a conviction under this section of this Act as they apply in the case of a conviction against Part I, section 7 or section 13, as the case may be, of that Act.

• (3) For the purpose of subsection (2) above—

• (a) the reference in the said section 7(3) to “this section” shall be construed as a reference to this section of this Act;

• (b) any reference in the said section 19 to an offence against Part I or section 13 of that Act shall be construed as a reference to an offence against any provision of any regulations made under section 10A of this Act; and

• (c) the reference in the said section 20 to “this Act” shall be construed as a reference to regulations made under section 10A of this Act.

10D

• (1) Regulations under section 10A of this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (2) Such regulations may make—

• (a) provision generally in relation to any district or river, or in relation to any time or season;

• (b) different provision for different districts or different parts of a district, or for different parts of a river, or for different cases or classes of case.

• (3) Paragraphs 3 to 8 of Schedule 1 to this Act shall apply to the making of regulations under section 10A(3)(a) of this Act as they apply to the making of a designation order and for this purpose—

• (a) 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 the said section 10A; and

• (b) references to a designation order shall be construed as references to the regulations.

• (4) Paragraphs 3 to 8 of Schedule 1 to this Act shall apply to the making of regulations under section 10A(3)(b) of this Act as they apply to the making of a designation order and for this purpose—

• (a) references to an applicant and to an application shall be omitted;

• (b) references to a designation order shall be construed as references to the regulations;

• (c) the reference in paragraph 3 to the persons who shall be consulted shall be construed as including, in particular, such district salmon fishery boards as the Scottish Ministers consider appropriate; and

• (d) paragraph 4(3) shall be omitted.

10E

Sections 10A to 10D of this Act shall apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland; and, for the purpose of section 10A(1) of this Act, section 6(4) of this Act shall be deemed to apply to the River Esk, its banks and tributary streams.

Unauthorised introduction of salmon or salmon eggs into certain waters.

Exemption from certain offences in respect of acts done for scientific etc. purposes.

Interpretation.

Editorial notes