|
| |
|
| |
(1) | In section 25 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (licences |
| |
to fish), for subsection (1) substitute— |
| |
“(1) | The Agency shall by means of a system of licensing regulate fishing by |
| |
licensable means of fishing for— |
| 5 |
(a) | salmon, trout, eels, lampreys, smelt and freshwater fish; and |
| |
(b) | fish of such other description as may be specified for the |
| |
purposes of this section by order under section 40A below. |
| |
(1A) | In this Act “licensable means of fishing” means any of the following— |
| |
| 10 |
(b) | an historic installation; |
| |
(c) | such other means of fishing as the appropriate national |
| |
authority may by order specify. |
| |
(1B) | In this Act “historic installation” means any of the following— |
| |
(a) | a fixed engine certified in pursuance of the Salmon Fishery Act |
| 15 |
1865 to be a privileged fixed engine; |
| |
(b) | a fixed engine which was in use for taking salmon or migratory |
| |
trout during the open season of 1861, in pursuance of an ancient |
| |
right or mode of fishing as lawfully exercised during that open |
| |
season, by virtue of any grant or charter or immemorial usage; |
| 20 |
(c) | a fishing weir or fishing mill dam which was lawfully in use on |
| |
6th August 1861 by virtue of a grant or charter or immemorial |
| |
| |
(2) | In that section, in subsection (2), after “area or areas” insert “(or in waters of |
| |
such description or descriptions)”. |
| 25 |
(3) | In that section, in subsection (4), the words from “gaff” to “tailer or” are |
| |
| |
(4) | In that section, subsections (5) and (6) are omitted. |
| |
(5) | In that section, at the end insert— |
| |
“(10) | For the purposes of this Part, the Agency may permit a person to take |
| 30 |
fish of any description in circumstances where he would for those |
| |
purposes otherwise require a fishing licence. |
| |
(11) | Permission under subsection (10) above— |
| |
| |
(b) | may be given generally or specifically; |
| 35 |
(c) | may be given subject to conditions.” |
| |
(6) | In Schedule 2 to that Act (licences)— |
| |
(a) | in paragraph 11, the words from “together” to the end are omitted; |
| |
(b) | paragraph 12 is omitted. |
| |
|
| |
|
| |
|
(7) | In that Schedule, after paragraph 14 insert— |
| |
| |
14A (1) | Where a fishing licence is granted in respect of an historic |
| |
installation, the Agency may at any time, subject to this paragraph, |
| |
impose conditions on its use pursuant to the licence. |
| 5 |
(2) | Conditions under sub-paragraph (1) above are to be imposed by |
| |
notice in writing to the person holding the licence. |
| |
(3) | A notice under sub-paragraph (1) above may be varied or revoked by |
| |
| |
(4) | The Agency may only impose conditions under sub-paragraph (1) |
| 10 |
above where it considers that it is necessary to do so for the |
| |
protection of any fishery.” |
| |
208 | Limitation of licences |
| |
(1) | Section 26 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (limitation |
| |
of fishing licences) is amended as follows. |
| 15 |
| |
(a) | at the beginning insert “Subject to this section”; |
| |
(b) | in paragraph (a), for the words from “to be issued” to “rod and line” |
| |
substitute “of any description to be issued pursuant to section 25 above |
| |
in any year in relation to that area or those areas”. |
| 20 |
(3) | After that subsection insert— |
| |
“(1A) | The Agency may only make an order under subsection (1) above in |
| |
relation to licences for fishing for fish of any description if it is satisfied |
| |
that it is necessary to do so for the purposes of— |
| |
(a) | maintaining, improving or developing fisheries of any fish |
| 25 |
referred to in section 25(1) above, or |
| |
(b) | protecting the marine or aquatic environment from significant |
| |
| |
(1B) | The Agency may not make an order under subsection (1) above in |
| |
relation to licences for fishing for fish by— |
| 30 |
| |
(b) | an historic installation.” |
| |
(4) | In subsection (3), for “shall cause” substitute “may cause”. |
| |
(5) | For subsections (4) and (5) substitute— |
| |
“(4) | If it appears to the Agency that an order under this section would |
| 35 |
prevent a person from fishing in circumstances where that person is |
| |
wholly dependent on the fishing for his livelihood, the Agency may |
| |
pay that person such amount by way of compensation as it considers |
| |
| |
|
| |
|
| |
|
209 | Authorisation to fish |
| |
(1) | In the Salmon and Freshwater Fisheries Act 1975 (c. 51), in the heading to Part |
| |
4, after “Fishing licences” insert “and authorisations”. |
| |
(2) | After section 27 of that Act insert— |
| |
“27A | Authorisation of fishing otherwise than by licensable means |
| 5 |
(1) | The Agency may authorise a person to use any means, other than a |
| |
licensable means of fishing, to fish for— |
| |
(a) | salmon, trout, eels, lampreys, smelt and freshwater fish; and |
| |
(b) | fish of such other description as may be specified for the |
| |
purposes of this section by order under section 40A below. |
| 10 |
(2) | An application for an authorisation under this section must be in such |
| |
form as the Agency may specify. |
| |
(3) | An authorisation under this section must be in writing, but subject to |
| |
that may be in such form as the Agency may determine. |
| |
(4) | An authorisation under this section— |
| 15 |
(a) | must be granted for a specified period of time; |
| |
(b) | may be granted to more than one person; |
| |
(c) | may be limited as to the waters in respect of which it is granted; |
| |
(d) | may be subject to conditions. |
| |
(5) | The Agency may at any time, on application or on its own initiative— |
| 20 |
(a) | amend an authorisation under this section; |
| |
(b) | revoke an authorisation under this section. |
| |
(6) | In determining whether to grant, amend or revoke an authorisation the |
| |
Agency must consider the effect of doing so on— |
| |
(a) | fisheries in the area to which the authorisation relates; and |
| 25 |
(b) | the aquatic or marine environment in that area. |
| |
(7) | An authorisation under this section granted to a body corporate— |
| |
(a) | may, if the authorisation so specifies, apply in relation to any |
| |
individual acting on behalf of that body (as well as to the body |
| |
| 30 |
(b) | may, if the authorisation so specifies, apply only in relation to |
| |
individuals named in the authorisation when acting on behalf |
| |
of the body (as well as to the body corporate). |
| |
(8) | The Agency may charge a fee for the grant of an authorisation under |
| |
| 35 |
(9) | Where the Agency determines standard fees for the grant of |
| |
authorisations of particular descriptions, it must publish them. |
| |
| |
(a) | the Agency has determined a standard fee for the grant of an |
| |
authorisation of a particular description, but |
| 40 |
(b) | the Agency considers, in any case, that special circumstances |
| |
apply to the grant of an authorisation of that description, |
| |
| it may charge a fee of another amount. |
| |
|
| |
|
| |
|
27B | Unauthorised fishing etc |
| |
(1) | A person is guilty of an offence if, by any means other than a licensable |
| |
means of fishing, he fishes for or takes any fish in circumstances |
| |
| |
(a) | the fishing or taking may be authorised under section 27A |
| 5 |
| |
(b) | he is not authorised to fish for or take the fish under that section |
| |
(or is so authorised but the fishing or taking is in breach of any |
| |
condition of his authorisation). |
| |
(2) | A person is guilty of an offence if he has an instrument in his |
| 10 |
possession, other than an instrument which is a licensable means of |
| |
fishing, with intent to use it to fish for or take fish in circumstances |
| |
| |
(a) | the fishing or taking may be authorised under section 27A |
| |
| 15 |
(b) | he is not authorised to fish for or take the fish under that section |
| |
(or is so authorised but the fishing or taking would be in breach |
| |
of any condition of an authorisation under that section).” |
| |
(3) | In Schedule 4 to that Act (offences), in the table in paragraph 1(2), at the end |
| |
| 20 |
|
| |
(1) | Part 5 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (administration |
| |
and enforcement) is amended as follows. |
| |
(2) | In section 31 (powers of search), in subsection (1)— |
| |
(a) | in paragraph (b), the words “in contravention of this Act” are omitted; |
| 30 |
(b) | in paragraph (c)(i), the words “which has been caught in contravention |
| |
of this Act” are omitted; |
| |
(c) | in paragraph (d) after “fish” insert “(or a sample of any fish)”; |
| |
(d) | after paragraph (d) insert— |
| |
“(e) | may disable or destroy any dam, fishing weir, fishing |
| 35 |
mill dam or fixed engine which he has reasonable cause |
| |
to suspect of having operated or been used, or of being |
| |
likely to be used, in contravention of this Act.” |
| |
(3) | In section 32 (power to enter lands), subsection (1)(ii) and the preceding “or” |
| |
| 40 |
(4) | In section 33 (orders and warrants to enter suspected premises), in subsection |
| |
(2), for the words from “seize” to the end substitute— |
| |
“(a) | seize any illegal net or other instrument, or any net or other |
| |
instrument suspected to have been illegally used, that may be |
| |
| 45 |
|
| |
|
| |
|
(b) | seize any fish suspected to have been illegally taken or sold that |
| |
may be found on the premises, or |
| |
(c) | disable or destroy any dam, fishing weir, fishing mill dam or |
| |
fixed engine suspected to have operated or been used illegally |
| |
that may be found on the premises.” |
| 5 |
(5) | In that section, in subsection (3), for “one week” substitute “three months”. |
| |
(6) | In section 34 (power to apprehend persons fishing illegally etc)— |
| |
(a) | in the heading, the words “at night” are omitted; |
| |
(b) | the words from “between the end” to “following morning” are omitted. |
| |
(7) | In section 35 (power to require production of fishing licences), in subsection |
| 10 |
| |
(a) | for “being about to” substitute “intending to”; |
| |
(b) | for “to have within the preceding half hour” substitute “of having |
| |
| |
(c) | after “in any area,” insert “in circumstances where the fishing would |
| 15 |
require a licence or authorisation under this Act or a licence under |
| |
section 16 of the Wildlife and Countryside Act 1981,”. |
| |
(8) | In that section, subsection (2) is omitted. |
| |
(9) | In Schedule 4 (offences), in paragraph 1(2), in the fourth column of the table, in |
| |
the entry relating to section 5(1), for “The prescribed sum” substitute “£50,000”. |
| 20 |
211 | Power to specify fish |
| |
(1) | After section 40 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) |
| |
| |
“40A | Power to specify fish |
| |
The appropriate national authority may by order specify fish of any |
| 25 |
description for the purposes of any or all of the following— |
| |
(a) | section 1, 2, 25 or 27A above; |
| |
(b) | section 32 of the Salmon Act 1986; |
| |
(c) | paragraph 6 of Schedule 25 to the Water Resources Act 1991; |
| |
(d) | section 6(6) of the Environment Act 1995.” |
| 30 |
(2) | In section 41 of that Act (interpretation), in subsection (1), after the definition |
| |
| |
““the appropriate national authority” means— |
| |
(a) | the Secretary of State, except in relation to Wales (within |
| |
the meaning of the Government of Wales Act 2006); |
| 35 |
(b) | in relation to Wales (within that meaning), the Welsh |
| |
| |
212 | Order-making powers: supplementary |
| |
After section 40A of the Salmon and Freshwater Fisheries Act 1975 (as inserted |
| |
|
| |
|
| |
|
by section 211 above) insert— |
| |
“40B | Orders: supplementary |
| |
(1) | An order under section 1, 25 or 40A above may make different |
| |
provision for different purposes (and, in particular, different provision |
| |
in relation to different areas or waters). |
| 5 |
(2) | Such an order is to be made by statutory instrument. |
| |
(3) | A statutory instrument containing such an order is subject to |
| |
annulment in pursuance of a resolution of— |
| |
(a) | either House of Parliament, in the case of an order made by the |
| |
| 10 |
(b) | the National Assembly for Wales, in the case of an order made |
| |
| |
213 | Definitions relating to fish |
| |
(1) | In section 41 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) |
| |
(interpretation), subsection (1) is amended as follows. |
| 15 |
(2) | For the definition of “eels” substitute— |
| |
““eels” means any fish of the species Anguilla anguilla, and |
| |
includes elvers and the fry of eels;”. |
| |
(3) | After that definition insert— |
| |
““fish” includes crustaceans and molluscs;”. |
| 20 |
(4) | After the definition of “foreshore” insert— |
| |
““freshwater crayfish” means any freshwater decapod crustacean |
| |
of the Families Astacidae, Cambaridae or Parastacidae;”. |
| |
(5) | For the definition of “freshwater fish” substitute— |
| |
““freshwater fish” means any fish habitually living in fresh water, |
| 25 |
| |
(a) | salmon, trout, eels, lampreys, smelt and any other fish of |
| |
a kind which migrates from fresh to salt water, or from |
| |
salt to fresh water, in order to spawn; |
| |
(b) | any kind of crustacean other than freshwater crayfish |
| 30 |
and Chinese mitten crabs (Eriocheir sinensis); and |
| |
(c) | any kind of mollusc.” |
| |
| |
214 | Power to make byelaws |
| |
(1) | In Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw-making powers |
| 35 |
of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is |
| |
| |
(2) | In sub-paragraph (1), in paragraph (b), for the words from “salmon fisheries” |
| |
to the end substitute “fisheries of fish to which this paragraph applies.” |
| |
|
| |
|
| |
|
(3) | After that sub-paragraph insert— |
| |
“(1A) | This paragraph applies to— |
| |
(a) | salmon, trout, eels, lampreys, smelt, shad and freshwater |
| |
| |
(b) | fish of such other description as may be specified for the |
| 5 |
purposes of this paragraph by order under section 40A of the |
| |
Salmon and Freshwater Fisheries Act 1975.” |
| |
(4) | In sub-paragraph (2), after paragraph (a) insert— |
| |
“(aa) | specifying close seasons or times for the taking |
| |
of any fish to which this paragraph applies by |
| 10 |
such means as may be prescribed by the |
| |
| |
(5) | In that sub-paragraph, in paragraph (b)(i), after “size” insert “greater or”. |
| |
(6) | In that sub-paragraph, in paragraph (e) at the end insert “(including requiring |
| |
fixed engines during close seasons or times to be removed or made incapable |
| 15 |
of taking or obstructing the passage of fish)”. |
| |
(7) | Sub-paragraph (3) is omitted. |
| |
(8) | Sub-paragraph (4) is omitted. |
| |
(9) | After sub-paragraph (5) insert— |
| |
“(5A) | A byelaw under this paragraph does not apply to a person (including |
| 20 |
an employee or agent of the Agency) to the extent that he is acting— |
| |
(a) | with the written authority of the Agency; and |
| |
(b) | in accordance with any conditions imposed by the Agency in |
| |
relation to that authority. |
| |
(5B) | For the avoidance of doubt, a byelaw under this paragraph may |
| 25 |
apply to an historic installation as to any other fixed engine.” |
| |
(10) | Any byelaw made by the Environment Agency under paragraph 6(3) of that |
| |
Schedule and in force immediately before the coming into force of subsection |
| |
(7) above shall in relation to any period after the coming into force of that |
| |
subsection be regarded as having been made under paragraph 6(2) of that |
| 30 |
Schedule, as amended by this section. |
| |
215 | Byelaws: emergency procedures |
| |
(1) | In the Water Resources Act 1991 (c. 57), in section 210 (byelaw-making powers |
| |
of the Agency) at the end insert— |
| |
“(3) | Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.” |
| 35 |
|
| |
|