(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, or
under 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.
(1) Any works proposed to be constructed under this Act on, over or under tidal lands below high-water mark of ordinary spring tides shall be constructed only in accordance with such plans and sections and subject to such restrictions and regulations as the Secretary of State approves in writing before they are commenced.
(2) Any alteration or extension of any such works shall be subject to the like approval.
(3) If any such work is commenced or completed contrary to this section, the Secretary of State may abate and remove it and restore its site to its former condition at the cost of the person who commenced or executed it, or (if he is not the owner of the work) of the owner, and the cost shall be summarily recoverable by the Secretary of State.
(4) This section is in addition to and not in derogation of any local Act.
(1) This Act—
(a) does not apply to the River Tweed, but
(b) except where otherwise indicated,applies to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,
and in this subsection “the River Tweed” means the Tweed district (as defined in article2(1) of the Scotland Act 1998 (River Tweed) Order 2006 ( S.I. 2006/2913 )).
(1A) In the application of this Act, under subsection (1)( b ) above, to the River Esk in Scotland, references to this Act in sections 31 to 33 and section 36 shall be construed as including references to sections 1, 3 and 18 to 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 as applied to that River by section 21 of that Act.
(1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence—
(a) against this Act;
(b) against section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or
(c) which is deemed to be an offence under this Act by virtue of section 211(6) of the Water Resources Act 1991,
which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1)(b) above.
(1C) The modifications referred to in subsection (1B) above are—
(a) references in sections 31 to 34 of this Act to “ this Act ” shall be construed as including references to section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and
(b) in section 33—
(i) references to a justice of the peace shall be construed as including references to a sheriff; and
(ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.
(2) Where the minimum size of mesh of nets used for taking salmon prescribed by any provision of this Act or by any byelaw in force in any part of the Solway Firth within England is greater than that which may be lawfully used in the part of the Solway Firth within Scotland, the provision or byelaw shall have effect as if the minimum size of mesh so prescribed in relation to the part of the Solway Firth within England were such as may be so lawfully used as aforesaid in the part of the Solway Firth within Scotland.
(3) The limits of the Solway Firth for the purposes of this section shall be determined by the Minister.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Nothing in this section the Water Resources Act 1991or the Water Act 1989 shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act.
This Act applies to the dams constructed by the Severn Commissioners under the Severn Navigation Act 1842 and the Severn Navigation Act 1853 and now vested in Canal & River Trust, and to all fish passes in those dams; and it shall accordingly be Canal & River Trust’s duty, subject to the provisions of this Act and to section 23 of the Severn Navigation Act 1881 (by virtue of which they have power to stop up the passes with the agreement of the appropriate agency) to maintain those passes in an efficient state.
The appropriate national authority may by order specify fish of any 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.
(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).
(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 Secretary of State;
(b) the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
(1) In this Act, unless the context otherwise requires—
“ the Agency ” means the Environment Agency;
“the appropriate agency” means—
the Agency, except in relation to Wales (within the meaning of the Government of Wales Act 2006); and
the Natural Resources Body for Wales, in relation to Wales (within that meaning);
“ the appropriate national authority ” means—
the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006);
in relation to Wales (within that meaning), the Welsh Ministers;
“area”, in relation to the appropriate agency, means the area in relation to which it carries out its functions relating to fisheries by virtue of—
section 6(7) of the Environment Act 1995, in the case of the Agency;
section 6(7A) of that Act, in the case of the Natural Resources Body for Wales;
“authorised officer” means—
any officer of the appropriate agency; . . .;
any officer of a market authority acting within the area of the jurisdiction of that authority;
any officer appointed by the Minister;
any officer appointed in writing by the Fishmongers Company, or
any police officer;
“byelaw” means a byelaw under this Act;
“dam” includes any weir or other fixed obstruction used for the purpose of damming up water;
“ eels ” means any fish of the species Anguilla anguilla , and includes elvers and the fry of eels;
“ fish ” includes crustaceans and molluscs;
“fish farm”—
means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and
includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;
“fishing licence” has the meaning assigned to it by section 25(2) above;
“fishing mill dam” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish, and partly for the purpose of supplying water for milling or other purposes;
“fishing weir” means any erection, structure or obstruction fixed to the soil either temporarily or permanently, across or partly across a river or branch of a river, and used for the exclusive purpose of taking or facilitating the taking of fish;
“Fishmongers Company” means the wardens and commonalty of the Mystery of Fishmongers in the City of London;
“fixed engine” includes—
a stake net, bag net, putt or putcher;
any fixed implement or engine for taking or facilitating the taking of fish;
any net secured by anchors and any net or other implement for taking fish fixed to the soil, or made stationary in any other way; and
any net placed or suspended in any inland or tidal waters unattended by the owner or a person duly authorised by the owner to use it for taking fish , and any engine, device, machine or contrivance, whether floating or otherwise, for placing or suspending such a net or maintaining it in working order or making it stationary;
“foreshore” includes the shore and bed of the sea and of every channel, creek, bay, estuary and navigable river as far up it as the tide flows;
“ freshwater crayfish ” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae;
“ freshwater fish ” means any fish habitually living in fresh water, exclusive of—
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;
any kind of crustacean other than freshwater crayfish and Chinese mitten crabs ( Eriocheir sinensis ); and
any kind of mollusc;
“general licence” means a licence granted under section 25(7) above;
“ historic installation ” has the meaning given by section 25 above;
. . .
“immature” in relation to salmon means that the salmon is of a length of less than 12 inches, measured from the tip of the snout to the fork or cleft of the tail, and in relation to any other fish means that the fish is of a length less than such length (if any) as may be prescribed by the byelaws applicable to the water in which the fish is taken;
“inland water” means any area of inland waters within the meaning of the Water Resources Act 1991;
“ licensable means of fishing ” has the meaning given by section 25 above;
“market authority” includes any corporation, local authority, body of trustees or other persons having power to maintain or regulate any market;
“migratory trout” means trout which migrate to and from the sea;
“mill” includes any erection for the purpose of developing water power, and “milling” has a corresponding meaning;
“the Minister” means, . . ., the Minister of Agriculture, Fisheries and Food;
“occupier” in relation to a fishery or premises includes any person for the time being in actual possession of the fishery or premises;
“owner” includes any person who is entitled to receive rents from a fishery or premises;
“river” includes a stream;
“rod and line” means single rod and line;
“salmon” means all fish of the salmon species and includes part of a salmon;
“ screen ” means a grating or other device which, or any apparatus the operation of which, prevents—
the passage of salmon or migratory trout, and
if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm,
or any combination of devices or apparatus which, taken together, achieve that result;
“ smelt ” means any fish of the species Osmerus eperlanus ;
“trout” means any fish of the salmon family commonly known as trout, including migratory trout and char, and also includes part of a trout;
“unclean” in relation to any fish means that the fish is about to spawn, or has recently spawned and has not recovered from spawning.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Except so far as provision is made by paragraph 13 of Schedule 3 below, nothing in this Act shall be construed as authorising the appropriate agency or any other person to take or use land or other property belonging to the Crown.
(4) In any byelaw made under an enactment repealed by the Salmon and Freshwater Fisheries Act 1923 “salmon” and “trout” have the meanings assigned to them by subsection (1) above.
(1) The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) In section 18(1) of the Sea Fish (Conservation Act 1967 (enforcement of orders in relation to salmon and migratory trout) for paragraph (a) there shall be substituted the following paragraph:—
(a) section 31 (1)(d) of the Salmon and Freshwater Fisheries Act 1975 (which confers power of seizure)shall apply as if the reference in it to that Act included a reference to this Act, and sections 36(1) and (2) of that Act, and paragraph 8 of Schedule 4 (all of which contain ancilliary provisions), shall be construed accordingly as including references to that Act as applied by this subsection;
(3) In so far as any instrument made or other thing whatsoever done under any enactment repealed by this Act could have been made or done under a corresponding enactment in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under that corresponding enactment; and for the purposes of this provision anything which under section 93(2) of the Salmon and Freshwater Fisheries Act 1923 had effect as if done under any enactment in that Act shall, so far as may be necessary for the continuity of the law, be treated as done under the corresponding enactment in this Act.
(4) Any enactment or other document referring to an enactment repealed by this Act or by the Salmon and Freshwater Fisheries Act 1923 shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.
(5) Nothing in this Act shall affect the admissibility in evidence of any instrument made under the Salmon Fishery Act 1865.
(6) Section 254(2)(c) of the Local Government Act 1972 (power of Secretary of State to amend, etc., enactments by order) shall apply to this Act as if it had been passed before 1st April 1974.
(7) The Water Act 1973 shall have effect as if the functions conferred on water authorities by section 28(1) and (2) above were conferred by it.
(8) Nothing in this Act shall affect the legal right of any conservators, directors, commissioners, undertakers or other persons to dredge, scour, cleanse or improve any navigable river, canal or other inland navigation.
(9) Nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).
(1) This Act may be cited as the Salmon and Freshwater Fisheries Act 1975.
(2) Subject to section 39 above and subsection (3) below, this Act extends only to England and Wales.
(3) The following provisions of this Act, namely—
section 28(1) and (2) above,
section 39(1) ,(1A), (1B),(1C)(4) and (5) above,
section 42(1) above, so far as it relates to the repeal of section 15 of the Salmon and Freshwater Fisheries Act 1972 and section 18 of the Water Act 1973,
paragraph 3 of Schedule 4 below,
extend to Scotland.
(4) This Act shall come into force on 1st August 1975.
Section 25.
Duty on licences
1 (1) Subject to sub-paragraph (2) below, there shall be payable in respect of a fishing licence a duty fixed in accordance with this Schedule by the appropriate agency.
(2) The appropriate agency may in such cases as it considers appropriate grant an exemption from the duty.
2 Different duties may be fixed under paragraph 1 above for different descriptions of licence and different classes of licence holder.
3 The appropriate agency shall at least one month before fixing or altering a duty for the use of any licensable means of fishing in any part of its area, except a duty payable in respect of a temporary licence, publish in one or more newspapers circulating in that part of its area notice of its intention to do so and such a notice shall set out the amount of any duty as proposed to be fixed or altered.
4 If during the month immediately following the publication of a notice under paragraph 3 above a written objection to the proposed duty is made to the appropriate national authority by any interested person, the appropriate agency shall not fix or alter the duty without the approval of that authority .
5 The appropriate national authority , with or without a local inquiry, may refuse to approve any duty submitted by the appropriate agency for that authority's approval under paragraph 4 above or may approve the duty with or without modifications; and the appropriate agency, if so directed by that authority , shall cause notice of any proposed modification to be given in accordance with the direction.
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.
7 The appropriate agency may grant a temporary licence, that is to say, a licence authorising the use of any licensable means of fishing for fishing in circumstances specified in the licence during a period not exceeding 14 days, and may charge in respect of that licence a duty less than the duty fixed for the use of that means under the foregoing provisions of this Schedule.
8 There shall be payable in respect of a general licence such sum as may be agreed by the appropriate agency and the licensee.
Net etc. licences for salmon and trout fishing
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.
10 The name and address of a servant or agent may be entered on or removed from a licence by an employee of the appropriate agency authorised to do so or by the licensee or an agent who has been appointed by the licensee to act for the purposes of this paragraph and whose appointment, together with his name and address, has been notified to the appropriate agency.
11 The date of entry in the licence shall be stated in the licence at the time of the making of the entry, and within twenty-four hours of the making of an entry by a licensee or his agent a copy shall be sent to the appropriate agency, ....
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 The number of servants or agents whose names may at any time be entered on a licence shall not exceed twice the number of persons who in the opinion of the appropriate agency are required to work at one time the means of fishing to which the licence relates or, where the applicant for the licence notifies the appropriate agency at the time of the application that he proposes to take part in working the means of fishing , one less than twice that number.
14 Any person who, with intent to deceive, enters on a licence more names than are permitted by paragraph 13 above or states falsely the date of entry in a licence is guilty of an offence.
Historic installations
14A (1) Where a fishing licence is granted in respect of an historic installation, the appropriate agency may at any time, subject to this paragraph, impose conditions on its use pursuant to the licence.
(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 a further such notice.
(4) The appropriate agency may only impose conditions under sub-paragraph (1) above where it considers that it is necessary to do so for the protection of any fishery.
Miscellaneous
15 Subject to section 26 above, a fishing licence shall be granted by the appropriate agency to every applicant who is at the time of the application not disqualified from holding a fishing licence, on payment of the duty in respect of the means of fishing to which the licence relates.
16 A fishing licence shall not confer any right to fish at a place or a time at which the licensee is not otherwise entitled to fish.
17 A fishing licence shall not authorise the erection of any structure or the use of any installation or other thing for or in connection with fishing the erection or use of which would otherwise be illegal.
18 The production of a printed copy of a statement purporting to be issued by the appropriate agency as to a licence duty fixed and, if it be the case, approved by the Minister under this Schedule shall be prima facie evidence that the licence duty was fixed or approved as there mentioned and of the amount of the duty, and without proof of the handwriting or official position of any person purporting to sign the statement.
Section 37.
Part I Prosecution and Punishment
1 (1) Column 2 of the Table below gives a description of the offences against the provisions of this Act specified in column 1 of the Table, and in relation to any such offence—
(a) column 3 shows whether the offence is punishable summarily (that is to say, on summary conviction) or on indictment or either in one way or the other; and
(b) column 4 shows the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that period.
(2) A person guilty of an offence against any provision of this Act not specified in the Table shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or, in the case of a second or subsequent conviction, level 4 on the standard scale.
(3) A person shall be treated as acting together with another for the purposes of the above Table if
(a) both are engaged in committing—
(i) an offence under section 1 above, other than one committed without any instrument, or
(ii) an offence under section 27 above, other than one committed by means of a rod and line (only), or
(b) one is aiding, abetting, counselling or procuring the commission of such an offence by the other.
Table
Provision of Act creating the offence | Description of offence | Mode of prosecution | Punishment
(1) | (2) | (3) | (4)
Section 1 ... | Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish. | (a) Summarily ... | Three months or the statutory maximum or both.
On indictment ... | Two years or a fine of both.
Section 4 ... | Discharging poisonous or injurious matter into waters containing fish or spawn. | (a) Summarily ... ... ... | The prescribed sum and £40 for each day on which the offence continues after a conviction thereof.
(b) On indictment ... ... | Two years or a fine or both.
Section 5(1) ... | Using explosives, poisons, noxious substances or electrical devices to take or destroy fish. | (a) Summarily ... ... ... | A fine..
(b) On indictment ... ... | Two years or a fine or both.
Section 5(3) ... | Destroying or damaging dams etc., to take or destroy fish. | (a) Summarily ... ... ... | The prescribed sum.
(b) On indictment ... ... | Two years or a fine or both.
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
Section 27 ... | Fishing for fish by licensable means of fishing otherwise than under the authority of a licence and possessing an unlicensed licensable instrument with intent to use it for fishing. | (a) If the offence is one alleged to be committed by use or possession of rod and line (only) , summarily. | Level 4 on the standard scale
(b) in any other case—
(i)summarily... | Three months or the statutory maximum or both;
(ii) on indictment... | Two years or a fine or both.
Section 27B | Unauthorised fishing etc | (a) Summarily (b) On indictment | A fine. A fine.
Part II Procedure
2 Any offence against this Act committed on the sea-coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction shall be deemed to have been committed in any place abutting on that sea-coast or adjoining that sea, and may be tried and punished accordingly.
3 Offences against this Act committed in Scotland shall be proceeded against and punished in Scotland.
4 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.
In this paragraph “owner”, in relation to a vessel or vehicle which is the subject of a hire-purchase agreement, means the person in possession of the vehicle under that agreement.
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.
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.
Section 43.
Chapter | Short title | Extent of repeal
13 & 14 Geo. 5. c. 16. | The Salmon and Freshwater Fisheries Act 1923. | The whole Act.
19 & 20 Geo. 5. c. 39. | The Salmon and Freshwater Fisheries (Amendment) Act 1929. | The whole Act.
25 & 26 Geo. 5. c. 43. | The Salmon and Freshwater Fisheries Act 1935. | The whole Act.
1963 C. 38. | The Water Resources Act 1963. | In section 71(6), the words “the Salmon and Freshwater Fisheries Act 1923 or by”.
In section 126(1), the words “the Salmon and Freshwater Fisheries Acts 1923 to 1972, and”.
1965 c. 56. | The Compulsory Purchase Act 1965. | In Schedule 6, the entry relating to the Salmon and Freshwater Fisheries Act 1923.
1965 c. 68. | The Salmon and Freshwater Fisheries Act 1965. | The whole Act.
1972 c. 37. | The Salmon and Freshwater Fisheries Act 1972. | The whole Act.
1973 c. 37. | The Water Act 1973. | Section 18.
Section 40(4)(c).
In Schedule 8, paragraphs 1 to 19 and paragraphs 95 to 97.
1974 c. 40. | The Control of Pollution 1974. | In Schedule 3, paragraph 5.