Salmon and Freshwater Fisheries Act 1975

... no person shall—

If any person contravenes this section, he shall be guilty of an offence unless he proves to the satisfaction of the court that the act was done for the purpose of the preservation or development of a private fishery and with the previous permission in writing of the appropriate agency.

In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

In this section—

The appropriate national authority may by order amend subsection (1)(a) above so as to—

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References in this section to any waters include waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured.

Subject to subsection (5) below, any person who, for the purpose of fishing for salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters — shall be guilty of an offence.

Subject to subsections (3) , (3A) and (5) below, any person who— shall be guilty of an offence.

Subsection (2) above does not apply to any person who takes a fish accidentally and returns it to the water with the least possible injury.

Subject to subsection (5) below, any person who, except in the exercise of a legal right to take materials from any waters, wilfully disturbs any spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence.

Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.

A person shall not be guilty of an offence under this section in respect of any act, if he does the act for the purpose of the artificial propagation of fish of any description or for some scientific purpose or for the purpose of the preservation or development of a private fishery and has obtained the previous permission in writing of the appropriate agency.

In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

Subsection (3A) of section 1 above applies for the purposes of this section.

Any person who shoots or works any seine or draft net for salmon or migratory trout in any waters across more than three-fourths of the width of those waters shall be guilty of an offence.

Subject to subsection (3) below, any person who, except in a place where smaller dimensions are authorised by byelaw, takes or attempts to take salmon or migratory trout with any net that has a mesh of less dimensions than 2 inches in extension from knot to knot (the measurement to be made on each side of the square), or 8 inches measured round each mesh when wet, shall be guilty of an offence.

In subsection (2) above " net " does not include a landing net in use as auxiliary to angling with rod and line.

The placing of two or more nets the one behind the other or near to each other in such manner as practically to diminish the mesh of the nets used, or the covering of the nets used with canvas, or the using of any other device so as to evade subsection (2) above, shall be deemed to be a contravention of that subsection.

... any person who causes or knowingly permits to flow, or puts or knowingly permits to be put, into any waters containing fish or into any tributaries of waters containing fish, any liquid or solid matter to such an extent as to cause the waters to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish, shall be guilty of an offence.

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Proceedings under this section shall not be instituted except by the appropriate agency or by a person who has first obtained a certificate from the Minister that he has a material interest in the waters alleged to be affected.

Subject to subsections (2) and (2A) below, no person shall use in or near any waters (including waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured any explosive substance, any poison or other noxious substance, or any electrical device, with intent thereby to take or destroy fish.

Subsection (1) above shall not apply to the use by a person of any substance or device— . . .

No person shall, without lawful excuse, destroy or damage any dam, flood-gate or sluice with intent thereby to take or destroy fish.

Subsection (1) above shall not apply to anything done pursuant to an authorisation granted by the appropriate agency under section 27A below.

A person who contravenes subsection (1) or (3) above or who, for the purpose of contravening subsection (1) above, has in his possession any explosive or noxious substance or any electrical device, shall be guilty of an offence.

The use of any substance in any waters for a purpose falling within paragraph (a) of subsection (2) above, and with the permission mentioned in paragraph (b) of that subsection, shall not constitute an offence under—

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Any person who— shall be guilty of an offence.

A person acting under directions to that effect given by the water authority for the area may take possession of or destroy an engine placed or used in contravention of this section.

In subsection (1) above " unauthorised fixed engine" means any fixed engine other than—

No unauthorised fishing weir shall be used for taking or facilitating the taking of salmon or migratory trout.

Where a fishing weir extends more than halfway across any river at its lowest state of water, it shall not be used for the purpose of taking salmon or migratory trout unless it has in it a free gap or opening situated in the deepest part of the river between the points where it is intercepted by the weir, and—

A free gap need not be more than 40 feet wide and must not be less than 3 feet wide.

If any person uses a weir in contravention of this section or makes any alteration in the bed of a river in such manner as to reduce the flow of water through a free gap, he shall be guilty of an offence.

In subsection (1) above " unauthorised fishing weir" means any fishing weir which was not lawfully in use on 6th August 1861, by virtue of a grant or charter or immemorial usage.

No unauthorised fishing mill dam shall be used for taking or facilitating the taking of salmon or migratory trout.

A fishing mill dam shall not be used for the purpose of taking salmon or migratory trout unless it has attached to it a fish pass of such form and dimensions as may be approved by the Minister, and unless the fish pass is maintained in such a condition and has constantly running through it such a flow of water as will enable salmon and migratory trout to pass up and down the pass.

If any person— he shall be guilty of an offence.

If a fishing mill dam has not a fish pass attached to it as required by law, the right of using the fishing mill dam for the purpose of taking fish shall be deemed to have ceased and be for ever forfeited, and the water authority for the area may remove from it any cage, crib, trap, box, cruive or other obstruction to the free passage of the fish.

In subsection (1) above " unauthorised fishing mill dam " means any fishing mill dam which was not lawfully in use on 6th August 1861, by virtue of a grant or charter or immemorial usage.

Where in any waters frequented by salmon or migratory trout— the owner or occupier for the time being of the dam or obstruction shall, if so required by notice given by the appropriate agency and within such reasonable time as may be specified in the notice, make a fish pass for salmon or migratory trout of such form and dimensions as the appropriate agency may approve as part of the structure of, or in connection with, the dam or obstruction, and shall thereafter maintain it in an efficient state.

If any such owner or occupier fails to make such a fish pass, or to maintain such a fish pass in an efficient state, he shall be guilty of an offence.

The appropriate agency may cause to be done any work required by this section to be done, and for that purpose may enter on the dam or obstruction or any land adjoining it, and may recover the expenses of doing the work in a summary manner from any person in default.

Nothing in this section—

The appropriate agency may, . . .construct and maintain in any dam or in connection with any dam a fish pass of such form and dimensions as it may determine, so long as no injury is done by such a fish pass to the milling power, or to the supply of water of or to any navigable river, canal or other inland navigation.

The appropriate agency may, . . .abolish or alter, or restore to its former state of efficiency, any existing fish pass or free gap, or substitute another fish pass or free gap, provided that no injury is done to the milling power, or to the supply of water of or to any navigable river, canal or other inland navigation.

If any person injures any such new or existing fish pass, he shall pay the expenses incurred by the appropriate agency in repairing the injury, and any such expenses may be recovered by the appropriate agency in a summary manner.

Any approval given by the appropriate agency to or in relation to a fish pass may, if in giving it the appropriate agency indicates that fact, be provisional until the appropriate agency notifies the applicant for approval that the pass is functioning to its satisfaction.

While any such approval is provisional, the appropriate agency may, after giving the applicant not less than 90 days’ notice of its intention to do so, revoke the approval.

The applicant for any such approval—

Where the appropriate agencyrevokes a provisional approval given to a fish pass forming part of or in connection with a dam or other obstruction, it may extend the period within which a fish pass is to be made as part of or in connection with the obstruction.

The appropriate agency may approve and certify any fish pass if it is of opinion that it is efficient in all respects and for all purposes, whether it was constructed under this Act or not.

Where a fish pass has received the approval of the appropriate agency, and the approval has not been revoked, it shall be deemed to be a fish pass in conformity with this Act, notwithstanding that it was not constructed in the manner and by the person specified in this Act.

If any person— he shall be guilty of an offence, and shall also in every case pay any expenses which may be incurred in restoring the fish pass to its former state of efficiency; and any such expenses may be recovered in a summary manner.

The owner or occupier of a dam shall be deemed to have altered it if it is damaged, destroyed or allowed to fall into a state of disrepair, and if after notice is served on him by the appropriate agency he fails to repair or reconstruct it within a reasonable time so as to render the fish pass as efficient as before the damage or destruction.

If any person— he shall be guilty of an offence.

This section shall not apply to a temporary bridge or board used for crossing a free gap, and taken away immediately after the person using it has crossed.

Subject to subsection (3) below, unless permission in writing is granted by the appropriate agency, any sluices for drawing off the water which would otherwise flow over any dam in waters frequented by salmon or migratory trout shall be kept shut on Sundays and at all times when the water is not required for milling purposes, in such manner as to cause the water to flow through any fish pass in or connected with the dam or, if there is no such fish pass, over the dam.

If any person fails to comply with this section, he shall be guilty of an offence.

This section shall not prevent any person opening a sluice for the purpose of letting off water in cases of flood or for milling purposes or when necessary for the purpose of navigation or, subject to previous notice in writing being given by the appropriate authority, for cleaning or repairing the dam or mill or its appurtenances.

This section applies in any case where— and in this section “ the responsible person ” means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm.

Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the appropriate agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which—

Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the appropriate agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which—

Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection).

Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it.

No such screen shall be so placed as to interfere with the passage of boats on any navigable canal.

Any exemption under subsection (2) or (3) above may be granted subject to conditions.

If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence.

In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control.

If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless— he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court.

The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw.

The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923.

Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation.

In this section “ by-wash ” means a passage through which water flows.

The appropriate agency—

If any person— he shall be guilty of an offence.

The appropriate agency may adopt such means as in its oppinion are necessary for preventing the ingress of salmon or trout into waters in which they or their spawning beds or ova are, from the nature of the channel or other causes, liable to be destroyed.

Nothing in this section shall— and nothing in subsection (3) above shall authorise the appropriate agency prejudicially to interfere with water rights used or enjoyed for the purposes of manufacturing or for milling purposes or for drainage or navigation.

In this section “ open ”, in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus.

Any person who uses a fishing weir or fishing mill dam for the taking of salmon or migratory trout by means of boxes or cribs shall be guilty of an offence unless the boxes or cribs satisfy the requirements specified in subsection (2) below.

The requirements mentioned in subsection (1) above are—

Any person who takes or kills, or attempts to take or kill, except with rod and line, or scares or disturbs any salmon or trout— shall be guilty of an offence.

Nothing in this section shall apply to any legal fishing mill dam not having a crib, box or cruive, or to any fishing box, coop, apparatus, net or mode of fishing in connection with and forming part of such a dam or obstruction for purposes of fishing.

Where a fish pass approved by the Minister is for the time being attached to a dam or obstruction, this section shall not be enforced in respect of the dam or obstruction until compensation has been made by the water authority to the persons entitled to fish in the waters for that right of fishery.

If any person obstructs a person legally authorised whilst he is doing any act authorised by section 9, 10 or 15 above, he shall be guilty of an offence.

The appropriate agency shall not— unless reasonable notice of its intention to do so (specifying the section in question) has been served on the owner and occupier of the dam, fish pass or free gap, watercourse, mill race, cut, leat, conduit or other channel, with a plan and specification of the proposed work; and the appropriate agency shall take into consideration any objections by the owner or occupier, before doing the proposed work.

If any injury is caused— any person sustaining any loss as a result may recover from the appropriate agency compensation for the injury sustained.

The amount of any compensation under section 10 or 15 above shall be settled in case of dispute by a single arbitrator appointed by the Minister.

In any case in which the appropriate agency is liable to pay compensation under this Part of this Act in respect of injury or damage caused by the making or maintaining of any work, compensation shall not be recoverable unless proceedings for its recovery are instituted within two years from the completion of the work.

Schedule 1 to this Act shall have effect in relation to the close seasons and close times for the descriptions of fish there specified.

Subject to subsection (3) below, any person who fishes for, takes, kills or attempts to take or kill salmon— shall be guilty of an offence.

A person shall not be guilty of an offence under subsection (2) above in respect of any act done for the purpose of the artificial propagation of fish, or for some scientific purpose, if he has obtained the previous permission in writing of the water authority in whose area the act was done.

Subject to subsection (5) below, any person who fishes for, takes, kills or attempts to take or kill trout other than rainbow trout— shall be guilty of an offence.

A person shall not be guilty of an offence under subsection (4) above in respect of any act done for the purpose of the artificial propagation of fish or the stocking or restocking of waters, or for some scientific purpose, if he has obtained the previous permission in writing of the water authority in whose area the act was done.

Subject to subsection (8) below, any person who, during the annual close season for freshwater fish, fishes for, takes, kills, or attempts to take or kill, any freshwater fish in any inland water, or fishes for eels by means of a rod and line in any such water, shall be guilty of an offence.

Subject to subsection (8) below, any person who, during the annual close season for rainbow trout, fishes for, takes, kills or attempts to take or kill, any rainbow trout in any inland water, or fishes for eels by means of a rod and line in any such water, shall be guilty of an offence.

Subsections (6) and (7) above do not apply—

Subject to subsections (4) and (5) below, immediately after the commencement of the annual close season and the weekly close time, the occupier of any fixed engine for taking salmon or migratory trout shall cause it to be removed or rendered incapable of taking them or obstructing their passage.

Subject to subsections (4) and (5) below, where in pursuance of subsection (1) above a fixed engine has been rendered incapable (whether by removal or otherwise) of taking salmon or migratory trout or obstructing their passage, its occupier shall not replace it or otherwise render it capable of taking them or obstructing their passage until the end of the close season or close time.

If any person— he shall be guilty of an offence.

Subsections (1) to (3) above only apply to putts and putchers in relation to the close season for putts and putchers.

It shall be a defence for a person charged with an offence under subsection (3)(b) above to show that he placed the obstruction, used the contrivance or did the acts in question in the course of legally fishing for fish other than salmon or migratory trout.

In this section " migratory trout" does not include rainbow trout.

Subject to subsection (2) below, any person who— shall be guilty of an offence.

Subsection (1) above does not prohibit—

Subject to subsections (2) and (3) below, any person who buys, sells, or exposes for sale or has in his possession for sale— shall be guilty of an offence.

Subsection (1) above shall not apply to any person buying, selling or exposing for sale, or having in his possession for sale—

A person shall not be guilty of an offence in respect of trout under this section for any act done for the purpose of the artificial propagation of fish, or the stocking or restocking of waters, or for some scientific purpose.

The burden of proving that any salmon or trout bought, sold, exposed for sale or in the possession of any person for sale between the dates mentioned in paragraph (a) or (b) of subsection (1) above is not bought, sold, exposed for sale or in the possession of that person for sale in contravention of this section shall lie on the person buying, selling or exposing it for sale, or having it in his possession for sale.

No person shall export or enter for export any unclean salmon or trout or any salmon or trout caught during the time at which the sale of salmon or trout is prohibited where the salmon or trout was caught.

All salmon or trout intended for export between 31st August and the following 1st May shall before shipment be entered for that purpose with the proper officer of Customs and Excise, at the port or place of intended export.

If any salmon or trout is entered for export, or exported or brought to any wharf, quay or other place for export, contrary to this section, or is not entered as required by this section, the salmon or trout and any package containing it shall be deemed to be goods liable to be forfeited under the enactments relating to customs, and the person entering or exporting the salmon or trout, or bringing it for export, or failing to enter the salmon or trout as required by this section, shall be guilty of an offence.

Any officer of Customs and Excise may, between 31st August and the following 1st May, open or cause to be opened any parcel entered or intended for export, or brought to any quay, wharf or other place for that purpose, and suspected by him to contain salmon or trout, and may detain or cause to be detained any salmon or trout found in the parcel until proof is given of the salmon or trout being such as may be legally exported; and if the salmon or trout becomes unfit for human food before such proof is given, the officer may destroy it or cause it to be destroyed.

The burden of proving that any salmon or trout entered for export between 31st August and the following 1st May is not so entered in contravention of this section shall lie on the person entering it.

A person who consigns or sends a package containing salmon or trout by any common or other carrier shall be guilty of an offence unless the outside of the package containing it is conspicuously marked " salmon " or " trout", as the case may be.

An authorised officer may open any package consigned or sent by a carrier, or brought to any place to be so consigned or sent, and suspected to contain salmon or trout.

If any such package is found to contain salmon or trout and is not marked in accordance with this section, or if there is reasonable cause to suspect that the salmon or trout contained in any marked package is being dealt with contrary to law, an authorised officer may detain the package and its contents until proof is given that the salmon or trout is not being so dealt with.

The power to detain salmon or trout conferred by subsection (3) above shall be exercisable also in relation to salmon or trout not packed in a package.

If any salmon or trout detained under this section becomes unfit for human food before the proof required by subsection (3) above is given, an authorised officer may destroy it or cause it to be destroyed.

If any person refuses to allow an authorised officer to exercise the powers conferred by this section, or obstructs such an officer in their exercise, he shall be guilty of an offence.

The appropriate agency shall by means of a system of licensing regulate fishing by licensable means of fishing for—

Subject to the following provisions of this section, a licence granted for the purposes of this section (hereafter in this Act referred to as a “fishing licence”) shall entitle the person to whom it was granted and no others to use the means of fishing specified in the licence to fish for any fish of a description, in an area and for a periodof such a description, in such area or areas (or in waters of such description or descriptions) and for such period as is so specified.

In this Act “ licensable means of fishing ” means any of the following—

A fishing licence for the use of any means of fishing other than a rod and line to fish for salmon or trout shall also authorise the use of that means of fishing for that purpose by the duly authorised servants or agents of the person to whom it was granted, but not exceeding the number permitted by paragraph 13 of Schedule 2 to this Actsubject to the provisions of paragraphs 9 to 13 of Schedule 2 to this Act.

In this Act “ historic installation ” means any of the following—

A fishing licence for the use of a rod and line shall entitle the licensee to use as ancillary to that use a ... landing net.

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Any person or association entitled to an exclusive right of fishing in any inland waters may be granted a general licence to fish in those waters subject to any conditions agreed between the appropriate agency and the licensee, and the licence shall entitle the licensee and, subject to paragraph 9 of Schedule 4 below, any person authorised by him in writing, or in the case of an association, by its secretary so to fish.

Schedule 2 to this Act shall have effect with respect to fishing licences.

Any licence in force under any provision of section 61 of the Salmon and Freshwater Fisheries Act 1923 immediately before 29th June 1972 shall be treated as having been granted under the corresponding provision of this section.

For the purposes of this Part, the appropriate agency may permit a person to take fish of any description in circumstances where he would for those purposes otherwise require a fishing licence.

Permission under subsection (10) above—

Subject to this section, the appropriate agency mayin relation to any such area or areas as are specified in the order, by order confirmed by the appropriate national authority —

Where the appropriate national authority proposes to confirm an order under this section, that authority shall require the appropriate agency to publish the order and notice of that authority's intention to confirm it in such manner as that authority may require, together with a notification that within a period specified in the requirement written objections to the order may be made to that authority .

The appropriate 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—

The appropriate national authority shall consider any such objections received by that authority within the said period, and— that authority may cause a local inquiry to be held before confirming the order.

The appropriate agency may not make an order under subsection (1) above in relation to licences for fishing for fish by—

If it appears to the appropriate agency that an order under this section would prevent a person from fishing in circumstances where that person is wholly dependent on the fishing for his livelihood, the appropriate agency may pay that person such amount by way of compensation as it considers appropriate.

If it appears to the Minister that the operation of subsection (4) above would be detrimental to the conservation of any fishery, he may direct that the subsection shall in its application to that fishery have effect with the substitution for the words " the year " of the words " the two years " or, if in his opinion special circumstances justify it, " the three years ".

The appropriate national authority may with the consent of the appropriate agency vary an order submitted to that authority under this section before confirming it and may require the appropriate agency to publish the terms of the proposed variation in such manner, if any, as that authority may specify in the requirement.

An order under this section may be revoked by the appropriate national authority , or by an order made by the appropriate agency and confirmed by that authority .

Any order limiting the number of licences in force in a water authority area under section 62 of the Salmon and Freshwater Fisheries Act 1923 immediately before 29th June 1972 shall be treated as having limited the number of licences in that area for a period of ten years from that date.

A person is guilty of an offence if, in any place in which fishing for fish of any description by any licensable means of fishing is regulated by a system of licensing, he—

Subsection (1) above does not apply to a person where—

The appropriate agency may authorise a person to use any means, other than a licensable means of fishing, to fish for—

An application for an authorisation under this section must be in such form as the appropriate agency may specify.

An authorisation under this section must be in writing, but subject to that may be in such form as the appropriate agency may determine.

An authorisation under this section—

The appropriate agency may at any time, on application or on its own initiative—

In determining whether to grant, amend or revoke an authorisation the appropriate agency must consider the effect of doing so on—

An authorisation under this section granted to a body corporate—

The appropriate agency may charge a fee for the grant of an authorisation under this section.

Where the appropriate agency determines standard fees for the grant of authorisations of particular descriptions, it must publish them.

Where— it may charge a fee of another amount.

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 where—

A person is guilty of an offence if he has an instrument in his 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 where—

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.

Any alteration or extension of any such works shall be subject to the like approval.

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.

This section is in addition to and not in derogation of any local Act.

This Act— and in this subsection “the River Tweed” means the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 ( S.I. 2006/2913 )).

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.

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.

The limits of the Solway Firth for the purposes of this section shall be determined by the Minister.

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— 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.

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The modifications referred to in subsection (1B) above are—

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.

In this Act, unless the context otherwise requires—

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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.

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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.

The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

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:—

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.

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.

Nothing in this Act shall affect the admissibility in evidence of any instrument made under the Salmon Fishery Act 1865.

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.

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.

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.

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).

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).

Such an order is to be made by statutory instrument.

A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of—

This Act may be cited as the Salmon and Freshwater Fisheries Act 1975.

Subject to section 39 above and subsection (3) below, this Act extends only to England and Wales.

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.

This Act shall come into force on 1st August 1975.