Scottish Statutory Instruments

2001 No. 151

RIVER

SALMON AND FRESHWATER FISHERIES

The Western Isles Salmon Fishery District Designation Order 2001

Made

10th April 2001

Coming into force

26th April 2001

The Scottish Ministers, on application to them by Loch Roag District Salmon Fishery Board, having consulted and given notice in accordance with Schedule 1 to the Salmon Act 1986(1), and having considered representations received, in exercise of the powers conferred by sections 1(2) and 2 of, and Schedule 1 to, that Act and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Western Isles Salmon Fishery District Designation Order 2001 and shall come into force on 26th April 2001.

Designation of the Western Isles Salmon Fishery District

2.—(1) The area described in Schedule 1 to this Order is designated as a salmon fishery district to be known as the Western Isles Salmon Fishery District.

(2) The existing Salmon Fishery Districts of Loch Roag, East Lewis, Fincastle, Clayburn, Resort, Mullanageren and Howmore, being superseded by the district designated by this Order, are abolished.

Application of regulations

3. The regulations specified in Schedule 2 to this Order shall apply to the district designated by article 2 above.

Annual close time

4.—(1) The annual close time shall, in respect of each part of the Western Isles Salmon Fishery District described in column 1 of Schedule 3 to this Order, be the period shown opposite the entry for that part in column 2 of that Schedule.

(2) The period within that annual close time when it is permitted to fish for and take salmon by rod and line shall, in respect of each part of the Western Isles Salmon Fishery District described in column 1 of Schedule 3 to this Order, be the period shown opposite the entry for that part in column 3 of that Schedule.

JINNY HUTCHISON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

10th April 2001

Article 2

SCHEDULE 1DESCRIPTION OF THE DESIGNATED AREA

The area comprising the catchment areas of each river that flows directly or indirectly into the sea from the islands of Lewis, Harris, North and South Uist, Benbecula and Barra, and all other adjacent islands and islets which together form the group of islands known as the Western Isles or Outer Hebrides, together with the adjacent area of sea extending seawards for three miles from mean low water springs on each such island or islet.

Article 3

SCHEDULE 2REGULATIONS APPLIED TO THE DISTRICT DESIGNATED BY THIS ORDER IN ACCORDANCE WITH SECTION 2(2) OF THE SALMON ACT 1986

Regulations made under section 3 of the Salmon Act 1986

1. The Salmon (Weekly Close Time) (Scotland) Regulations 1988(2).

2. The Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992(3).

3. The Salmon (Fish Passes and Screens) (Scotland) Regulations 1994(4).

Regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868(5) as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862

4. Byelaw made by the Commissioners appointed under the Salmon Fisheries (Scotland) Acts 1862 to 1868 dated 11th January and 19th April 1864 with respect to the due observance of the weekly close time(6).

5. Byelaw made by the said Commissioners dated 18th April and 19th July 1865 with respect to the construction and use of cruives(7).

Article 4

SCHEDULE 3

Column 1	Column 2	Column 3
Description of each part of the Western Isles Salmon Fishery District	Annual Close Time(dates inclusive)	Period for rod and line fishing(dates inclusive)
(a)Loch Roag The limits of the District of Loch Roag (Lewis), and the Rivers Blackwater, Grimersta, and Morsgail, shall be – Butt of Lewis (Ordnance Survey Grid Reference No NB 520665) on the North east to Gobnah Airde Moire on the South west; and the said District shall consist of the portions of the sea coast and the estuary, and the rivers, contained between the said points.	27th August-10th February	27th August-16th October
(b)Clayburn The limits of the District of the Rivers Clayburn, Finnis Bay, Aven nan geren, Strathgravat, North Lacastile, Scalladale, and Mawrig shall be – on the South Ru Renish, and on the North the boundary between Lewis and Harris, including the Island of Scalpa; and the said District shall consist of the portions of the sea coast, and the estuaries, and the rivers, contained between the said points.	10th September-24th February	10th September-31st October
(c)Fincastle The limits of the District of the Rivers Fincastle, Meaveg, Ballanachist, South Lacastile, Borve, and Obb, on the West Coast of Harris, shall be – on the North, the most northerly point of the Island of Scarpa, thence along the West and South Coast of that island, and by the shortest line to the mainland of Harris; and on the South Ru Renish, including the Islands of Taransay, Ensay, and Killegray; and the said District shall consist of the portions of the sea coast and the estuaries and rivers contained between the said points.	10th September-24th February	10th September-31st October
(d)Resort The limits of the District of the River Resort shall be Gobnah Airde Moire, on the Isle of Lewis, on the North or East through the shortest distance between the mainland of Harris to Scarpa Island, and to the most northerly point of that island on the South or West; and that the said District shall consist of the portions of the sea coast and the estuary, and the river, contained between the said points.	27th August-10th February	27th August-31st October
(e)East Lewis The area comprising the catchment area of each river which flows directly or indirectly into the sea on the east coast of the Isle of Lewis between, in the North, the Butt of Lewis (Ordnance Survey Grid Reference No. NB 520665) and, in the South, the boundary between Lewis and Harris and the adjacent area of sea which extends seaward for 3 miles from mean low water springs.	27th August-10th February	27th August-31st October
(f)Mullanageren The limits of the District of the Rivers Mullanageren, Horasary, and Loch na Ciste shall be the whole Coasts of the Island of North Uist, including the Islands of Pabbay, Berneray, Baleshare, and adjacent Islets; and the said District shall consist of the portions of the sea coast and the estuaries and rivers of the said islands.	10th September-24th February	10th September-31st October
(g)Howmore The limits of the District of the Howmore River shall be the whole coasts of the Islands of South Uist, Benbecula, and Barra, and the whole coast of the adjacent islands and islets; and the said District shall consist of the portions of the sea coast and the estuary and the river of the said islands.	10th September-24th February	10th September-31st October

Explanatory Note

(This note is not part of the Order)

This Order designates the area described in Schedule 1 as a salmon fishery district to be known as the Western Isles Salmon Fishery District (“the district”) and abolishes the existing salmon fishery districts of Loch Roag, East Lewis, Fincastle, Clayburn, Resort, Mullanageren and Howmore which are superseded by it (article 2).

The Order applies those regulations made under section 3 of the Salmon Act 1986 and under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 to the district designated (article 3 and Schedule 2).

The Order makes provision for the annual close time applying to each part of the district and for the period during which fishing for and taking salmon by rod and line is permitted (article 4 and Schedule 3).

(1)

1986 c. 62. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1988/390.

(3)

S.I. 1992/1974 as amended by S.I. 1993/257 and 1994/111.

(4)

S.I. 1994/2524.

(5)

1862 c. 97, 1864 c. 118 and 1868 c. 123. These Acts (with the exception of certain provisions of the 1868 Act) were repealed by the Salmon Act 1986 (c. 62), section 41 and Schedule 5.

(6)

Byelaw subsequently enacted as Schedule D to the Salmon Fisheries (Scotland) Act 1868 (c. 123) by section 10 of that Act. Schedule D was repealed by the Salmon Act 1986, section 41 and Schedule 5. Byelaw retained in effect by section 3(1) of the 1986 Act.

(7)

Byelaw subsequently enacted as Schedule F to the Salmon Fisheries (Scotland) Act 1868 by section 10 of that Act. Schedule F was repealed by the Salmon Act 1986, section 41 and Schedule 5. Byelaw retained in effect by section 3(1) of the 1986 Act