Freshwater and Salmon Fisheries (Scotland) Act 1976

1 Increased availability of, and protection for, freshwater fishing

(1) Where the Secretary of State is satisfied that, if proposals submitted to him under this section were implemented, there would be a significant increase in the availability of fishing for freshwater fish in inland waters to which the proposals relate, he may, subject to subsection (3) below, make an order (in this Act referred to as a " protection order ").

(2) A protection order shall—

(a) be made in relation to such area as the Secretary of State may prescribe, which shall be the catchment area or such part thereof, as the Secretary of State thinks appropriate, of any river; and

(b) prohibit persons without legal right or without written permission from a person having such right from fishing for or taking freshwater fish in the inland waters in the prescribed area.

(3) The Secretary of State shall not make a protection order unless—

(a) he has received proposals in writing from or on behalf of an owner of land, to which pertains a right of fishing for freshwater fish in any inland waters in the area to which the proposals relate, or an occupier of such right, in relation to the improvement of, or the giving or availability of access to, fishings ; and

(b) he has consulted a body which in his opinion is representative of persons wishing to fish for freshwater fish in inland waters in Scotland ; and

(c) he is satisfied that, if such proposals were implemented, fishing for freshwater fish in the area to be prescribed by him in the protection order would be available—

(i) to a degree, which he considered reasonable having regard in particular to what is, in his opinion, the demand, by persons who are neither owners nor occupiers of a right of fishing for freshwater fish in the waters to which the proposals relate nor members of a club which is such an owner or occupier in those waters, for fishing in that area, and

(ii) on such terms and conditions as he considered reasonable; and

(d) he has taken into consideration the need for conservation of any species of fish and has carried out such consultations in this regard as he considers necessary.

(4) Proposals referred to in subsection (3)(a) above shall specify—

(a) the limits of the waters to which they relate ;

(b) the extent to which, and the places with regard to which, it is proposed to grant leases or permits in respect of fishing for freshwater fish in those waters, and any terms and conditions (including charges) relating to such leases or permits ;

(c) any operations which it is proposed to carry out for the purpose of improving such fishing in those waters ;

(d) such matters as the Secretary of State may at any time in relation to the proposals direct;

and the person submitting such proposals to the Secretary of State may at any time withdraw them or, after consultation with him, modify them.

(5) In deciding for the purposes of subsection (3)(c) above whether the terms and conditions referred to therein are reasonable, the Secretary of State may have regard to the circumstances in which fishing is made available in any waters other than those to which the proposals relate in respect of the following matters—

(a) the amount of charges ;

(b) the permitted methods of fishing or tackle ;

(c) the maximum number of fish that may be caught;

(d) the permitted maximum number of rods ;

(e) the permitted times of fishing ;

(f) the permitted minimum size of fish which may be taken ;

(g) the number of persons permitted to fish who are neither owners nor occupiers of a right of fishing for freshwater fish in those waters nor members of a club which is such an owner or occupier in those waters ; and

(h) any other matters which the Secretary of State considers relevant.

(6) The Secretary of State may at any time require an owner or occupier of a right of fishing for freshwater fish in a prescribed area to furnish him with information regarding the implementation in that area of proposals in so far as they relate to that right.

(7) A protection order may provide that it shall cease to have effect on a date specified therein ; but if on that date the Secretary of State has received no complaints concerning the implementation of proposals, or if, in his opinion, the complaints received by him are insignificant or frivolous, he may make a protection order renewing that protection order without further procedure, except that paragraph 7 of Schedule 1 to this Act shall apply to such an order.

(8) Any person contravening a prohibition contained in a protection order shall be guilty of an offence and liable on summary conviction to a fine not exceeding £25 or, in the case of a second or subsequent conviction, not exceeding £50.

(9) Without prejudice to the operation of section 312(c) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, any person who attempts to commit or does any act preparatory to the commission of such an offence as is referred to in subsection (8) above shall be guilty of an offence and shall be punishable in like manner as for the said offence.

(10) A protection order shall be made by statutory instrument and may be varied or revoked by a subsequent order so made; and, subject to subsection (7) above, Schedule 1 to this Act shall have effect as to the procedure in the making, variation and revocation of a protection order.

(11) In subsections (1), (3)(c), (6) and (7) above "proposals" means proposals as originally submitted to the Secretary of State or, as the case may be, as modified under subsection (4) above.