F2 [ 6 E+WAny offence under section 211 of the Water Resources Act 1991 consisting in a contravention of a byelaw made for any of the following purposes mentioned in paragraph 6(2) of Schedule 25 to that Act—
(a)prohibiting the taking or removal from any water without lawful authority of any fish [F3to which paragraph 6 of that Schedule applies,] whether alive or dead;
[F4(aa)specifying close seasons or times for the taking of any fish to which that paragraph applies by such means as may be prescribed by the byelaws;]
(b)prohibiting or regulating the taking of [F5any fish to which that paragraph applies of a size greater or] less than that prescribed by the byelaw;
(c) prohibiting the use for taking [F6fish to which that paragraph applies] of any instrument F7 ... in such waters and at such times as are prescribed by the byelaw;
(d) specifying the nets and other instruments F8 ... which may be used for taking [F9fish to which that paragraph applies] and imposing requirements as to the use of such nets and other instruments;
(e)imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh;
(f)prohibiting the carrying in any boat or vessel whilst being used in fishing for [F10fish to which that paragraph applies] of any net [F11which may not lawfully be used], or which is without the mark, label or number prescribed by the byelaw;
(g)prohibiting or regulating the carrying in a boat or vessel during [F12any close season or time for any description of fish to which that paragraph applies of a net capable of taking fish of that description], other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.]
Textual Amendments
F2Sch. 4 para. 6 and preceding cross-heading substituted for para. 6 (E.W.) (1.12.1991) by Water Consolidation (Consquential Provisions) Act 1991 (SIF 130, c. 60), ss. 2, 4(2), Sch. 1 para.37
F3Sch. 4 para. 6(aa) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(3); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F4Words in Sch. 4 para. 6(a) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(2); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F5Words in Sch. 4 para. 6(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(4); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F6Words in Sch. 4 para. 6(c) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(5)(a); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F7Words in Sch. 4 para. 6(c) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(5)(b), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)
F8Words in Sch. 4 para. 6(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(6)(a), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)
F9Words in Sch. 4 para. 6(d) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(6)(b); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F10Words in Sch. 4 para. 6(f) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(7)(a); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F11Words in Sch. 4 para. 6(f) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(7)(b); S.I. 2009/3345, art. 2, Sch. para. 15(i)
F12Words in Sch. 4 para. 6(g) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(8); S.I. 2009/3345, art. 2, Sch. para. 15(i)
[F36SAny offence under section 28(7) of that Act (infringement of byelaws) consisting of a contravention of a byelaw made for a purpose mentioned in any of the following paragraphs of Schedule 3 to that Act—
(a)paragraph 21 or 25 (descriptions of nets and other instruments which may be used for taking fish and restrictions on their use);
(b)paragraph 23 or 24 (restrictions on carrying of certain nets);
(c)paragraph 26 (taking or removing fish from water without lawful authority);
(d)paragraph 28 (taking fish of less than prescribed size).]
Extent Information
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F3Sch. 4 para. 6(aa) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 18(3); S.I. 2009/3345, art. 2, Sch. para. 15(i)