Salmon Act 1986

6 Annual close time. S

[F1 (1) The annual close time for a salmon fishery district shall be a continuous period of not less than 168 days and shall apply to every mode of fishing for and taking salmon except to the extent that provision is made for periods within that time during which it is permitted to fish for and take salmon by rod and line.

(2) Subject to subsection (3) below, the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line shall be, in the case of any particular district—

(a) the dates and periods specified in the designation order made in respect of that district; or

(b) where no designation order has been made in respect of that district, the dates and periods which were determined under section 6(5) of the M1 Salmon Fisheries (Scotland) Act 1862, subject to any variation made under section 9 of the M2 Salmon Fisheries (Scotland) Act 1868, which, immediately before the commencement of this section, were in force as respects the district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 which had the same coastal limits as that salmon fishery district.

(3) Notwithstanding subsection (2) above, the Secretary of State may, subject to subsection (1) above, by order prescribe for any district the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line and he may make different provision for different parts of a district; and such an order is referred to in this Act as an “annual close time order”.

(4) The Secretary of State may make an annual close time order in respect of a salmon fishery district only on application to him by—

(a) the district salmon fishery board for that district; or

(b) where there is no such board, two proprietors of salmon fisheries in that district.

(5) An application under subsection (4) above shall be accompanied by the applicant’s written proposals which shall state—

(a) the proposed dates of the anual close time and the periods within that time when it shall be permitted to fish for and take salmon by rod and line in the district; and

(b) the general effect of the proposals

and the proposals may include different dates and periods for different parts of the district.

(6) Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an annual close time order as they apply to the making of a designation order, and for this purpose—

(a) references to a designation order shall be construed as references to an annual close time order; and

(b) references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (4) above.

(7) References in any enactment, other than in this Act, to—

(a) regulations or byelaws made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(5) of the M3 Salmon Fisheries (Scotland) Act 1862; or

(b) the provisions of Schedule C to the M4 Salmon Fisheries (Scotland) Act 1868 relating to such matters

shall be construed as including references to an annual close time order or to such part of a designation order as provides for the annual close time for a salmon fishery district.]

Subordinate Legislation Made

P1 S. 6: power previously exercised by S.I. 1989/1363, 1989/1499, 1990/1854, 1990/2020

P2 S. 6(3): s. 6(3) power exercised by S.I.1991/2115

Textual Amendments

F1 Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2

Marginal Citations

M1 1862 c. 97.

M2 1868 c. 123.

M3 1862 c. 97.

M4 1868 c. 123.