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Salmon Act 1986

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[F18 Use of baits and lures.S

(1)The Secretary of State may, subject to the provisions of this section, make regulations specifying baits and lures for the purposes of the definition of “rod and line” in section 24 of the M1Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

(2)The Secretary of State may make regulations under this section only on—

(a)application to him by a district salmon fishery board; or

(b)a joint application to him by more than one such board,

and regulations made in respect of such application shall be made only in respect of the district of the applicant.

(3)Regulations under this section shall specify, subject to such exceptions as may be provided therein, all or any, or a combination of, the following—

(a)baits and lures or classes of baits and lures;

(b)times when the regulations apply;

(c)areas to which the regulations apply.

(4)An application under subsection (2) above shall be accompanied by the applicant’s written proposals which shall state—

(a)the baits and lures which it is proposed should be specified;

(b)the places to which and the times during which the proposed regulations should apply; and

(c)the reasons for the proposals.

(5)Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of regulations under this section 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 regulations under this section; 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 (2) above.

(6)In section 24(1) of the M2Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, at the end of the definition of “rod and line” there shall be inserted the following— “and, in the case of fishing for salmon in an area to which and at a time during which regulations made under section 8 of the Salmon Act 1986 apply, is not specified in such regulations in respect of that area and time”.]

Textual Amendments

F1Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2

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