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The Kyle of Sutherland Salmon Fishery District (Baits and Lures) Regulations 2003

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Scottish Statutory Instruments

2003 No. 230

RIVER

SALMON AND FRESHWATER FISHERIES

The Kyle of Sutherland Salmon Fishery District (Baits and Lures) Regulations 2003

Made

31st March 2003

Coming into force

1st May 2003

The Scottish Ministers, on application to them by the Kyle of Sutherland District Salmon Fishery Board, having consulted and directed that notice be given in accordance with paragraphs 3 and 4 of Schedule 1 to the Salmon Act 1986(1) as applied by section 8(5) of that Act, and having considered representations made in respect of the application, in exercise of the powers conferred by section 8 of that Act and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Kyle of Sutherland Salmon Fishery District (Baits and Lures) Regulations 2003 and shall come into force on 1st May 2003.

(2) In these Regulations–

“organic bait” means bait made up in whole or in part of–

(a)

any crustacean, fish or any other animal;

(b)

any part of a crustacean, fish or other animal; or

(c)

eggs of any fish;

“plug” means any non-rotating lure which is designed to dart and dive when drawn through water;

“spinner” means any lure which is designed so that the lure or any part of the lure rotates or spins when drawn through water;

“spoon” means any spoon shaped lure which is designed to flash and wobble when drawn through water.

Specification of organic bait and lures

2.—(1) Organic bait is hereby specified as a bait for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951(2).

(2) A plug, spinner, spoon or any other lure (other than a lure constructed in whole or in part of hair, feather, or fur) designed to resemble any animal including, without prejudice to the generality, a fish, prawn, shrimp, squid or worm is hereby specified as a lure for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

Application

3.  These Regulations apply to–

(a)the River Carron;

(b)the River Oykel;

(c)the River Cassley;

(d)the River Shin; and

(e)the River Evelix.

JINNY HUTCHISON

A member of the staff of the Scottish Ministers

Pentland House, Edinburgh

31st March 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify certain baits and lures for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951. The Regulations apply to specified rivers in the Kyle of Sutherland Salmon Fishery District (regulation 3).

Regulation 2(1) specifies organic bait and regulation 2(2) specifies lures.

The effect of the Regulations is to prohibit the use of those baits and lures when fishing in the specified rivers by rod and line for salmon or sea trout.

(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)

1951 c. 26. The definition of “rod and line” in section 24(1) was amended by section 8(6) of the Salmon Act 1986.

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