The Annual Close Time (Permitted Periods of Fishing) (River Dee (Aberdeenshire) Salmon Fishery District) Order 2008

Scottish Statutory Instruments

2008 No. 19

RIVER

SALMON AND FRESHWATER FISHERIES

The Annual Close Time (Permitted Periods of Fishing) (River Dee (Aberdeenshire) Salmon Fishery District) Order 2008

Made

24th January 2008

Coming into force

1st February 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 37(3) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003(1) (“the Act”) and all other powers enabling them to do so.

They make this Order on application to them by the Dee district salmon fishery board and having consulted and directed that notice be given in accordance with paragraphs 5, 10 and 11 of Schedule 1 to the Act.

They have considered all representations and objections duly made and not withdrawn in accordance with paragraph 14 of Schedule 1 to the Act.

Title, commencement and cessation

1.—(1) This Order may be cited as the Annual Close Time (Permitted Periods of Fishing) (River Dee (Aberdeenshire) Salmon Fishery District) Order 2008.

(2) This Order comes into force on 1st February 2008 and ceases to have effect on 16th October 2011.

Period permitted for salmon fishing by rod and line within the annual close time

2.—(1) Paragraph (2) applies to the part of the River Dee (Aberdeenshire) salmon fishery district comprising the River Dee(2).

(2) The periods within the annual close time for salmon(3) when it is permitted to fish for and take salmon by rod and line are prescribed as–

(i) 27th August to 15th October both dates inclusive; and

(ii) 1st February to 10th February both dates inclusive.

HEATHER JONES

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

24th January 2008

Explanatory Note

(This note is not part of the Order)

The annual close time of the River Dee (Aberdeenshire) salmon fishery district is 27th August to 10th February. Section 37 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 prohibits all modes of fishing for and taking salmon in a salmon fishery district during the annual close time. The exception to this is where provision has been made for periods within the annual close time during which fishing for and taking salmon by rod and line is permitted.

This Order prescribes the periods when rod and line fishing for salmon is permitted during the annual close time in the part of the district comprising the River Dee. The periods are 27th August to 15th October and 1st February to 10th February, all dates inclusive.

The Order ceases to have effect on 16th October 2011.

(1)

2003 asp 15.

(2)

The limits of the River Dee are defined in the Byelaw made by the Commissioners appointed under the Salmon Fisheries (Scotland) Acts 1862 to 1868 dated 24th December 1862 which was enacted as Schedule A to the Salmon Fisheries (Scotland) Act 1868 (c. 123).

(3)

The period of the annual close time for salmon for the River Dee (Aberdeenshire) salmon fishery district is from 27th August to 10th February, both dates inclusive, by virtue of the provisions referred to in section 37(2)(b) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15).