Tweed Fisheries Act 1969

12 Application of Acts to freshwater fish.E+W+S+N.I.

(1)The provisions of the Act of 1857 and the Act of 1859, except the following sections of those Acts, shall, unless the context otherwise requires, with any necessary modifications extend and apply to freshwater fish in like manner as they apply to salmon:—

Act of 1857—
Section XLV(Nets not to be used in annual close time);
Section XLVIII(Boats and nets not removed may be seized without warrant);
Section XLIX(Nets left in the river during close times may be seized);
Section LI(Magistrates empowered to issue search warrants);
Section LII(Ferry boats and boats of proprietors and occupiers of land not to be used in fishing);
Section LIV(Commissioners to appoint distinguishing marks for boats);
Section LVIII(Cairns to be removed);
Section LXII(As to the working of wear shot nets);
Section LXX(Penalty on persons taking foul or unseasonable fish);
Section LXXII(Foul or unseasonable fish to be put back into river);
Section LXXIV(To prevent destruction of spawn or fry);
Section LXXVII(Management of joint fisheries);
Section LXXVIII(Arbitration in case of difference);
Section LXXIX(Rates to be levied);
Section LXXX(Recovery of rates);
Schedule A.
Act of 1859—
Section V(Assessment and regulation of fisheries within the limits of the mouth or entrance as extended);
Section VI(Annual Close Times);
Section VIII(Penalty for fishing in Annual or Weekly Close Times);
Section IX(Provisions of recited Act applicable to Annual and Weekly Close Times);
Section X(Penalty for having or selling fish caught in Annual Close Times);
Section XI(Removal of Boats and Nets used in fishing);
Section XII(Regulating stake and bag nets);
Section XIII(Regulating size of meshes of nets);
Section XVII(Nothing in section 72 of recited Act to require the putting back into the river of foul, etc., fish taken by rod and line).

(2)Notwithstanding anything in subsection (1) of this section, section XVIII (Power to Superintendent of water bailiffs to prosecute for offences, etc.) of the Act of 1859 shall not extend and apply to complaints and proceedings in Scotland in relation to freshwater fish.