Salmon and Freshwater Fisheries Act 1975

19 Close seasons and close times. E+W

(1) Schedule 1 to this Act shall have effect in relation to the close seasons and close times for the descriptions of fish there specified.

(2) Subject to subsection (3) below, any person who fishes for, takes, kills or attempts to take or kill salmon—

(a) except with a rod and line or putts and putchers, during the annual close season or weekly close time; or

(b) with a rod and line during the annual close season for rod and line; or

(c) with putts and putchers, during the annual close season for putts and putchers,

shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) above in respect of any act done for the purpose of the artificial propagation of fish, or for some scientific purpose, if he has obtained the previous permission in writing of the water authority [F1 in whose area the act was done].

(4) Subject to subsection (5) below, any person who fishes for, takes, kills or attempts to take or kill trout other than rainbow trout—

(a) except with a rod and line, during the annual close season or weekly close time for trout; or

(b) with a rod and line during the annual trout close season for rod and line,

shall be guilty of an offence.

(5) A person shall not be guilty of an offence under subsection (4) above in respect of any act done for the purpose of the artificial propagation of fish or the stocking or restocking of waters, or for some scientific purpose, if he has obtained the previous permission in writing of the water authority [F1 in whose area the act was done].

(6) Subject to subsection (8) below, any person who, during the annual close season for freshwater fish, fishes for, takes, kills, or attempts to take or kill, any freshwater fish in any inland water, or fishes for eels by means of a rod and line in any such water, shall be guilty of an offence.

(7) Subject to subsection (8) below, any person who, during the annual close season for rainbow trout, fishes for, takes, kills or attempts to take or kill, any rainbow trout in any inland water, or fishes for eels by means of a rod and line in any such water, shall be guilty of an offence.

(8) Subsections (6) and (7) above do not apply—

(a) to the removal by the owner or occupier, from any several fishery where salmon or trout are specially preserved, of any eels, freshwater fish or rainbow trout not so preserved;

(b) to any person fishing with rod and line in any such fishery with the previous permission in writing of its owner or occupier;

(c) to any person fishing with rod and line for eels in any waters in which such fishing is authorised by a byelaw;

(d) to the taking of freshwater fish or rainbow trout for scientific purposes;

(e) to the taking of freshwater fish for bait—

(i) in a several fishery with the permission in writing of its owner or occupier, or

(ii) in any other fishery, unless the taking would contravene a byelaw.

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Amendments (Textual)

F1 Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Modifications etc. (not altering text)

C1 S. 19 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 4