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Fisheries Act 1981

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part IE+W+S Offences to Which Section 33(1) of This Act Applies

Offences under the Salmon and Freshwater Fisheries Act 1975E+W+S

1Any offence under section 2(2)(a) of the M1Salmon and Freshwater Fisheries Act 1975 (taking, killing or injuring or attempting to take, kill or injure, unclean or immature fish).E+W+S

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Marginal Citations

2Any offence under section 3 of that Act (restriction on shooting or working seine or draft net in certain waters and prohibition on use of certain nets).E+W+S

3Any offence under section 5(1) of that Act (prohibition on use of explosives, poison or electrical devices to take or destroy fish) relating to the use of a noxious substance or electrical device, and any offence under section 5(4) of that Act relating to the possession of such a substance or device.E+W+S

4Any offence under section 19 of that Act (fishing for, taking or killing or attempting to take or kill fish during close seasons or close times).E+W+S

5Any offence under section 27 of that Act (fishing for or taking fish without a licence or possession of equipment with intent to use it for an unlicensed purpose).E+W+S

[F1 Offences against byelaws relating to salmon and other freshwater fishing]E+W+S

[F26Any offence under section 211 of the Water Resources Act 1991 consisting in a contravention of a byelaw made for any of the following purposes mentioned in paragraph 6(2) of Schedule 25 to that Act—E+W

(a)prohibiting the taking or removal from any water without lawful authority of any fish, whether alive or dead;

(b)prohibiting or regulating the taking of trout or any freshwater fish of a size less than that prescribed by the byelaw;

(c)prohibiting the use for taking salmon, trout, or freshwater fish of any instrument (not being a fixed engine) in such waters and at such times as are prescribed by the byelaw;

(d)specifying the nets and other instruments (not being fixed engines) which may be used for taking salmon, trout, freshwater fish and eels and imposing requirements as to the use of such nets and other instruments;

(e)imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh;

(f)prohibiting the carrying in any boat or vessel whilst being used in fishing for salmon or trout of any net which is not licensed, or which is without the mark, label or number prescribed by the byelaw;

(g)prohibiting or regulating the carrying in a boat or vessel during the annual close season for salmon of a net capable of taking salmon, other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.]

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Amendments (Textual)

F2Sch. 4 para. 6 and preceding cross-heading substituted for para. 6 (E.W.) (1.12.1991) by Water Consolidation (Consquential Provisions) Act 1991 (SIF 130, c. 60), ss. 2, 4(2), Sch. 1 para.37

6Any offence under section 28(7) of that Act (infringement of byelaws) consisting of a contravention of a byelaw made for a purpose mentioned in any of the following paragraphs of Schedule 3 to that Act—S

(a)paragraph 21 or 25 (descriptions of nets and other instruments which may be used for taking fish and restrictions on their use);

(b)paragraph 23 or 24 (restrictions on carrying of certain nets);

(c)paragraph 26 (taking or removing fish from water without lawful authority);

(d)paragraph 28 (taking fish of less than prescribed size).

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Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Offences relating to sea fishingE+W+S

[F37Any offence consisting of a contravention of a byelaw made under section 4 of the M2Sea Fisheries (Scotland) Amendment Act 1885 (byelaws prohibiting or regulating methods of fishing).]E+W+S

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Amendments (Textual)

Marginal Citations

8Any offence under section 6(1) of the M3Herring Fishery (Scotland) Act 1889 (prohibition on beam or otter trawling in certain areas) and any offence consisting of a contravention of a byelaw made under section 7(1) of that Act (power to prohibit beam or otter trawling in certain other areas).E+W+S

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Marginal Citations

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

10Any offence consisting of a contravention of a byelaw made under section 5 of the M4Sea Fisheries Regulation Act 1966 (byelaws for the regulation of sea fishing).E+W+S

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Marginal Citations

11Any offence under section 17 of the M5Sea Fisheries (Shellfish) Act 1967 of taking an edible crab or landing a lobster in a condition prohibited by subsection (1) or (3) of that section.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

12Any offence under section 1(1) or (3) of the M6Sea Fish (Conservation) Act 1967 (landing or carrying fish smaller than prescribed size).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

13Any offence under section 3(5) of that Act (contravention of order regulating nets and gear).E+W+S

14Any offence under section 4(3) or (9A) of that Act (contravention of order prohibiting fishing without licence and failure to return to sea fish caught in contravention of such a prohibition).E+W+S

15Any offence under section 4A(3) of that Act (contravention of order prohibiting trans-shipment of fish without licence).E+W+S

16Any offence under section 5(1) or (6) of that Act (contravention of order prohibiting fishing and failure to return to sea fish caught in contravention of such a prohibition).E+W+S

17Any offence under section 6 of that Act (landing or trans-shipping fish in contravention of order).E+W+S

[F517AAny offence under section 3 of the Inshore Fishing (Scotland) Act 1984 (fishing with mobile gear near fixed salmon nets or contravention of order restricting fishing for sea fish).]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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