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Water Resources Act 1991

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Byelaws for purposes of fisheries functionsE+W

6(1)The [F1Agency] shall have power, [F2in relation to the whole or any part or parts] of the area in relation to which it carries out its functions relating to fisheries under Part V of this Act, to make byelaws generally for the purposes of—E+W

(a)the better execution of the M1Salmon and Freshwater Fisheries Act 1975; and

(b)the better protection, preservation and improvement of any salmon fisheries, trout fisheries, freshwater fisheries and eel fisheries.

(2)Subject to paragraph 7(1) below, the [F1Agency] shall have power, [F2in relation to the whole or any part or parts] of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say—

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

(b)prohibiting or regulating—

(i)the taking of trout or any freshwater fish of a size less than such as may be prescribed by the byelaw; or

(ii)the taking of fish by any means within such distance as is specified in the byelaw above or below any dam or any other obstruction, whether artificial or natural;

(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 may be prescribed by the byelaws;

(d)specifying the nets and other instruments (not being fixed engines) which may be used for taking salmon, trout, freshwater fish and eels, imposing requirements as to the use of such nets and other instruments and regulating the use, in connection with fishing with rod and line, of any lure or bait specified in the byelaw;

(e)authorising the placing and use of fixed engines at such places, at such times and in such manner as may be prescribed by the byelaws;

(f)imposing requirements as to the construction, design, material and dimensions of any such nets, instruments or engines as are mentioned in paragraphs (d) and (e) above, including in the case of nets the size of mesh;

(g)requiring and regulating the attachment to licensed nets and instruments of marks, labels or numbers, or the painting of marks or numbers or the affixing of labels or numbers to boats, coracles or other vessels used in fishing;

(h)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 byelaws; and

(i)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.

(3)Subject to the provisions of Schedule 1 to the Salmon and Freshwater Fisheries Act 1975 (duty to make byelaws about close season), the [F1Agency] shall have power, [F2in relation to the whole or any part or parts] of the area mentioned in sub-paragraph (1) above, to make byelaws for any of the following purposes, that is to say—

(a)fixing or altering any such close season or close time as is mentioned in paragraph 3 of that Schedule;

(b)dispensing with a close season for freshwater fish or rainbow trout;

(c)determining for the purposes of the Salmon and Freshwater Fisheries Act 1975 the period of the year during which [F3screens] need not be maintained;

(d)prohibiting or regulating fishing with rod and line between the end of the first hour after sunset on any day and the beginning of the last hour before sunrise on the following morning;

(e)determining the time during which it shall be lawful to use a gaff in connection with fishing with rod and line for salmon or migratory trout;

(f)authorising fishing with rod and line for eels during the annual close season for freshwater fish.

(4)Subject to paragraph 7(2) below, the [F1Agency] shall have power, [F2in relation to the whole or any part or parts] of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of regulating the deposit or discharge in any waters containing fish of any liquid or solid matter specified in the byelaw which is detrimental to salmon, trout or freshwater fish, or the spawn or food of fish.

(5)The [F1Agency] shall have power, [F2in relation to the whole or any part or parts] of the area mentioned in sub-paragraph (1) above, to make byelaws for the purpose of requiring persons to send to the [F1Agency] returns, in such form, giving such particulars and at such times as may be specified in the byelaws—

(a)of the period or periods during which they have fished for salmon, trout, freshwater fish or eels,

(b)of whether they have taken any; and

(c)if they have, of what they have taken.

(6)Byelaws made under this paragraph may be made to apply to the whole or any part or parts of the year.

(7)Expressions used in this paragraph and in the M2Salmon and Freshwater Fisheries Act 1975 have the same meanings in this paragraph as in that Act.

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Amendments (Textual)

F1Words in Sch. 25 para. 6 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1Sch. 25 para. 6 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 9 (with s. 46).

Sch. 25 para. 6 excluded by S.I. 1999/1746, arts. 1(1), 4(1) (with art. 2) (the exclusion coming into force immediately before the principal appointed day (1.7.1999 appointed by S.I. 1998/3178, art. 3))

Marginal Citations

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