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Water Consolidation (Consequential Provisions) Act 1991

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37In Schedule 4 to the Fisheries Act 1981, for paragraph 6 there shall be substituted the following paragraph—E+W

Offences against byelaws relating to salmon and other freshwater fishingE+W

6Any 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—

(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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