The Caithness Salmon Fishery District Designation Order 1990

Statutory Instruments

1990 No. 324 (S.30)

RIVER, SCOTLAND

SALMON AND FRESHWATER FISHERIES

The Caithness Salmon Fishery District Designation Order 1990

Made

21st February 1990

Coming into force

1st March 1990

The Secretary of State, on application to him by the Forss District Salmon Fishery Board, the Thurso District Salmon Fishery Board, the Wick District Salmon Fishery Board and proprietors of salmon fisheries in each of the Dunbeath and Berriedale salmon fishery districts (being areas affected by the following Order), having carried out all necessary consultations and complied with all necessary procedures as required by paragraphs 3 and 4 of Schedule 1 to the Salmon Act 1986(1) (there being no objections or representations duly made with respect to the proposals in the application), in exercise of the powers conferred on him by sections 1(2) and 2 of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Caithness Salmon Fishery District Designation Order 1990 and shall come into force on 1st March 1990.

Designation of Caithness Salmon Fishery District

2.—(1) The area described in Schedule 1 to this Order is designated as a salmon fishery district to be known as the Caithness Salmon Fishery District.

(2) The following existing salmon fishery districts, namely the Forss, Thurso, Wick, Dunbeath and Berriedale Salmon Fishery Districts, being salmon fishery districts superseded by the Caithness Salmon Fishery District, are abolished.

Application of Regulations

3.  The general regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868(2) as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 shall apply to the Caithness Salmon Fishery District as if the references to the districts abolished by article 2(2) of this Order were references to the Caithness Salmon Fishery District.

Annual close time

4.  The annual close time for the Caithness Salmon Fishery District shall be the period from 27th August to 10th February, both dates inclusive, in each year, and the period or, as the case may be, periods within that time when it is permitted to fish for and take salmon by rod and line shall be the period or, as the case may be, periods in each year set out in column 2 of Schedule 2 to this Order opposite to the parts of the Caithness Salmon Fishery District described in column 1 of that Schedule.

T. J. Kelly

Assistant Secretary, Scottish Office

Department of Agriculture and Fisheries for Scotland,

Pentland House,

Edinburgh

21st February 1990

Article 2(1)

SCHEDULE 1 DESCRIPTION OF THE DESIGNATED AREA

The area comprising the catchment area of each river which flows directly or indirectly into the sea on the coast of the District of Caithness in Highland Region between, on the north coast, Geodh Eisgiadh (Ordnance Survey Grid Reference NC 91946537) and, on the east coast, Ord Point (Ordnance Survey Grid Reference ND 06151749); the Island of Stroma; and the adjacent areas of sea which extend seaward for three miles from mean low water springs, but excluding therefrom any area of sea already included within the area of another salmon fishery district.

Article 4

SCHEDULE 2

Column 1	Column 2
Description of part of Caithness Salmon Fishery District	Period or periods for rod and line fishing (dates are inclusive)
(a) Forss
The catchment area of each river which flows into the sea between Geodh Eisgiadh (Ordnance Survey Grid Reference NC 91946537) and the most northerly point of Brims Ness (Ordnance Survey Grid Reference (ND 04107145); and the adjacent area of sea.	27th August to 31st October.
(b) Thurso and Stroma
The catchment area of each river which flows into the sea between Brims Ness aforesaid and the most north easterly point of Duncansby Head (Ordnance Survey Grid Reference ND 40577339); the Island of Stroma; and the adjacent areas of sea.	27th August to 5th October and 11th January to 10th February.
(c) Wick
The catchment area of each river which flows into the sea between Duncansby Head aforesaid and Stack of Ulbster (Ordnance Survey Grid Reference ND 33954159); and the adjacent area of sea.	27th August to 31st October.
(d) Dunbeath
The catchment area of each river which flows into the sea between Stack of Ulbster aforesaid and the point where a line drawn south-east from Dunbeath Castle intersects mean low water springs (Ordnance Survey Grid Reference ND 15802828); and the adjacent area of sea.	27th August to 15th October.
(e) Berriedale
The catchment area of each river which flows into the sea between the said point drawn south-east from Dunbeath Castle aforesaid and Ord Point (Ordnance Survey Grid Reference ND 06151749); and the adjacent area of sea.	27th August to 31st October.

Explanatory Note

(This note is not part of the Order)

This Order creates a new salmon fishery district, to be known as the Caithness Salmon Fishery District, by amalgamating the salmon fishery districts of Forss, Thurso, Wick, Dunbeath and Berriedale (which are abolished) along with the island of Stroma (article 2 and Schedule 1).

Article 3 provides for the retention of regulations relating to matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 (for example due observance of the weekly close time and the meshes of nets) which applied in the superseded districts. These will apply in the new district.

Article 4 and Schedule 2 provide that the annual close time for the new district is from 27th August to 10th February in each year, and that the period in each year within that close time when rod and line fishing only is permitted is–

(a) from 27th August to 31st October, in the case of the Forss, Wick and Berriedale areas;

(b) from 27th August to 5th October and from 11th January to 10th February, in the case of the Thurso and Stroma area; and

(c) from 27th August to 15th October, in the case of the Dunbeath area.

(1)

1986 c. 62.

(2)

1862 c. 97, 1863 c. 50, 1864 c. 118, 1868 c. 123; by virtue of Schedule 5 to the Salmon Act 1986 these Acts have been repealed with the exception of certain provisions in the 1868 Act.