The River Tweed (Baits and Lures) Regulations 1998

Statutory Instruments

1998 No. 6 (S.3)

RIVER, SCOTLAND

SALMON AND FRESHWATER FISHERIES

The River Tweed (Baits and Lures) Regulations 1998

Made

6th January 1998

Coming into force

1st February 1998

The Secretary of State, on application to him by the River Tweed Council, having consulted and directed that notice be given in accordance with paragraphs 3 and 4 of Schedule 1 to the Salmon Act 1986(1), as applied by section 8(5) of that Act, and having considered objections made to the application, in exercise of the powers conferred on him by section 8(2) of that Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the River Tweed (Baits and Lures) Regulations 1998 and shall come into force on 1st February 1998.

Specification of baits and lures

2.—(1) Any worm (whether fresh or preserved) and any part thereof is hereby specified as bait for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951(3).

(2) Any lure having more than one hook (other than a lone double, or lone treble, hook) attached to it is hereby specified as a lure for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

Areas of application

3.  These regulations apply to the following areas–

(a) the Rivers Ettrick and Yarrow together with their tributaries;

(b) the River Tweed (other than its tributaries) downstream from its confluence with the River Ettrick; and

(c) the following parts of the tributaries of the River Tweed:

(i) the Gala Water downstream from ( and including) Boleside road bridge;

(ii) the Leader Water downstream from (and including) Leaderfoot bridge;

(iii) the River Teviot downstream from (and including) the Kelso to St Boswells road bridge;

(iv) the River Till downstream from (and including) the Twizel Cauld; and

(v) the River Whiteadder downstream from (and including) the Newmills Cauld.

G M Thomson

Assistant Secretary, Scottish Office

Pentland House,

Edinburgh

6th January 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify–

1.  any worm (whether fresh or preserved) and any part thereof, as bait (article 2(1)), and

2.  any lure having more than one hook (other than a lone double, or lone treble, hook) attached to it, as a lure (article 2(2)),

• for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

• The Regulations apply to the Rivers Ettrick and Yarrow and their tributaries, part of the main stem of the River Tweed and parts of certain tributaries of the River Tweed (article 3).

• The effect of the Regulations is to prohibit the use of any worm or any part of one as bait and any lure having more than one hook attached when fishing by rod and line for salmon or sea trout in the areas specified.

(1)

1986 c. 62.

(2)

Section 8 has effect in relation to the River Tweed by virtue of section 10(4) of the Salmon Act 1986.

(3)

1951 c. 26; the definition of “rod and line” in section 24(1) was amended by section 8(6) of the Salmon Act 1986.