The River Forth Salmon Fishery District (Baits and Lures) Regulations 1999

Scottish Statutory Instruments

1999 No. 188

SALMON AND FRESHWATER FISHERIES

The River Forth Salmon Fishery District (Baits and Lures) Regulations 1999

Made

14th December 1999

Coming into force

1st January 2000

The Scottish Ministers, on application to them by the River Forth District Salmon Fishery Board 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 them by section 8 of that Act and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the River Forth Salmon Fishery District (Baits and Lures) Regulations 1999 and shall come into force on 1st January 2000.

(2) In these Regulations, “organic bait” means bait made up in whole or in part of any fish or any other animal or any part of a fish or other animal or eggs of any fish, but does not include natural prawns or shrimps.

Specification of organic bait and lures having more than one hook

2.—(1) Organic bait is hereby specified as a 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(2).

(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.

(3) This regulation applies to the River Forth salmon fishery district between–

(a) 1st February and 31st May, and

(b) 27th August and 31st October,

all dates inclusive, in each year.

Specification of natural prawns and shrimps as baits

3.—(1) Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are hereby specified as baits and lures for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

(2) This regulation applies to the River Forth salmon fishery district between 1st January and 31st December, both dates included, in each year.

Revocation

4.  The River Forth Salmon Fishery District (Baits and Lures) Regulations 1996(3) are hereby revoked.

G M THOMSON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

14th December 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify certain baits and lures 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 specification applies to the whole of the River Forth salmon fishery district.

Regulation 2(1) specifies organic bait (as defined in regulation 1(2)), regulation 2(2) specifies lures having more than one hook (other than a lone double, or a lone treble, hook) and regulation 3 specifies natural prawns and shrimps.

The specification of organic bait and lures having more than one hook applies for part of the year. The specification of natural shrimps and prawns applies throughout the year. The Regulations revoke the River Forth Salmon Fishery District (Baits and Lures) Regulations 1996 (regulation 4). The prohibitions contained in these Regulations are re-enacted in regulation 3.

The effect of the Regulations is to prohibit the use of those baits and lures when fishing by rod and line for salmon or sea trout.

(1)

1986 c. 62. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

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

(3)

S.I. 1996/2641.