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Introductory Text
PART 1 ADMINISTRATION
1.Citation, commencement, application and extent
2.Definition of the Tweed district
3.Definition of Estuary Limits
4.Interpretation
5.The River Tweed Commission
6.Election of Proprietary Commissioners
7.Representative Commissioners
8.Chief Commissioner and Deputy
9.Functions of the Commission
10.Application of the seal
Officers and Employees
11.Officers and employees
Meetings of the Commission
12.Meetings of the Commission
13.Quorum at Commission meetings
14.Votes at Commission meetings
15.Expenses
Valuation and Finance
16.Valuation
17.Information for valuation
18.Fishery Assessment
19.Enforcement
20.Annual report
Miscellaneous
21.Power to conduct inquiries and to obtain information
PART 2 METHODS OF FISHING AND OFFENCES RELATED TO FISHING
Methods of fishing
22.Methods of fishing: salmon
23.Methods of fishing: freshwater fish
24.Use of landing net
25.Definition of “rod and line”
Offences related to fishing for salmon and freshwater fish
26.Prohibition against using explosive and other noxious substances for the destruction of fish
27.Fishing for salmon without right or permission
28.Illegal fishing by two or more persons acting together
29.Taking of dead fish
30.Illegal possession of salmon or trout
31.Removal of obstructions
32.Offences in relation to passage of salmon
33.Fishing in waters where fishing rights owned by one person
34.Contravention of protection order
Close times for salmon
35.Weekly close time for salmon
36.Annual close time for salmon
37.Fishing for salmon during annual close time
38.Removal of boats and nets during annual close time
39.Buying and selling salmon in annual close time
Close time for trout
40.Annual close time for trout
Offences relating to sale, purchase and possession of salmon and trout
41.Unclean salmon
42.Salmon roe
43.Possessing salmon which have been illegally taken, killed or landed
44.Packages of salmon or trout to be marked
45.Size limit for trout
46.Young salmon and spawning beds
47.Unauthorised introduction of fish or fish eggs into certain waters
Exemptions
48.Exemption from certain offences of acts done for scientific and other purposes: salmon
49.Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon
50.Exemption from certain offences in respect of certain acts in relation to salmon
51.Exemptions in relation to fish farming
Regulation of fisheries
52.General orders
53.Salmon fishing: orders as to baits and lures
Conservation measures
54.Salmon conservation orders
Procedures
55.Procedure for making certain orders
PART 3 ENFORCEMENT
Powers of constables and water bailiffs
56.Grant of warrant to search premises or vehicles
57.Powers of constables
58.Powers of constables and water bailiffs to enter land
59.Powers of water bailiffs
Further provision as to offences
60.Offences by bodies corporate
61.Offences in relation to obstruction
Powers of court
62.Power of court in trial for an offence to convict of another
63.Forfeiture
64.Defences
65.Jurisdiction in respect of offences committed on sea coast or at sea
66.Jurisdiction
67.Disqualification of justices
PART 4 PROVISIONS APPLICABLE ONLY IN SCOTLAND
Administration of freshwater fisheries
68.Increased availability of, and protection for, freshwater fishing
69.Appointment of wardens to secure compliance with protection order
70.Powers of entry and obstruction of wardens etc.
71.Financial contributions towards organisations developing freshwater fisheries
Miscellaneous
72.Licensing and regulation of salmon dealing
73.Application of Leases Act 1449
PART 5 PROVISION APPLICABLE ONLY IN ENGLAND AND WALES
74.Power of Commission to prosecute in England and Wales
PART 6 GENERAL
75.Application of this Order to the Crown
76.Consequential amendments, repeals, revocations and transitional provisions
77.Orders
Signature
SCHEDULE 1
REPRESENTATIVE COMMISSIONERS
SCHEDULE 2
ESTUARY LIMITS ORDERS, ANNUAL CLOSE TIME ORDERS AND SALMON CONSERVATION ORDERS
1.Estuary limits orders
2.An application under paragraph 1 shall be accompanied by the...
3.Annual close time orders
4.An application under paragraph 3 shall be accompanied by the...
5.Salmon conservation orders
6.An application under paragraph 5(a) shall be in writing and...
7.In the application of paragraphs 8 to 13 to a...
8.Common provisions with respect to orders
9.(1) Before making an order, the Scottish Ministers shall direct...
10.At any time, the Scottish Ministers may alter the proposals...
11.Making of annual close time, estuary limits or salmon conservation order
12.(1) If any representation or objection duly made is not...
13.After considering the report of the person appointed to hold...
14.Applications under this Schedule may be communicated and stored electronically....
SCHEDULE 3
PROVISIONS AS TO MAKING, VARIATION AND REVOCATION OF PROTECTION ORDERS
1.Making of protection order
2.The notice to be given under paragraph 1 shall be...
3.The Scottish Ministers may direct that, in addition to publication...
4.If no representations or objections are duly made, or if...
5.(1) If any representation or objection duly made is not...
6.After considering the report of the person appointed to hold...
7.As soon as may be after a protection order has...
8.Variation of protection order
9.Revocation of protection order
10.Publication of orders
SCHEDULE 4
CONSEQUENTIAL AMENDMENTS, REPEALS AND REVOCATIONS
PART 1 CONSEQUENTIAL AMENDMENTS
1.Sea Fish (Conservation) Act 1967 (c. 84)
2.Salmon and Freshwater Fisheries Act 1975 (c. 51)
3.Inshore Fishing (Scotland) Act 1984 (c. 26)
4.Scotland Act 1998 (c. 46)
PART 2 REPEALS AND REVOCATIONS
Explanatory Note