from waters frequented by salmon or migratory trout, for the purposes of a water or canal undertaking, or for the purposes of a mill (1). Gratings are not compulsory in other waters, but a fishery board has power, with the consent of the Minister, to maintain gratings or other suitable devices in any channel conveying water from any waters frequented by salmon or migratory trout, or anywhere where it is desirable that these fish should be prevented from entering. It is an offence to injure or unlawfully remove or open any such grating or device (k). for salmon. Part III. of the Act deals with the close seasons and the sale Close seasons and exportation of fish. The annual close season for salmon, unless some other period has been fixed in the locality by byelaw, is the period between the 31st day of August and the 1st day of February following. The close season for rod fishing is the period between the 31st day of October and the 1st day of February following, and the close season for putts and putchers is from the commencement of the annual close season until the ist day of May. Except with the permission of the fishery board (if any) or of the Minister no one may fish for salmon by any method between the 31st day of October and the 1st day of February. A rod and line may be used in the period between the 31st day of August and the 1st day of November; between the 31st day of January and the 1st of May the use of putts and putchers only is forbidden. During the annual close season nothing may be done to deter salmon from passing up a river, and all fixed engines must on the commencement of the annual close season be removed or rendered incapable of taking or cbstructing the passage of salmon, and must not be returned until the end of that season. In the case of putts and putchers this will not be till the 1st day of May (1). The weekly close time is from 6 a.m. on Saturday to 6 a.m. on the following Monday; during that time only rod and line and putts and putchers may be used to catch salmon, and all fixed engines must be removed or rendered incapable of catching or obstructing salmon (m). During both the annual and weekly close times any kind of fishing for fish, other than salmon, which is legal may be used. (i) Section 23. This obligation to maintain gratings does not apply to the occupier of a mill where the conduits were constructed before July 18, 1923, and is never to apply so as to interfere with the navigation of a canal: ibid., sub-s. 5, 6. (k) Section 24. If the insertion of gratings causes injury, compensation may be obtained from the fishery board: ibid., sub-s. 6. (D) Sections 26, 28, 29. (m) Sections, 27, 28, 29. The weekly close times may be varied by bye-laws : ibid., s. 59. Sale of salmon in close season. Close season for migratory trout, trout and char. Sale. Rainbow trout. Freshwater fish. Between the 31st day of August and the 1st day of February following it is illegal to buy, sell or expose for sale, or have in possession for sale, any salmon or part of a salmon, unless it has been canned, frozen, cured, salted, pickled, dried or otherwise preserved beyond the limits of Great Britain and Ireland, or within those limits between the 1st day of February and 31st day of August, or was a clean fish caught beyond those limits, or was clean and mature and caught within those limits by an instrument, other than a rod and line, lawfully used at the time and place where it was caught (n). Except where a bye-law has fixed some other period, the annual close season for all trout and char, other than rainbow trout, is the period between the 31st day of August and the 1st day of March following. The annual trout close season for rod and line is the period between the 30th day of September and the 1st day of March following. Unless the permission of the fishery board (if any) or the Minister has been obtained no one may fish for these fish between the 30th day of September and the 1st day of March; but between the 31st day of August and the 1st day of October rods may be used. In waters where migratory trout are found no one may during the annual close season place any obstruction, use any contrivance or do any act for the purpose of deterring them from passing up stream: so all fixed engines must be removed or rendered incapable of catching these fish during that time. The weekly close time is the same as that for salmon, and if the waters are frequented by migratory trout the same conditions as to removal of obstructions apply (0). Except for the purpose of artificial propagation or the stocking or restocking of waters, or for some scientific purpose no one may buy, sell or expose for sale, or have in possession for sale any migratory trout, trout (other than rainbow trout) or char between the 31st day of August and the 1st day of March following. It is no excuse that their capture was lawful at the time and place where they were caught, or that they were captured outside the limits of Great Britain and Ireland (p). There is no close season for these fish, and they may be sold at any time of the year. The annual close season for freshwater fish is the period between the 14th day of March and the 16th day of June, unless some other period is fixed by bye-law. During that period the fish can only be taken in certain private fisheries, but they must (n) Section 30. According to Reg. v. Keyn, 2 Ex. D. 63, the limits of Great Britain would not include the belt of territorial waters. (0) Section 31. (p) Section 32; see Price v. Bradley (1885), 6 Q. B. D. 148. not be bought or sold or exposed for sale, unless they are preserved for bait or intended for the stocking or restocking of any fishery (q). There is no close season for eels, but there are times when Eels, elvers the use of certain instruments for their capture is forbidden. and lamperns. Thus, during the annual close season for freshwater fish they, may not be captured by rod and line unless a bye-law allows it, and between the 31st day of December and the 25th day of June no one may use in waters frequented by salmon or migratory trout any basket, nets, traps or devices for catching eels, or place in any inland water any device to catch fish descending a river. Between the 1st day of August and the 1st day of March baskets, traps or devices to catch eels must not be placed on the apron of a weir. Eel baskets not exceeding ten inches in diameter, constructed to be fished with bait, and not used at a dam or other obstruction, or in any conduit or artificial channel by which water is deviated from a river, and any device authorised by a fishery board (if any) or the Minister, may be used at all times (r). Lamperns may be captured by means of wheels or leaps on the apron of a weir between the 1st day of August and the 1st day of March following (s). There is in the Severn fishery district and fry of eels, namely the period a close season for elvers between the 31st day of December and the 1st day of March, and between the 25th day of April and the 25th day of June (†). of fish. Unclean salmon or trout, or salmon or trout caught during Export and the time at which their sale is prohibited in the district in which consignment they were caught, may not be exported from England or Wales, and any salmon or trout intended for export between the 31st day of August and the 1st day of May must be entered for the purpose with the proper officer of Customs. During that time any officer of Customs may open any package suspected of containing fish and detain the contents until proof that they may be exported is given (u). Salmon or trout may not be consigned or sent by a common or other carrier unless the package containing them is conspicuously marked on the outside with the word “salmon" or "trout,” (q) Section 35. Freshwater fish means any fish living in fresh water exclusive of salmon and trout, and of any kinds of fish which migrate to and from tidal waters, and of eels and the fry of eels. The prohibition against the sale of these fish applies to them wherever they may have been caught: Price v. Bradley, supra. 594. (r) Sections 35, 36; apron of weir see Maw v. Holloway, [1914] 3 K. B. (8) Section 36 (b). (t) Section 87. (a) Sections 33, 79. He may destroy the fish if they become unfit for food, or he may sell them before that happens. Fishery as the case may be, and any officer of a fishery board in his district, any market official within the jurisdiction of the market, any officer appointed for the purpose by the Minister, any officer of the Fishmongers' Company, and any police officer may open any package suspected of containing salmon or trout which are being dealt with contrary to law, and may detain the fish until proof is given to the contrary (x). Parts IV. to VII. deal with fishery districts and fishery boards and their powers. For the local regulation of salmon and freshwater fisheries, the Minister may, on the application of an existing fishery board, or of a county council, or of persons who, in the opinion of the Minister, are the owners of one-fourth at least in value of the several fisheries proposed to be regulated, or constitute a majority of the persons holding licences to fish in public waters within the area of the proposed Order, or of any association of persons which, in his opinion, is sufficiently representative of fishing interests within such area, make an Order creating a fishery board and a fishery district (y). When the Minister has made the Order it is final and has effect as an Act of Parliament, unless within thirty days a memorial is presented against it and is not withdrawn-then it must be confirmed by Parliament. When the Order may affect property of the Crown, or the Duke of Cornwall, or any Government Department the consent of the responsible officer must be obtained, and no order can be made relating to the river Lee without the consent of the Conservancy Board (z). The Order may provide for defining the area of the fishery district, the constitution and incorporation of the fishery board, excepting or modifying any of the provisions of the Salmon and Freshwater Fisheries Act, 1923, with respect to fishery boards and fishery districts, the imposition, collection, and recovery of contributions to be assessed on several fisheries regulated by the Order, enabling the fishery board to erect and work any fixed engine for salmon or migratory trout and for that purpose to acquire any land or easement necessary (a). The Order may also modify any of the provisions of the Act which relate to the regulation of fisheries, or of any local Act relating to any fishery within the area; abolish any existing board or alter the area of its district or the constitution of the board, and confer on any (x) Sections 34, 79. The fish may be sold or destroyed. (y) Sections 37, 38. (z) Sections 40-43. (a) Section 38. The profits of the engine must be used for the maintenance, improvement and development of the fisheries in the district, and is not to be worked for more than five years unless authorised by the Minister: ibid., sub-s. 1, (e) proviso. existing board any powers that can be conferred on any board established under this Act. The Order may also contain any incidental, consequential or supplemental provisions, including provisions for payment of compensation to persons injuriously affected by the Order, which may appear to be necessary or proper (b). boards. The fishery boards are composed of:-1. not more than five The constitumembers annually appointed by the County Council, if there is tion of fishery cnly one in the district, otherwise three members for each County Council in the district; 2. the owners or occupiers or their lawful representatives of every fishery assessed to the poor rate on a gross rental of £30 a year or more, or owners of land of an annual value of not less than £100 having a water frontage of not less than one mile who have the right to fish in such waters and have paid licence duty during the preceding fishing season; 3. representative members elected by holders of licences to fish in public waters for salmon otherwise than with rod and line; and 4. representatives of holders of licences for rod fishing for fish other than salmon (c). The proceedings of the fishery boards are regulated by sec- Proceeding of tions 47, 48, 49 and 53 of the Salmon and Freshwater Fisheries fishery boards. Act, 1923. In addition to the powers which may be conferred on the Powers of boards by the Order creating them, they have power to apply for fishery boards. an order for the creation of a fishery district or to oppose the making of any such order and pay any expenses incurred in so doing (d), to hold lands without a licence in mortmain and to sell and lease any land not required for the purposes of the board (e); to authorise the taking of fish by illegal methods or during the annual close season or weekly close time for certain purposes (f); to direct that illegal fixed engines placed in waters frequented by salmon or migratory trout be taken possession of or destroyed (g); to purchase or lease (either by agreement or, if so authorised. compulsorily) any dam, fishing weir, fishing mill dam, fixed engine, or other artificial obstruction and any fishery attached to or worked in connection therewith and to alter or remove the obstruction or to use it for fishing purposes (h); to remove the fishing machinery or other obstruction to the free passage of fish from any fishing mill dam, the right to use which for fishing purposes has been forfeited (i); to take steps to secure that the fish passes at dams are effective and maintained, and to recommend to the Minister to exempt a dam from the obligation to have a fish pass (b) Section 38. (d) Sections 39, 40. (f) Sections 1-5, 26, 31. (h) Section 16. (c) Sections 45-50. (g) Section 11. (i) Section 14. |