1
Any offence under section 2(2)(a) of the Salmon and Freshwater Fisheries Act 1975 (taking, killing or injuring or attempting to take, kill or injure, unclean or immature fish).
Fisheries Act 1981 SCHEDULE 4 — Exemptions for Fish Farming
Part I — Offences to Which Section 33(1) of This Act Applies
Offences under the Salmon and Freshwater Fisheries Act 1975
2
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3
Any offence under section 5(1) of that Act (prohibition on use of explosives, poison or electrical devices to take or destroy fish) relating to the use of a noxious substance or electrical device, and any offence under section 5(4) of that Act relating to the possession of such a substance or device.
4
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5
Any offence under section 27 of that Act (fishing for or taking fish without a licence or possession of equipment with intent to use it for an unlicensed purpose).
Offences against byelaws relating to salmon and other freshwater fishing
6
Any offence under section 211 of the Water Resources Act 1991 consisting in a contravention of a byelaw made for any of the following purposes mentioned in paragraph 6(2) of Schedule 25 to that Act— (a) prohibiting the taking or removal from any water without lawful authority of any fish to which paragraph 6 of that Schedule applies, whether alive or dead; (aa) specifying close seasons or times for the taking of any fish to which that paragraph applies by such means as may be prescribed by the byelaws; (b) prohibiting or regulating the taking of any fish to which that paragraph applies of a size greater or less than that prescribed by the byelaw; (c) prohibiting the use for taking fish to which that paragraph applies of any instrument ... in such waters and at such times as are prescribed by the byelaw; (d) specifying the nets and other instruments ... which may be used for taking fish to which that paragraph applies and imposing requirements as to the use of such nets and other instruments; (e) imposing requirements as to the construction, design, material and dimensions of any such nets or instruments, including in the case of nets the size of mesh; (f) prohibiting the carrying in any boat or vessel whilst being used in fishing for fish to which that paragraph applies of any net which may not lawfully be used , or which is without the mark, label or number prescribed by the byelaw; (g) prohibiting or regulating the carrying in a boat or vessel during any close season or time for any description of fish to which that paragraph applies of a net capable of taking fish of that description , other than a net commonly used in the area to which the byelaw applies for sea fishing and carried in a boat or vessel commonly used for that purpose.
Offences relating to sea fishing
7
Any offence consisting of a contravention of a byelaw made under section 4 of the Sea Fisheries (Scotland) Amendment Act 1885 (byelaws prohibiting or regulating methods of fishing).
8
Any offence under section 6(1) of the Herring Fishery (Scotland) Act 1889 (prohibition on beam or otter trawling in certain areas) and any offence consisting of a contravention of a byelaw made under section 7(1) of that Act (power to prohibit beam or otter trawling in certain other areas).
9
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10
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11
Any offence under section 17 of the Sea Fisheries (Shellfish) Act 1967 of taking an edible crab or landing a lobster in a condition prohibited by subsection (1) or (3) of that section.
12
Any offence under section 1(1) or (3) of the Sea Fish (Conservation) Act 1967 (landing or carrying fish smaller than prescribed size which do not meet prescribed size requirements ).
13
Any offence under section 3(5) or (5A) of that Act (contravention of order regulating nets and gear).
14
Any offence under section 4(3) or (9A) of that Act (contravention of order prohibiting fishing without licence and failure to return to sea fish caught in contravention of such a prohibition).
15
Any offence under section 4A(3) of that Act (contravention of order prohibiting trans-shipment of fish without licence).
16
Any offence under section 5(1) or (6) of that Act (contravention of order prohibiting or restricting fishing and failure to return to sea fish caught in contravention of such a prohibition).
17
Any offence under section 6 of that Act (landing or trans-shipping fish in contravention of order).
17A
Any offence under section 3 of the Inshore Fishing (Scotland) Act 1984 (fishing with mobile gear near fixed salmon nets or contravention of order restricting fishing for sea fish).
17B
Any offence under section 163 of the Marine and Coastal Access Act 2009 (contravention of byelaws made by inshore fisheries and conservation authorities).
17C
Any offence under section 190 of the Marine and Coastal Access Act 2009 (contravention of an order made by the Welsh Ministers in relation to fisheries in Wales).
Part II — Offences to which section 33(5) of this Act Applies
Offences relating to freshwater fish and salmon
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19
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20
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22
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25
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26
An offence under section 2(2)(b) of the Salmon and Freshwater Fisheries Act 1975 (buying, selling, exposure for sale or possession of unclean or immature fish or parts of such fish).
27
Any offence under section 22(1) of that Act (buying, selling, exposure for sale or possession for sale of fish at prohibited times of year).
28
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Offences relating to sea fishing
29
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30
Any offence under section 16 of the Sea Fisheries (Shellfish) Act 1967 (sale, exposure for sale, buying for sale or consignment for the purpose of sale of oysters at prohibited times of year).
31
Any offence under section 17(1) of that Act of possessing, selling or offering for sale, buying for sale or consigning for the purpose of sale an edible crab in a condition prohibited by that subsection.
32
Any offence under section 17(3) of that Act of selling, exposing or offering for sale, or possessing for the purpose of sale a lobster in a condition prohibited by that subsection.
33
Any offence under section 1(2) of the Sea Fish (Conservation) Act 1967 (selling, exposing or offering for sale, or possessing for the purpose of sale fish which do not meet the prescribed size requirements ).
34
Any offence under section 2 of that Act (possession for use in the course of a business of fish prohibited from being sold under section 1(2) of that Act).
34A
Any offence under section 3 of the Inshore Fishing (Scotland) Act 1984 (fishing with mobile gear near fixed salmon nets or contravention of order restricting fishing for sea fish).
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