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Statutory Instruments
1987 No. 1054
RIVER, ENGLAND AND WALES
SALMON AND FRESHWATER FISHERIES
The Northumbrian Water Authority (T Nets) (Southern Area) Order 1987
Made
22nd April 1987
Coming into force
For the purpose of article 2(1) (b) and (c)
11th June 1987
For all other purposes
11th September 1987
Whereas the Minister of Agriculture, Fisheries and Food, in accordance with paragraph 7 of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975(1), caused notice of his intention to make an order and of the place where copies of the draft of the order could be inspected and obtained, and of the time within and manner in which objections to the draft order might be made, to be published in the London Gazette and in the South Shields Gazette, the Newcastle Journal, the Northumberland and Morpeth Gazette, the Newcastle Evening Chronicle, the Middlesbrough Evening Gazette, the Hexham Courant, the Northern Echo, the Durham Advertiser, the Darlington and Stockton Times and the Sunderland Echo, being such manner as he thought best adapted for informing persons affected;
And whereas the said Minister has considered all the objections made to the draft order;
Now, therefore, the said Minister in exercise of the powers conferred upon him by section 28(3), (5) and (6) of, and paragraph 1(c) of Schedule 3 to, the said Act and of all other powers enabling him in that behalf, on the application of the Northumbrian Water Authority in accordance with paragraph 5(a) of the said Schedule 3, hereby makes the following Order:-
Title, commencement and interpretation
1.-(1) This Order may be cited as the Northumbrian Water Authority (T Nets) (Southern Area) Order 1987; unless a memorial is presented to the Minister of Agriculture, Fisheries and Food in accordance with paragraph 9 of Schedule 3 to the Act praying that it shall be subject to special parliamentary procedure(2), this Order shall come into force for the purposes of sub-paragraph (b) and (c) of article 2(1) on the day after the date of its confirmation by the Minister of Agriculture, Fisheries and Food and for all other purposes at the end of the period of three months beginning with that date.
(2) In this Order-
"the Act" means the Salmon and Freshwater Fisheries Act 1975;
"the southern area" means those tidal waters and parts of the sea which are included in the area of the Northumbrian Water Authority between Souter Point and Horse Back, Boulby Craggs.
Modification of provisions of the Salmon and Freshwater Fisheries Act 1975
2.-(1) In relation to any fisheries within the southern area-
(a)section 6 of the Act(3) shall have effect as if it did not apply in the case of a T net which is not outrigged;
(b)paragraph 21 of Schedule 3 to the Act shall have effect as if the words"(not being fixed engines)" were omitted.
(c)paragraph 25 of that Schedule shall have effect as if the words"(not being a fixed engine)" were omitted.
(2) In paragraph (1) of this article-
"T net" means a net having one or more bags, pockets or monks, a headpiece not exceeding 92 metres in length and a tailpiece not exceeding 230 metres in length, which when shot from a fishing coble in the form of a letter "T" is suspended in the water by means of floats and is or is intended to be maintained stationary by anchors or weights;
"outrigged", in relation to a T net, means set out on the seaward side of, and in a line with, any other such net.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
L.S.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food
22nd April 1987.
Confirmed by the Minister of Agriculture, Fisheries and Food.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1987.
L.S.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food
Explanatory Note
(This note is not part of the Order)
This Order applies only to the southern part of the Authority's area, and modifies in relation to any fisheries within that part of the area section 6 of, and paragraphs 21 and 25 of Schedule 3 to, the Salmon and Freshwater Fisheries Act 1975.
The Order-
(a)permits the use of T nets which are not outrigged throughout that part of the area to which it applies;
(b)enables the Authority to make byelaws regulating in that part of the area the use of fixed engines in relation to fishing for salmon, trout or eels.
Section 6 of the Statutory Orders (Special Procedure) Act 1945 (c. 18 9 & 10 Geo. 6) makes provision for orders subject to special parliamentary procedure.
Section 6 was amended by section 33(1) and (2) of the Salmon Act 1986 (c. 62).