Salmon Act 1986

Last updated

Salmon Act 1986
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make fresh provision for the administration of salmon fisheries in Scotland; to provide as to the licensing and regulation of salmon dealing in Scotland and in England and Wales; to provide for, and as respects, certain offences in the law of Scotland and in the law of England and Wales in connection with salmon; to amend the Salmon and Freshwater Fisheries Act 1975, section 5 of the Sea Fisheries Regulation Act 1966 and section 9 of the Diseases of Fish Act 1983; to provide for the review of salmon fishing by means of nets; and for connected purposes.
Citation 1986 c. 62
Territorial extent England and Wales; Scotland
Dates
Royal assent 7 November 1986
Commencement 7 November 1986
Status: Amended
Text of the Salmon Act 1986 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Salmon Act 1986 is a United Kingdom Act of Parliament which outlines legislation that covers legal and illegal matter within the salmon farming and fishing industries. Among the provisions in the Act, it makes it illegal to "handle salmon in suspicious circumstances", [1] which is defined in law as when one believes, or could reasonably believe, that salmon has been illegally fished or that salmon—that has come from an illegal source—has been received, retained, removed, or disposed of.

Contents

Provisions

The act contains 69 paragraphs, dealing with a wide range of detailed matters relating to salmon fisheries. Matters covered include

  1. the definition and registration of "salmon fishery", the legal regulation of close seasons on such fisheries, and the constitution and governance of salmon fishery boards.
  2. regulation of the methods allowed for salmon fishing (specifically, giving the Secretary of State the power to define what is meant by various forms of net fishing)
  3. regulation of the trade-in salmon dealers.

A large part of the Act updates Victorian-era legislation, for instance, the Salmon Fisheries (Scotland) Act 1868.

Handling salmon/fish in suspicious circumstances

As originally enacted, section 32 of the Act was headed "Handling salmon in suspicious circumstances". [2] This section creates an offence in England and Wales or Scotland for any person who receives or disposes of any salmon in circumstances where they believe, or could reasonably believe, that the salmon has been illegally fished. Essentially, this is a provision aimed at reducing salmon poaching by making the handling of poached salmon a criminal offence.[ original research? ] Section 22 introduces a parallel provision into Scottish law. [3] As amended by section 229 of the Marine and Coastal Access Act 2009, section 32 is now headed "Handling fish in suspicious circumstances" and consequently applies not only to salmon but also to trout, eels, lampreys, smelt, and freshwater fish, as well as any additional fish that may be specified by an order under section 40A of the Salmon and Freshwater Fisheries Act 1975. [4]

The offence (whether as originally enacted, as amended, or both) is regularly cited, often without context, in lists of quirky, absurd, or archaic British laws. [1] [5] [6] [7]

Related Research Articles

<span class="mw-page-title-main">Indecent exposure</span> Public indecency involving nudity

Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition of the exposure of any body parts other than the hands or face to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.

<span class="mw-page-title-main">High Court of Justiciary</span> Supreme criminal court in Scotland

The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.

<span class="mw-page-title-main">Sexual Offences Act 2003</span> United Kingdom legislation

The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.

Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.

Fisheries and Oceans Canada is a department of the Government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters. Its mandate includes responsibility for the conservation and sustainable use of Canada's fisheries resources while continuing to provide safe, effective and environmentally sound marine services that are responsive to the needs of Canadians in a global economy.

<span class="mw-page-title-main">Computer Misuse Act 1990</span> United Kingdom legislation

The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in R v Gold & Schifreen (1988) 1 AC 1063. Critics of the bill complained that it was introduced hastily, was poorly thought out, and that intention was often difficult to prove, with the bill inadequately differentiating "joyriding" hackers like Gold and Schifreen from serious computer criminals. The Act has nonetheless become a model from which several other countries, including Canada and the Republic of Ireland, have drawn inspiration when subsequently drafting their own information security laws, as it is seen "as a robust and flexible piece of legislation in terms of dealing with cybercrime”. Several amendments have been passed to keep the Act up to date.

<span class="mw-page-title-main">Proceeds of Crime Act 2002</span> British statute law on confiscation and money laundering

The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK.

<span class="mw-page-title-main">Snagging</span> Fishing technique

Snagging, also known as snag fishing, snatching, snatch fishing, jagging (Australia), or foul hooking, is a fishing technique for catching fish that uses sharp grappling hooks tethered to a fishing line to externally pierce into the flesh of nearby fish, without needing the fish to swallow any hook with its mouth like in angling. This is achieved by suddenly and vigorously pulling the line when movement is felt, causing the snag hook to "claw" into any fish unfortunate enough to be grappled by the hook points. Weighted multi-hook rigs can be used to increase chances of success, and modern technologies such as underwater video camera can also be used to visually aid and time the snagging.

<span class="mw-page-title-main">Health and Safety at Work etc. Act 1974</span> United Kingdom legislation

The Health and Safety at Work etc. Act 1974 is an Act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.

A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. The position has existed in many jurisdictions throughout history.

<span class="mw-page-title-main">Wildlife inspector</span>

A wildlife inspector is a person empowered by law to protect wildlife.

<span class="mw-page-title-main">Marine Directorate (Scottish Government)</span> Directorate of the Scottish Government

The Scottish Government's Marine Directorate is responsible for managing Scotland's seas and freshwater fisheries along with delivery partners NatureScot and the Scottish Environment Protection Agency.

The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.

The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.

Fisheries Act is a stock short title used for legislation in multiple countries relating to fisheries. The Bill for an Act with this short title will have been known as a Fisheries Bill during its passage through Parliament.

<span class="mw-page-title-main">Fisheries law</span> Regulations regarding fishing activities

Fisheries law is an emerging and specialized area of law. Fisheries law is the study and analysis of different fisheries management approaches such as catch shares e.g. Individual Transferable Quotas; TURFs; and others. The study of fisheries law is important in order to craft policy guidelines that maximize sustainability and legal enforcement. This specific legal area is rarely taught at law schools around the world, which leaves a vacuum of advocacy and research. Fisheries law also takes into account international treaties and industry norms in order to analyze fisheries management regulations. In addition, fisheries law includes access to justice for small-scale fisheries and coastal and aboriginal communities and labor issues such as child labor laws, employment law, and family law.

<span class="mw-page-title-main">Salmon and Freshwater Fisheries Act 1975</span> United Kingdom legislation

The Salmon and Freshwater Fisheries Act 1975 is a law passed by the government of the United Kingdom in an attempt to protect salmon and trout from commercial poaching, to protect migration routes, to prevent willful vandalism and neglect of fisheries, ensure correct licensing and water authority approval. This helps to sustain the rural inland freshwater fisheries industry, which employs around 37,000 people in the UK.

<span class="mw-page-title-main">Salmon and Freshwater Fisheries Act 1923</span> United Kingdom legislation

The Salmon and Freshwater Fisheries Act 1923 was an Act of Parliament passed by the United Kingdom Government which attempted to consolidate fishery legislation, which at the time consisted of the Salmon Fishery Act 1861 and 18 amending Acts which had been passed subsequently.

<i>Fisheries Act</i> (Canada)

The Fisheries Act is legislation enacted by the Parliament of Canada, governing the powers of government to regulate fisheries and fishing vessels. The act has been undergoing major regulatory revisions in recent years, including those attached to treaty rights of Miꞌkmaq in Atlantic Canada. The Minister designated under the Act is the Ministers of Fisheries, Oceans and the Canadian Coast Guard.

References

  1. 1 2 Bell, Bethan (31 May 2016). "Odd laws you may unknowingly break". BBC News . Retrieved 26 March 2019.
  2. "Salmon Act 1986". Legislation.gov.uk. National Archives. Section 32.
  3. "Salmon Act 1986". Legislation.gov.uk. National Archives. Section 22.
  4. "Marine and Coastal Access Act 2009". Legislation.gov.uk. National Archives. Section 229.
  5. Oobah Butler (14 September 2017). "I Broke Some Old Laws in Front of Police to See If They'd Arrest Me". Vice . Retrieved 9 July 2022.
  6. Leggat, Iain (19 February 2021). "10 weird and wonderful UK laws that might surprise you". Yorkshire Evening Post . Retrieved 24 December 2022.
  7. Kettle, Emilia (10 December 2022). "10 bizarre UK laws that you may have broken". The Herald . Retrieved 5 September 2023.