Gaff & Tailer Byelaws repeal doc

ENVIRONMENT AGENCY WATER RESOURCES ACT 1991​

The Environment Agency, in exercise of powers conferred on it under section 210 of, and paragraph 6(1)(b) of Schedule 25 to, the Water Resources Act 1991 hereby makes the following Byelaws.
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The following byelaws shall be amended:​

9​

It shall be an offence to use for the purpose of taking salmon, trout, freshwater fish and eels any instrument other than is permitted by this byelaw in relation thereto, namely;

a. For salmon, trout, freshwater fish and eels:
A rod and line and as an auxiliary thereto a landing net.

2. For Byelaw numbered 5 (which applies in Midlands Region and was confirmed on 10th day of September 1979) substitute:-

5​

(a) The kind of nets and other instruments (not being fixed engines) which may be used lawfully in taking salmon and migratory trout shall be as follows:-
i) Draft nets; landing nets used in connection with rod and line
used as an auxiliary to angling with rod and line, lave nets.

3. For Byelaw numbered 10 (which applies in Midlands Region and was confirmed on 16th day of September 2003) substitute:-

10.​

No person shall use any form of net or other instrument (not being a fixed engine) for taking non-migratory trout, freshwater fish and eels (including elvers) other than by those methods listed in a) and b)
below.
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i) no person shall fish from a boat which is in motion;
ii) the net frame shall be no greater than 1 metre at its widest point and 1.25 metres in overall length;
iii) a label issued by the Authority and bearing the licence or authorisation number shall be attached to the handstaff or headboard

4. For Byelaw numbered 6 (which applies in North East Region and was confirmed on 21st day of February 1995) substitute:-
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6.​

(a) Subject to paragraph (b) of this Byelaw, no person shall use or have in his possession with the intention of using for the purpose of taking fish within the Area or Coastal Area any instrument other than is permitted by this Byelaw, namely:

(i) a rod and line;
(ii) as an auxiliary to angling with a rod and line;
(aa) a hand landing net,
(iii) a drift net.

(b) Paragraph (a) shall not apply to a "T" net, "J" net or an eel trap authorised under Byelaw 16.

5. For Byelaw numbered 20 (which applies in North West Region and was confirmed on 11th day of October 1989) substitute:-

20​

(i) On rivers, streams, those parts of rivers canalised for navigation purposes, no person shall use a keep net or any other means of retaining any kind of fish during the close season for coarse fishing:-
6. For Byelaw numbered 7 (which applies in Cornwall Area of the former South Western Region of the National Rivers Authority and was confirmed on 19th day of October 1964) substitute:-
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7.​

The kinds of nets and other instruments which (subject to Byelaw No.8) may lawfully be used for taking salmon or migratory trout within the Area, that is to say:-
(1) in so much of the area as lies above or to the landward side of the
following lines respectively:
(a) a line near the mouth of the River Tamar drawn straight from the seaward extremity of Devil’s Point to the seaward extremity of the landing place near Garden Battery at Mount Edgcumbe;

(b) a line near the mouth of the River Plym, drawn true north from the harbour light at Mount Batten breakwater until it reaches the Citadel Sea Wall;

(c) a line near the mouth of the River Yealm drawn true north from the seaward extremity of Mouth-stone Point until it reaches the opposite shore near Wembury;

(d) a line near the mouth of the River Fowey drawn straight from the seaward extremity of Saint Catherine’s Point to the seaward extremity of Punch Cross;

(e) a straight line across the mouth of every other stream, river or estuary not otherwise specified but excluding the River Camel; shall be draft or seine nets, and rod and line.

(2) In all other parts of the Area in which their use is not prohibited by these Byelaws such nets and other instruments shall be draft or seine nets, drift or hang nets, and rod and line.

The use for taking salmon and migratory trout within the Area of all other descriptions of nets and of all other instruments is hereby prohibited, provided that this Byelaw shall not apply:-

(a) to the use of a landing net for the purpose of landing a fish already hooked by means of a rod and line lawfully used;

(b) to any acts done by the Board for the purpose of the artificial propagation of fish or for scientific purposes.

7. For Byelaw numbered 7 (which applies in the former Wessex Area of the former South Western Region of the National Rivers Authority and which was confirmed on the 8th day of November 1993) substitute:-

7.​

A. For taking salmon, trout, freshwater fish and eels the use of the instruments specified below is permitted and the use of all other instruments without authority under any legal enactment is prohibited:

(i) the use of rod and line and a landing net used as auxiliary to rod and line;

(iii) dip nets for taking salmon or migratory trout in the Somerset Area in that part of the River Parrett which lies between Burrow Bridge and a line drawn from Stert Point to the South side of the confluence with the River Brue;

(iv) the use of draft or seine nets for taking salmon or migratory trout as follows:
(a) in the joint estuary of the Rivers Avon and Stour lying seaward of a line drawn from the south east corner of Inveravon to the ditch on Hengistbury Head known as The Canal;
(b) in Poole Harbour;
(v) (a) the use of eel racks, fyke nets and baited traps to take eels, except that the only instrument that shall be used for taking elvers shall be an elver net;
(b) the use of seine nets to take eels within tidal waters in the Avon Dorset area;
8. For Byelaw numbered 6 (which applies in Thames Region and was confirmed on 1st day of October 1981) substitute:-

6.​

The use for taking salmon, trout, rainbow trout or freshwater fish of any net or other instrument (not being a fixed engine) is hereby prohibited:

Provided that this byelaw shall not apply to:-
(i) the use of a rod and line and a landing net used as an auxiliary to
angling with a rod and line;
(iv) the use of a minnow trap during the open season for freshwater fish.
9. For Byelaw numbered 16 (which applies in Southern Region and was confirmed on 30th day of January 1989) substitute:-

16.​

A. Fyke nets may be placed and used for the purpose of taking eels
subject to the following conditions:
(i) The net and leader shall be constructed of a material with a mesh size not
less than 19mm and not greater than 36mm full stretched mesh, if knotted, and not less than 12mm and not greater than 23mm internal diameter, if knotless.
(ii) The leader length shall not exceed 10 metres and its height
shall not be greater than the net aperture.
(iii) The net aperture shall not exceed 1 metre at its widest point.
(iv) Each net placed and used alone or each string of nets shall be attached to a buoy.
B Traps other than fyke nets may be placed and used for the purpose
of taking eels subject to the following conditions:
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(a) they consist of an implement USED ON OR BEFORE the 1st day of March 1988 fixed to the bed of an inland water such
that eels may be separated from the body of the water by a system of bars, grids or meshes and from which the trapped eels are prevented from escaping,
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(b) they consist of any other implements subject to the following
conditions:
(i) There shall be no leader.
(ii) The dimensions shall not exceed 2.0 x 0.75 x 0.75 metres.
(iii) They shall be constructed of a material with a mesh size not
less than 19 mm and not greater than 36 mm full stretched mesh, if knotted, and not less than 12 mm and not greater than 23 mm internal diameter, if knotless.

D Officers of the Authority, and other persons with the previous written consent of the Authority, may use any fixed engine for taking or facilitating the taking of salmon, trout, rainbow trout, freshwater fish or eels for scientific purposes or for the better management, protection, preservation and improvement of any fisheries in the Authority’s area.
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Byelaw 4 of the Fisheries Byelaws which apply to the whole area (specified in Section 6(7) of the Environment Act 1995) in respect of which the Agency carries out its functions relating to fisheries and confirmed on 14 March 1997 shall be revoked.

THE COMMON SEAL of the ENVIRONMENT AGENCY
was affixed on 16th day of December 2009 in the presence of Authorised Signatory​