§ Offences relating to freshwater fish and salmon
§ 18. Any offence under section XI of the Solway Act 1804 (possessing, selling or offering or exposing to sale certain fish out of season, and certain fish at any time).
§ 19. Any offence under section LXXIV of the Tweed Fisheries Act 1857 of wilfully selling, purchasing or possessing smolt, fry, or young brood or spawn.
§ 20. Any offence under section X of the Tweed Fisheries Amendment Act 1859 (possession during close season of fish taken or caught in river, and selling or offering for sale or exchange fish caught between 15th September and 14th February).
§ 21. Any offence under section 3 of the Salmon Acts Amendment Act 1863 (exporting, or entering for export unclean or unseasonable salmon and salmon caught at a time when their sale is prohibited).
§ 22. Any offence under section 20 of the Salmon Fisheries (Scotland) Act 1868 of buying, selling, exposing for sale or having in possession unclean or unseasonable salmon.
§ 23. Any offence under section 21 of that Act (buying, selling, exposing for sale or having in possession salmon taken in close season).
§ 24. Any offence under section 1 of the Freshwater Fish (Scotland) Act 1902 of having possession of trout in close season.
§ 25. Any offence under section 2 of the Trout (Scotland) Act 1933 (purchase, sale, exposing or consigning for sale, export or consigning for export trout under 8" or between 1st September and 31st March).
§ 26. Any 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. Any offence under subsection (3) of section 23 of that Act of entering for export or exporting fish contrary to subsection (I) of that section (unclean fish and fish caught at a time when their sale is prohibited).
§ Offences relating to sea fishing
§ 29. Any offence under section 1 of the Trawling in Prohibited Areas Prevention Act 1909 of selling fish caught by beam or otter trawling within a prohibited area.
415§ 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, exposing 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 Fisheries (Conservation) Act 1967 (selling, exposing or offering for sale, or possessing for the purpose of sale fish smaller than the prescribed size).
§ 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)."
§ Mr. Buchanan-SmithThe House will note that clause 33 and schedule 4 have been completely redrafted since the Bill left the House. However, the main purpose has not changed. The clause provides powers to exempt fish farmers from specified offences which, while necessary for the conservation of wild fish, are unnecessary and restrictive in respect of farmed fish.
The complexities of the exemptions from the freshwater fisheries conservation legislation were so considerable that we considered it appropriate to deal with detailed exemptions by subordinate procedures. General exemptions will be introduced by statutory instrument subject to negative resolution. As I have said, the main purpose has not changed. We have merely changed the means by which we shall proceed.
§ Question put and agreed to.
§ Lords amendment No. 17 agreed to.