HL Deb 30 October 1986 vol 481 cc867-8

2 After Clause 7, insert the following Clause:

("Use of baits and lures

.—The Secretary of State may subject to the provisions of this section, make regulations specifying baits and lures for the purposes of the definition of "rod and line" in section 24 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 195.

(2) The Secretary of State may make regulations under this section only on—

  1. (a) application to him by a district salmon fishery board; or
  2. (b) a joint application to him by more than one such board,
and regulations made in respect of such application shall be made only in respect of the district of the applicant.

(3) Regulations under this section shall specify, subject to such exception as may be provided therein, all or any, or a combination of, the following—

  1. (a) baits and lures or classes of baits and lures;
  2. (b) times when the regulations apply;
  3. (c) areas to which the regulations apply.

(4) An application under subsection (2) above shall be accompanied by the applicants' written proposals which shall state—

  1. (a) the baits and lures which it is proposed should be specified;
  2. (b) the places to which and the times during which the proposed regulations should apply; and
  3. (c) the reasons for the proposals.

(5) Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of regulations under this section as they apply to the making of a designation order, and for this purpose—

  1. (a) references to a designation order shall be construed as references to regulations under this section; and
  2. (b) references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (2) above.

(6) in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, at the end of the definition of "rod and line" there shall be inserted the following—"and, in the case of fishing for salmon in an area to which and at a time during which regulations made under section (use of baits and lures) of the Salmon Act 1986 apply, is not specified in such regulations in respect of that area and time".".

3 Page 9, line 4, after "6", insert "and section (Use of baits and lures)".

4 Page 9, line 23, at end add— ; and (d) section (Use of baits and lures) of this Act includes power to amend section 6 of the Tweed Fisheries Amendment Act 1859.".

5 Page 9, line 25, after "6", insert ", 10".

Lord Glenarthur

My Lords, with the leave of the House, I beg to move that the House do agree with the Commons in their Amendments Nos. 2 to 5 en bloc. Amendment No. 2 and the related consequential Amendments Nos. 3 and 4 provide the regulation-making provision for baits and lures which my noble friend Lord Gray of Contin promised during earlier stages of the Bill. The regulations depend upon local initiative where there is a perceived need for some control over baits and lures. In this respect there is a difference from the amendments moved then by the noble Viscount, Lord Thurso, and my noble friend Lord Burton Which would have required the Secretary of State to rake the initiative in all circumstances.

Regulations under the clause may be made by the Secretary of State at the request of a district board or boards. There are safeguards for those who may be affected or who may consider that regulation is unnecessary in the relevant district or districts. There will have to be some local consideration by the board on which anglers will have a say. A baits and lures regulation will also have to go through all the statutory procedures for designation and annual close time orders which require the Secretary of State to consult; to cause the proposals to be advertised; and to hold a public inquiry if he considers it necessary. I consider that these safeguards are sufficient for all interests and I hope that those who fear that they might be adversely affected by unreasonable regulations will be reassured by the arrangements for detailed consideration that are provided in the clause. Your Lordships will have noted that district boards only have the power to ask for regulations, not to make them. And also that regulations can be made for part of a district so that upper waters, for example, could be treated differently from lower waters.

Amendment No. 5 is a minor technical amendment.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Glenarthur)

Viscount Thurso

My Lords, I should like to take the opportunity to thank the noble Lord, Lord Glenarthur, and indeed his predecessor, the noble Lord, Lord Gray of Contin, for honouring the pledge to deal with this matter in another place. In my view the matter as dealt with is very satisfactory and will be of satisfaction to those of us who promoted it. I thank the noble Lord very much.

On Question, Motion agreed to.