§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if he will call for a report from the Yorkshire water authority regarding salmon and sea trout poaching on the River Esk; and if he will make a statement.
§ Mr. Buchanan-SmithNo. Under the Salmon and Freshwater Fisheries Act 1975 the Yorkshire Water Authority itself is responsible for dealing with the illegal taking of salmon on the River Esk in Yorkshire. My responsibilities under the Act in relation to the regulation of migratory fisheries are restricted to the confirmation of water authority orders and byelaws.
§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if, in order to stop the illegal poaching of salmon, he will consider introducing legislation to control the sale of salmon through licence holders only.
§ Mr. Buchanan-SmithIn the consultation paper on our review of inland and coastal fisheries in England and Wales, the Government invited discussion on whether it would be practicable to reduce the illegal taking of salmon by controls over the sale of salmon, including the licensing of salmon dealers. As a result, a salmon sales group has been set up by the National Water Council, in conjunction with other interested organisations, to formulate proposals. My inspector of salmon and freshwater fisheries is a member of that Group. I shall consider the need for legislation in the light of such recommendations as may emerge from the group.
§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if his attention has been drawn to reports by the North-Eastern Fisheries Consultative Association, the Esk Fisheries Association and the Yorkshire water authority regarding the poaching of salmon and sea trout from the River Esk; and if he will make a statement.
§ Mr. Buchanan-SmithI have received a copy of the annual report of the Yorkshire water authority for the year ending 31 March 1981, presented to Parliament on 28 October 1981, which in paragraph 5.11 refers to the illegal taking of salmon and sea trout on the River Esk. In addition, the problem of the illegal taking of salmon and migratory trout has been mentioned in communications that I have had from the Esk Fishery Association and from the North-Eastern divisional committee of the Yorkshire fisheries consultative association.
§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if he will list the offences and penalties relating to the poaching of salmon and sea trout in the rivers of England and Wales.
57W
§ Mr. Buchanan-SmithThe offences and penalties relating to the illegal taking of salmon and migratory trout
Provision of Act creating the offence Description of offence Mode of Prosecution Punishment Section 1 Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish. (a) If not acting with another, summarily. £500 (b) If acting with another— (i) summarily £1,000 (ii) On indictment Two years or a fine or both Section 2 Taking, killing or injuring, or attempting to take, kill or injure, buying, selling exposing for sale or possessing unclean or immature fish. Summarily £500 Section 3 Restriction on shooting or working seine or draft nets in certain waters and prohibition on use of certain nets. Summarily £500 Section 4 Discharging poisonous or injurious matter into waters containing fish or spawn. (a) Summarily £1,000 and £40 for each day on which the offence continues after a conviction thereof (b) On indictment Two years or a fine or both Section 5(1) Using explosives, poisons, noxious substances or electrical devices to take or destroy fish. (a) Summarily £1,000 (b) On indictment Two years or a fine or both Section 5(3) Destroying or damaging dams etc., to take or destroy fish. (a) Summarily £1,000 (b) On indictment Two years or a fine or both Section 6 Using an unauthorised fixed engine for taking or facilitating the taking of salmon or migratory trout. Summarily £500 Section 7 Using an unauthorised fishing weir for taking or facilitating the taking of salmon or migratory trout. Summarily £500 Section 8 Using an unauthorised fishing mill dam for taking, etc. salmon or migratory trout. Summarily £500 Section 12(3) Taking, etc. any salmon or trout in its passage through a fish pass. Summarily £500 Section 16(1) Using certain boxes or cribs in a fishing weir or fishing mill dam for taking salmon or migratory trout. Summarily £500 Section 17 Taking etc. salmon or trout above or below an obstruction or in mill races. Summarily £500 Section 19(2) Fishing for salmon during the annual close season or weekly close time. Summarily £500 Section 19(4) Fishing for trout during the annual close season or weekly close time. Summarily £500 Section 21 Prohibition on use of certain devices at certain times. Summarily £500 Section 27 Fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing. (a) If not acting with another, summarily. £500 (b) If acting with another— (i) summarily £1,000 (ii) on indictment Two years or a fine or both Section 28(7) Contravening or failing to comply with a byelaw. Summarily £500 In addition the court by which a person is convicted of an offence against that Act may order the forfeiture of—
(a) any fish illegally taken by him or in his possession at the time of the offence:
(b) any instrument, bait or other thing used in the commission of the offence;
58Win the rivers of England and Wales are contained in the Salmon and Freshwater Fisheries Act 1975, as amended. Details are as follow:
59W(c) in the case of an offence of unlawful possession of any substance or device in contravention of section 5 of the Act, that substance or device; and
(d) on conviction on indictment, any vessel or vehicle used in or in connection with the commission of the offence or in which any substance or device unlawfully in his possession was contained at the time of the offence.
A person taking salmon and migratory trout illegally may also be committing further offences under the Act, such as obstructing the passage of fish, for which separate penalties are prescribed.
§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if he will ask his statutory regional fisheries advisory committees to submit a report on the extent of salmon and sea trout poaching in their areas, with a view to reinforcing the law against these activities; and if he will make a statement.
§ Mr. Buchanan-SmithThe regional fisheries advisory committees are statutory committees of the water authorities. Any assessment of the extent of the illegal taking of salmon and migratory trout can only be a matter for speculation. However, my Department maintains close liaison with the water authorities on the problems of combating such activities.
§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if, in view of the activities of salmon poachers threatening the future of salmon stocks, he will consider increasing the penalties for such offences.
§ Mr. Buchanan-SmithNo. The Criminal Justice Bill, currently before the House, would allow my right hon. Friend the Secretary of State for the Home Department to increase specified monetary penalties by order to take account of changes in the value of money.
§ Mr. Masonasked the Minister of Agriculture, Fisheries and Food if he will take steps to maximise the effectiveness of measures to prevent the illegal taking of salmon at sea, in the estuaries and in the rivers, in the light of the available resources.
§ Mr. Buchanan-SmithAs part of our review of inland and coastal fisheries in England and Wales, the Government issued a consultation paper in July 1981 which included specific references to the illegal taking of salmon at sea, in the estuaries and in the rivers. A large number of comments have been received and my officials have been having meetings with representative bodies at national level to discuss these matters. Once the consultation process has been completed I shall consider what steps should be taken to achieve the objectives set out in the consultation paper.