10. HERRING FISHERY (SCOTLAND) ACT, 1889

(52 & 53 Vict. ch 23).

AN ACT TO AMEND THE HERRING FISHERY (SCOTLAND) ACTS; AND FOR OTHER PURPOSES RELATING THERETO. [July 26, 1889.]

5. It shall not be lawful to set or shoot any herring net on any day between sunrise and one hour before sunset on any day between the first day of June and the first day of October, nor between sunrise on Saturday morning and one hour before sunset on Monday evening, on the West Coasts of Scotland between the Points of Ardnamurchan on the north and the Mull of Galloway on the south.

Any person acting in contravention of this section shall be liable, on conviction under the Summary Jurisdiction (Scotland) Acts, to a fine not exceeding for the first offence five pouuds, and for the second or any subsequent offence twenty pounds; and every net set, or attempted to be set, in contravention of this section shall be forfeited, and may be seized and destroyed or otherwise disposed of by any superintendent of the herring fishery or other officer employed in the execution of the Herring Fishery (Scotland) Acts.

6. (1) It shall not be lawful to use the method of fishing known as beam trawling or otter trawling within three miles of low-water mark of any part of the coast of Scotland, nor within the waters specified in the schedule hereto annexed, save only between such points on the coast or within such other defined areas as may from time to time be permitted by byelaws of the Fishery Board for Scotland, and subject to any conditions or regulations made by those byelaws. Provided that this section shall not apply to the Solway Firth nor to the Pentland Firth; and provided also, that nothing herein contained shall affect the powers of the Fishery Board under section four of the Sea Fisheries (Scotland) Amendment Act, 1885.

(2) The Fishery Board may from time to time make, alter, and revoke byelaws for the purposes of this section, but a byelaw shall not be of any validity until it is confirmed by the Secretary for Scotland.

(3) Any person who uses any method of fishing in contravention of this enactment or of any byelaw of the Fishery Board, shall be liable, on conviction under the Summary Jurisdiction (Scotland) Acts, to a fine not exceeding five pounds for the first offence, and not exceeding twenty pounds for the second or any subsequent offence; and every net set, or attempted to be set, in contravention of this section shall be forfeited, and may be seized and destroyed or otherwise disposed of by any superintendent of the herring fishery or other officers employed in the execution of the Herring Fishery (Scotland) Acts.

7. (1) The Fishery board may, by byelaw or byelaws, direct that the methods of fishing known as beam trawling and otter trawling shall not be used within a line drawn from Duncansby Head, in Caithness, to Rattray Point, in Aberdeenshire, in any area or areas to be defined in such byelaw, and may from time to time make, alter, and revoke byelaws for the purposes of this section, but no such byelaw shall be of any validity until it has been confirmed by the Secretary for Scotland.

(2) Any person who uses any such method of fishing in contravention of any such byelaw shall be liable, on conviction under the Summary Jurisdic

tion (Scotland) Acts, to a fine not exceeding five pounds for the first offence, and not exceeding twenty pounds for the second or any subsequent offence; and every net set, or attempted to be set, in contravention of any such byelaw may be seized and destroyed or otherwise disposed of as in the sixth section of this Act mentioned.

8. It shall not be lawful to land or to sell in Scotland any fish caught in contravention of this Act, or of any byelaw made thereunder, and all superintendents and other officers employed in the execution of the Herring Fishery (Scotland) Acts are hereby empowered and required to prevent the landing or sale of any fish so caught.

SCHEDULE.

Wigtown Bay, within a line drawn from Great Ross Point, near little Ross Lighthouse, on the east to Isle of Whithorn on the west.

Luce Bay, within a line drawn from a point near Port William on the east to Killyness Point, near Drummore, on the west.

Loch-in-dail, within a line drawn from Rudha na Cathair (Mull of Oe) on the south to the Rhynns, near Rhynns of Islay Lighthouse, on the north.

Loch Snizort, within a line drawn from Vatternish Point on the west to Dunlea on the east.

Broad Bay, within a line drawn from Tolsta Head on the north to Tiumpan Head on the south.

Stornoway Bay, within a line drawn from Kebock Head on the south to Bayble Head on the north.

Thurso Bay, within a line drawn from Brimsness on the west to Dunnet Head on the east.

Sinclair Bay, within a line drawn from Noss Head on the south to Duncansby Head on the north.

Scapa Bay, within a line drawn from St. Mary's Point on the east to Houton Heads on the west.

St. Magnus Bay, within a line drawn from Esha Ness on the north to a point near Sandness on the south.

The waters inside a line drawn from Corsewall Point, in the county of Wigtown, to the Mull of Cantyre, in the county of Argyll.

The waters inside a line from Port Askadel, near Ardnamurchan Point, on the west to Ru-Cisteach, near Arasaig, on the east.

The waters inside a line from Ru-geur, Slate Point, on the South to a point near Ru-an-dunan on the north.

The waters inside a line from Ru-na-uag, Loch Torridon, on the south to a point at Long Island, Gareloch, on the north.

The waters outside Loch Tarbert, Harris, from Toe Head on the south to Camus-Huisnish on the north.

East and west Loch Roag, from Gallon Head on the west to Coul Point on the east.

The waters inside a line from Greenstone Point on the west to a point near Meal-Sgreaton, Ru-Cooygach, on the east.

The waters inside a line from Ru-Stoer on the west to a point at Scourie Bay on the east.

II. SEA FISHERIES REGULATION (SCOTLAND) ACT, 1895

(58 & 59 Vict. ch. 42)

AN ACT FOR THE BETTER REGULATION OF SCOTTISH SEA FISHERIES. [July 6, 1895.]

1. This Act may be cited as the Sea Fisheries Regulation (Scotland) Act,

1895, and shall be read along with the Sea Fisheries Acts.

2. This Act shall apply to Scotland only, and to the parts of the sea adjoining Scotland, or within the jurisdiction of the Fishery Board for Scotland.

8. (1) A fishery district committee may, from time to time, subject to such regulations as may be made in that behalf by the Fishery Board, impose penalties, and also make byelaws to be observed within their district, for all or any of the following purposes, namely,—

(a) For restricting or prohibiting, either absolutely or subject to such regulations as may be provided by the byelaws, any method of fishing, for sea fish or the use of any instrument of fishing for sea fish, and for determining the size of mesh, form, and dimensions of any instrument of fishing for sea fish ;

9. (1) The Fishery Board may, by byelaw or byelaws, direct that the method of fishing known as seine trawling shall not be used in any area or areas within the limits specified in section six of the Herring Fishery (Scotland) Act, 1889, or in the schedule annexed to that Act, as defined in such byelaw, and may from time to time make, alter, and revoke byelaws for the purposes of this section.

(2) Any person, who uses such method of fishing in contravention of any such byelaw, shall be liable, on summary conviction, to a fine not exceeding five pounds for the first offence, and not exceeding twenty pounds for the second or any subsequent offence; and every net set, or attempted to be set, in contravention of any such byelaw, may be seized and destroyed or otherwise disposed of by any superintendent of the herring fishery or other officers employed in the execution of the Herring Fishery (Scotland) Acts. Provided always that, if no conviction shall follow, any net so seized shall be forthwith returned, and due compensation shall be made for any loss or damage occasioned thereto by such seizure.

10. (1) The Fishery Board may, by byelaw or byelaws, direct that the methods of fishing known as beam trawling and otter trawling shall not be used in any area or areas under the jurisdiction of Her Majesty, within thirteen miles of the Scottish coast, to be defined in such byelaw, and may from time to time make, alter, and revoke byelaws for the purposes of this section. Provided that the powers conferred in this section shall not be exercised in respect to any areas under Her Majesty's jurisdiction lying opposite to any part of the coasts of England, Ireland, or the Isle of Man, within thirteen miles thereof.

(2) No byelaw under this section shall be confirmed by the Secretary for Scotland until he shall have directed a local inquiry to be held in the district adjoining the part of the sea to be included in the byelaw; at which inquiry all persons interested shall be heard, whether resident in the district or not; and notice of such inquiry shall be sent to all committees of sea fishery districts in the United Kingdom.

(3) Provided that no area of sea within the said limit of thirteen miles shall be deemed to be under the jurisdiction of Her Majesty for the purposes of this section unless the powers conferred thereby shall have been accepted

as binding upon their own subjects with respect to such area by all the States signatories of the North Sea Convention, 1882.

19. (1) A fishery district committee may appoint such fishery officers as they deem expedient for the purpose of enforcing the observance within their district of byelaws made by the committee, provided that nothing in this section shall exempt the coastguard and Admiralty officers from their statutory duty in enforcing the law and regulations affecting vessels engaged in sea fishing.

(2) For the purpose of enforcing those byelaws every such fishery officer may, within the limits of the district, or of any fishery district

(a) stop and search any vessel or vehicle used within the district in

fishing or in conveying either fish or any substance, the deposit or discharge of which is prohibited or regulated by any such byelaws; and

(b) search and examine all instruments used in catching or carrying fish; and

(c) seize any sea fish or instrument liable to be forfeited in pursuance of any such byelaws.

(3) If any person without reasonable excuse (proof whereof shall lie on him) refuses to allow any such officer to exercise the powers conferred on him by this Act, or resists or obstructs any such officer in the performance of his duty, he shall for every such offence be liable, on summary conviction, to a fine not exceeding five pounds.

(4) For the enforcement of the provisions of any such byelaws every such officer shall be deemed to be a police constable, and to have the same powers and privileges, and be subject to the same liabilities, as a police constable duly appointed has and is subject to at common law or by statute.

12. SUEZ CANAL

CONVENTION BETWEEN GREAT BRITAIN, GERMANY, AUSTRIA HUNGARY,
SPAIN, FRANCE,
FRANCE, ITALY, THE NETHERLANDS, RUSSIA, AND TURKEY,
RESPECTING THE FREE NAVIGATION OF THE SUEZ MARITIME CANAL

Signed at Constantinople, October, 29, 1888.

[Ratifications deposited at Constantinople, December 22, 1888.]