CONSTITUTIONAL LAW Citation and commencement 1 This Order may be cited as the Tweed Regulation Order 2007 and shall come into force on 15th February 2007. Interpretation 2 1 In this Order– “fish pass” means any fish pass, ladder, fish way or lift or other device which facilitates the free passage, upstream or downstream, of salmon around, over or through any dam; “monofilament netting” means any netting containing any mesh the sides of which consist of a single filament of synthetic material; “off-take” includes a lade; “operator” in relation to a dam or off-take means its owner or, where another person is in occupation or control of it, that person; “the principal Order ” means the Scotland Act 1998 (River Tweed) Order 2006. 2 Unless the context otherwise requires, any reference in this Order to a river includes its tributary streams. Annual close time order 3 1 The annual close time for salmon fishing extends from 15th September until 31st March of the following year, both dates inclusive . 2 Fishing for and taking salmon by rod and line (but only with the artificial fly) is permitted from 15th September until 30th November, and from 1st February until 31st March , all dates inclusive. 3 No person may retain any salmon caught by rod and line in inland waters during the period from 1st February until 31st March, both dates inclusive. 4 In paragraph (3) “retain” means failing to return a fish at once to the river or other water from which it came and with the least possible injury. Weekly close time 4 1 The weekly close time for salmon fishing shall extend from 6 pm on Friday until 6 am on the following Monday. 2 Fishing for and taking salmon by rod and line is permitted on Friday, Saturday and Monday during the weekly close time. Prohibition of sale in Scotland of salmon taken by rod and line 5 In that part of the Tweed district lying within Scotland no person shall sell, offer or expose for sale any salmon that has been taken by rod and line. Marking of boats 6 1 Every owner and occupier of a fishery within or of land adjoining the waters of the district who uses any boat in the district for the purpose of fishing or any other purpose shall ensure that the name and surname of the owner or occupier and number of the boat is painted on the boat, either in white on black or in black on white, and in letters not less than 5 cm high. 2 The Commission may from time to time notify in writing the owner or occupier or the agent of the owner or occupier of all boats in the district used for fishing with nets that such boats are to be painted or marked with a colour or mark and every owner and occupier of every fishery using such a boat shall be bound, after such notification, to comply with that notification previous to the commencement of the next fishing season. Definition of methods of net fishing 7 For the purposes of article 22 of the principal Order– a fishing for or taking salmon by net and coble means the use of a sweep net, paid out from a boat and worked from the bank or shore or from waters adjacent to the bank or shore, whereby the salmon are surrounded by the net and drawn to the bank or shore, provided that– i the net and any warps are not made or held stationary, nor allowed to remain stationary, nor allowed to drift with the current or tide but are both paid out and hauled in as quickly as practicable and kept in unchecked motion by and under the effectual command and control of the fisherman for the purpose of enclosing the salmon within the sweep of the net and drawing them to the bank or shore; ii no stakes or dykes or other obstructive devices or other nets are used in association with the net; iii the water is not disturbed by throwing of stones or other objects, or splashing or other activity in order to drive salmon into the area to be swept by the net; iv the net shall not come within 50 metres of any other such net already being paid out or hauled, until the last mentioned net has been fully hauled in to the bank or shore; and v the net is not designed or constructed for the purpose of catching fish by enmeshing them; and b fishing for or taking salmon by bag net, fly net or other stake net means the use of a fish trap (including the use of a landing net to remove salmon from such a trap) consisting of one or more fish courts and associated inscales and wings, together with a leader net designed to lead the salmon into the trap, the whole of which is fixed or moored to the shore or seabed, provided that– i no part of the bag net, fly net or other stake net, except mooring warps and anchors, shall extend seawards beyond 1300 metres from the mean low water mark; and ii no part of the net or trap is designed or constructed for the purpose of catching fish by enmeshing them. Regulation of bag nets, fly nets or other stake nets 8 All bag nets, fly nets or other stake nets set or placed beyond the estuary limits of any river in the district shall be subject to the following provisions– a the nets used in the formation and construction of such fly nets or other stake nets and of the leaders of such bag nets shall be extended evenly so that the meshes of such nets shall be stretched to their full opening; b every fly net or other stake net shall be placed and constructed so that clear openings for the free passage of salmon can be made in the traps or chambers of the net; c in every fly net or other stake net there shall be made and kept free from obstruction during the weekly close time a clear opening of at least 90 cm in width from the bottom to the top of the traps or chambers of such nets, so as to allow the free passage of salmon during the whole period of the weekly close time; d every bag net shall be placed and constructed so that the netting of the leaders can be raised and kept out of the water; and it shall be so raised and kept out of the water during the whole period of the weekly close time; e the leader of any bag net, fly net or other stake net shall not exceed 300 m in length; and f the nets used in the formation and construction of bag nets, fly nets or other stake nets shall not comprise monofilament netting. Regulation of size of meshes 9 1 Subject to the provisions of this article it shall not be lawful for the purpose of fishing for salmon to shoot, draw or use in the district any net of which the meshes are less than 90 mm. 2 Paragraph (1) does not apply to nets used solely for the purpose of landing fish taken by rod and line. 3 For the purposes of this article mesh size shall be measured in accordance with Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets . Prohibited baits and lures and area of application 10 Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Tweed, specified as prohibited for the purposes of the definition of “rod and line” in article 25 of the principal Order. Specification of baits and lures 11 1 Any worm (whether fresh or preserved) and any part thereof is hereby specified as prohibited bait for the purposes of the definition of “rod and line” in article 25 of the principal Order. 2 Any lure having more than one hook (other than a lone double, or lone treble, hook) attached to it is hereby specified as a prohibited lure for the purposes of the definition of “rod and line” in article 25 of the principal Order. Areas of application 12 Article 11 applies to the following areas– a the Rivers Ettrick and Yarrow; b the River Tweed (other than its tributaries) downstream from its confluence with the River Ettrick; and c the following parts of the tributaries of the River Tweed: i the Gala Water downstream from (and including) Boleside road bridge; ii the Leader Water downstream from (and including) Leaderfoot bridge; iii the River Teviot downstream from (and including) the Kelso to St Boswells road bridge; iv the River Till downstream from (and including) the Twizel Cauld; and v the River Whiteadder downstream from (and including) the Newmills Cauld. Protection order 13 1 Fishing for or taking freshwater fish in the inland waters in the area prescribed in paragraph (2) without legal right or without permission from a person having such a right, is hereby prohibited. 2 The prescribed area consists of so much of the catchment area of the Rivers Tweed and Eye as lies in Scotland; which area is delineated by a continuous blue line crossing the coast at grid reference NT 772727 and ending crossing the coast at grid reference NT 979576 on the map. 3 “The map” means the map marked “Area of the Rivers Tweed and Eye Protection Order 1980” signed by the Secretary of State for Scotland and deposited in the office of the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY. 4 For the purposes of this article “inland waters” has the meaning given in articles 68 and 69 of the principal Order. Application 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dams 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fish passes 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lades 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Screens 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Installation, maintenance etc. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations 20 The instruments specified in the Schedule to this Order are revoked in so far as they apply to the Tweed district. ROSS FINNIE A member of the Scottish Executive St Andrew’s House, Edinburgh