82 
ApjJendices io Ninth Aimual Report 
APPENDIX E.— No. II. 
SCOTTISH WATERS CLOSED AGAINST BEAM AND OTTER 
TRAWLING. — Sections of Acts of Parliament bearing thereon, and 
Bye-Laws made by Fishery Board for Scotland under powers con- 
ferred upon them by said Acts. 
The following is the Section of the Sea Fisheries (Scotland) 
Amendment Act, 1885, relating to trawling in Scottish territorial 
waters : — 
4. When the Fishery Board for Scotland, hereinafter called the Fishery 
Board, are satisfied that any mode of fishing in any part of the sea adjoining 
Scotland, and within the exclusive fishery limits of the British Islands, is 
injurious to any kind of sea fishing within that part, or where it appears to the 
Fishery Board desirable to make experiments or observations with the view of 
ascertaining whether any particular mode of fishing is injurious, or for the 
purposes of fish culture or e>;periments in fish culture, the Fishery Board may 
make Bye- Laws for restricting or prohibiting, either entirely or subject to suclfi 
regulations as may be provided by the Bye-Law, any method of fishing for sea 
fish within the said part, during such time or times as they think fit, and 
may from time to time make Bye-Laws for altering or revoking any such Bye- 
Laws. 
A Bye-Law under this Act shall not be of any validity until it is confirmed 
by the Secretary for Scotland. 
A Bye-Law shall not be confirmed until the expiration of one month after 
notice of the intention to apply for its confirmation has been given by the 
Fishery Board by advertisement in one or more newspapers circulating in the 
county or counties adjoining the part of the sea to which such Bye-Law applies. 
The Secretary for Scotland shall allow any person to make a representation 
for his interest against the confirmation of any Bye-Law, on a notice of objection 
being given by such person to the Fishery Board within the said period of one 
month, and may, if he see fit, allow parties to be heard thereon. 
Every Bye-Law when confirmed shall be published in the Edinburgh 
Gazette, and in such furtlier mode as the Secretary for Scotland may direct. 
A copy of the Edinburgh Gazette containing a Bye-Law shall be evidence 
in all legal proceedings until the contrary is proved of the due making, 
confirmation, and existence of such Bye-Law, without further or other proof. 
Any person contravening a Bye-Law duly confirmed shall be guilty of an 
oft'ence under the Sea Fisheries Act, 1883, and shall be liable on summary 
conviction to a tine not exceeding £100 ; and failing immediate payment 
of the fine, to imprisonment for a period not exceeding sixty days, without 
prejudice to diligence by poinding or arrestment, if no imprisonment has 
followed on the conviction. 
The Bye-Laws made by the Fishery Board for Scotland, under the fore- 
going vSection of the said Act, and which are now in force, are as 
follow : — 
Bye-Law (No. 2) made by the Fishery Board for Scotland, under the 
powers conferred on the Board by the Sea Fisheries (Scotland) 
Amendment Act, 1885. 
1. This Bye-Law shall extend and apply to that part of the sea inside of 
a line drawn from the Ord of Caithness, along the coast at a distance of three 
miles to a point opposite Brora, thence to Tarbet Ness Lighthouse, thence along 
the coast at a distance of three miles to a point opposite Balintore, thence to a 
point a mile west of the mouth of the Findhorn River, and thence along the 
coast at a distance of three miles to a point due north magnetic from Kinnaird- 
head Lighthouse. 
