The only legal method of net-fishing for salmon in a river or estuary is by means of a draft or sweep-net, which is used solely as such, and any method of net-fishing in which the net is used not merely as a sweep-net, but partly or solely as a stationary obstruction, however temporary, to the free passage of the fish, is illegal.
Held, in accordance with this principle (1) ( aff. judgment of First Division), that ‘toot-and-haul’ nets were illegal, and (2) ( rev. judgment of the First Division) that ‘hang’ or ‘drift’ nets were illegal.
Judges:
Lord Chancellor (Halsbury), Lord Macnaghten, Lord Davey and Lord Brampton
Citations:
[1900] UKHL 686, 37 SLR 686
Links:
Jurisdiction:
Scotland
Agriculture
Updated: 11 October 2022; Ref: scu.631500