Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (Version in vigour from 2013-09-16 to )

Consolidated Text

As Enacted

Cited authorities 73

Cited in

Currency	No known outstanding effects
Coming into Force	16 September 2013

Contenidos

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003
Part 1: Methods of fishing and offences related to fishing

Methods of fishing

1: Methods of fishing: salmon
2: Methods of fishing: freshwater fish
3: Use of landing nets
3A: Fishing by rod and line
4: Meaning of “rod and line”

Offences related to fishing for salmon and freshwater fish

5: Prohibition against using explosive and other noxious substances for the destruction or taking of fish
5A: Prohibition against using pike gags and certain keepnets
6: Fishing for salmon without right or permission
7: Illegal fishing by two or more persons acting together: If two or more persons acting together do any act which would constitute an offence under section 1, 2 or 6 of this Act, every such person shall be guilty of an offence under this section, and liable—
8: Taking of dead salmon or trout
9: Illegal possession of salmon or trout
10: Offences in relation to passage of salmon
11: Fishing in waters where fishing rights owned by one person
12: Contravention of protection order

Close times for salmon

13: Weekly close time for salmon
14: Fishing for salmon during annual close time
15: Removal of boats and nets during annual close time
16: Buying and selling salmon in close time

Close time for trout

17: Annual close time for trout

Close times for freshwater fish

17A: Weekly close time for freshwater fish
17B: Annual close time for freshwater fish other than trout

Offences related to sale, purchase and possession of salmon and trout

18: Unclean salmon
19: Salmon roe
20: Possessing salmon which have been illegally taken, killed or landed
21: Packages of salmon or trout to be marked
21A: Salmon carcass tagging
22: Size limit for selling trout

Protection of young salmon

23: Young salmon and spawning beds
24: Unauthorised introduction of salmon or salmon eggs into certain waters

Offences in relation to the Solway

25: Fixed engines in the Solway
26: Fishing without legal right in the Solway

Exemptions

27: Exemption from certain offences in respect of acts done for scientific and other purposes: salmon
28: Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon
29: Exemption from certain offences in respect of certain acts in relation to salmon
30: Exemptions in relation to fish farming

Regulation of salmon fisheries

31: Salmon fishing: general regulations
32: Exception from regulations with respect to the construction of dams, lades and water wheels
33: Salmon fishing: regulations as to baits and lures

Unauthorised introduction of fish into inland waters

33A: Unauthorised introduction of fish into inland waters
33B: Power to modify district salmon fishery boards' functions under section 33A

Part 2: Administration of salmon fisheries

Salmon fishery districts

34: Salmon fishery districts
35: Designation orders
36: Estuary limits

Conservation measures

37: Annual close times for salmon
38: Salmon conservation regulations

Procedures

39: Procedure for making orders and regulations under section 33 and this Part

Part 3: District salmon fishery boards

Proprietors of salmon fisheries

40: Qualified proprietors and upper and lower proprietors
41: Sole proprietor in a salmon fishery district

Mandatories

42: Mandatories

District salmon fishery boards

43: District salmon fishery boards
44: Financial powers and duties of district salmon fishery boards
45: General powers and duties of district salmon fishery boards
46: Proceedings of district salmon fishery boards
46A: Annual report
46B: Annual public meeting
46C: Further provision about meetings
46D: Complaints procedure
46E: Members' interests
46F: Ministerial power to modify the good governance requirements
46G: Ministerial power to dissolve the committee constituting a board
47: Tenure of office

Part 4: Administration of freshwater fisheries

48: Increased availability of, and protection for, freshwater fishing

49: Appointment of wardens to secure compliance with protection order

50: Powers of entry and obstruction of wardens etc.

51: Financial contributions towards organisations developing freshwater fisheries

Conservation measures

51A: Freshwater fish conservation regulations

Part 5: Enforcement

Powers of constables and water bailiffs

52: Grant of warrant to search premises or vehicles
53: Powers of constables
54: Powers of constables and water bailiffs to enter land
55: Powers of water bailiffs
56: General enforcement provisions not to apply in relation to protection orders

Further provision as to offences

57: Offences by bodies corporate
58: Offences in relation to obstruction

Powers of court

59: Power of court in trial for an offence to convict of another: If, upon a trial for an offence under section 9, 16 or 20 of this Act, or any rule of law relating to reset, the court is satisfied that the accused is—
60: Forfeiture
61: Defences
62: Jurisdiction in respect of offences committed on sea coast or at sea
63: Disqualification of justices

Part 6: Miscellaneous

64: Power of Scottish Ministers to conduct inquiries and to obtain information

64A: Powers in relation to salmon and freshwater fisheries: sampling, etc.

65: Additional powers in respect of licensing and regulation of salmon dealing

66: Application of Leases Act 1449

Part 7: General

67: Application of this Act to the Crown

68: Orders and regulations

69: Interpretation

70: Consequential amendments, repeals and revocations

71: Short title, commencement and extent

SCHEDULE 1 (introduced by section 39)
Designation orders, estuary limits orders, annual close time orders and regulations under sections 33 and 38

Freshwater fish...

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