# The Conservation of Salmon (Scotland) Regulations 2016, Regulation 3: Prohibition on retaining salmon

Extent: S

(1) Subject to paragraph (3), no person may retain any salmon caught in any coastal waters in a salmon fishery district.
(2) Subject to paragraph (3), no person may retain any salmon caught in any inland waters described in Schedule 2.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Paragraphs (1) and (2) do not apply where a salmon is retained—
(a) for a purpose mentioned in section 27(1)(a) of the 2003 Act (exemption for certain offences in respect of acts done for scientific and other purposes: salmon) and permission to take the salmon has been granted in accordance with section 27(1)(b) of that Act;
(b) within, and in the course of the operation of, a fish farm; or
(c) under the authority of, and in accordance with, a licence granted by the Environment Agency under section 25 of the Salmon and Freshwater Fisheries Act 1975.
(4) For the purposes of this regulation—
“coastal waters” means waters other than inland waters;
“the 2003 Act” means the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003;
“Environment Agency” means the body corporate known as the Environment Agency established under section 1 of the Environment Act 1995; and
“retain” means failing to return the fish at once to the river or other water from which it came and with the least possible injury.

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Source: https://www.legislation.gov.uk/ssi/2016/115/regulation/3 (the official version)
Page: https://openlegislation.uk/conservation-of-salmon-scotland-regulations-2016/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

