Article 49 Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon

(1)

A person shall not be guilty of any contravention of a provision specified in paragraph (2) in respect of any act in relation to fish other than salmon, if–

(a)

the act or omission is for–

(i)

some scientific purpose;

(ii)

the purpose of protecting, improving or developing stocks of fish; or

(iii)

the purpose of conserving any creature or other living thing; and

(b)

that person has obtained the previous permission, in writing–

(i)

if the act or omission is one to which this sub-paragraph applies, of the Commission or of the Scottish Ministers; and

(ii)

in any other case, of the Scottish Ministers.

(2)

Paragraph (1)(b)(i) applies if the act or omission referred to in that provision is a contravention of article 24, 27(1)(c), 28 (so far as it relates to article 23), 30, 31, 41 or 46.

(3)

A permission under paragraph (1) shall specify the act or omission permitted and the provision to which the permission relates.