Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

2003 asp 15 · Enacted 1 May 2003 · Extends to Scotland

Contents

1. Part 1: Methods of fishing and offences related to fishing
2. Methods of fishing
3. 1Methods of fishing: salmon
4. 2Methods of fishing: freshwater fish
5. 3Use of landing nets
6. 3AFishing by rod and line
7. 4Meaning of “rod and line”
8. Offences related to fishing for salmon and freshwater fish
9. 5Prohibition against using explosive and other noxious substances for the destruction or taking of fish
10. 5AProhibition against using pike gags and certain keepnets
11. 6Fishing for salmon without right or permission
12. 7Illegal fishing by two or more persons acting together
13. 8Taking of dead salmon or trout
14. 9Illegal possession of salmon or trout
15. 10Offences in relation to passage of salmon
16. 11Fishing in waters where fishing rights owned by one person
17. 12Contravention of protection order
18. Close times for salmon
19. 13Weekly close time for salmon
20. 14Fishing for salmon during annual close time
21. 15Removal of boats and nets during annual close time
22. 16Buying and selling salmon in close time
23. Close time for trout
24. 17Annual close time for trout
25. Close times for freshwater fish
26. 17AWeekly close time for freshwater fish
27. 17BAnnual close time for freshwater fish other than trout
28. Offences related to sale, purchase and possession of salmon and trout
29. 18Unclean salmon
30. 19Salmon roe
31. 20Possessing salmon which have been illegally taken, killed or landed
32. 21Packages of salmon or trout to be marked
33. 21ASalmon carcass tagging
34. 22Size limit for selling trout
35. Protection of young salmon
36. 23Young salmon and spawning beds
37. 24Unauthorised introduction of salmon or salmon eggs into certain waters Repealed
38. Offences in relation to the Solway
39. 25Fixed engines in the Solway
40. 26Fishing without legal right in the Solway
41. Exemptions
42. 27Exemption from certain offences in respect of acts done for scientific and other purposes: salmon
43. 28Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon
44. 29Exemption from certain offences in respect of certain acts in relation to salmon
45. 30Exemptions in relation to fish farming
46. Regulation of salmon fisheries
47. 31Salmon fishing: general regulations
48. 32Exception from regulations with respect to the construction of dams, lades and water wheels
49. 33Salmon fishing: regulations as to baits and lures
50. Unauthorised introduction of fish into inland waters
51. 33AUnauthorised introduction of fish into inland waters
52. 33BPower to modify district salmon fishery boards' functions under section 33A
53. Part 2: Administration of salmon fisheries
54. Salmon fishery districts
55. 34Salmon fishery districts
56. 35Designation orders
57. 36Estuary limits
58. Conservation measures
59. 37Annual close times for salmon
60. 38Salmon conservation regulations
61. Procedures
62. 39Procedure for making orders and regulations under section 33 and this Part
63. Part 3: District salmon fishery boards
64. Proprietors of salmon fisheries
65. 40Qualified proprietors and upper and lower proprietors
66. 41Sole proprietor in a salmon fishery district
67. Mandatories
68. 42Mandatories
69. District salmon fishery boards
70. 43District salmon fishery boards
71. 44Financial powers and duties of district salmon fishery boards
72. 45General powers and duties of district salmon fishery boards
73. 46Proceedings of district salmon fishery boards
74. 46AAnnual report
75. 46BAnnual public meeting
76. 46CFurther provision about meetings
77. 46DComplaints procedure
78. 46EMembers' interests
79. 46FMinisterial power to modify the good governance requirements
80. 46GMinisterial power to dissolve the committee constituting a board
81. 47Tenure of office
82. Part 4: Administration of freshwater fisheries
83. 48Increased availability of, and protection for, freshwater fishing
84. 49Appointment of wardens to secure compliance with protection order
85. 50Powers of entry and obstruction of wardens etc.
86. 51Financial contributions towards organisations developing freshwater fisheries
87. Conservation measures
88. 51AFreshwater fish conservation regulations
89. Part 5: Enforcement
90. Powers of constables and water bailiffs
91. 52Grant of warrant to search premises or vehicles
92. 53Powers of constables
93. 54Powers of constables and water bailiffs to enter land
94. 55Powers of water bailiffs
95. 56General enforcement provisions not to apply in relation to protection orders
96. Further provision as to offences
97. 57Offences by bodies corporate
98. 58Offences in relation to obstruction
99. Powers of court
100. 59Power of court in trial for an offence to convict of another
101. 60Forfeiture
102. 61Defences
103. 62Jurisdiction in respect of offences committed on sea coast or at sea
104. 63Disqualification of justices
105. Part 6: Miscellaneous
106. 64Power of Scottish Ministers to conduct inquiries and to obtain information
107. 64APowers in relation to salmon and freshwater fisheries: sampling, etc.
108. 65Additional powers in respect of licensing and regulation of salmon dealing
109. 66Application of Leases Act 1449
110. Part 7: General
111. 67Application of this Act to the Crown
112. 68Orders and regulations
113. 69Interpretation
114. 70Consequential amendments, repeals and revocations
115. 71Short title, commencement and extent
116. Schedule 1: Designation orders, estuary limits orders, annual close time orders and regulations under sections 33 and 38
117. 1Designation orders
118. 2Paragraph 2
119. 3Estuary limits orders
120. 4Paragraph 4
121. 5Annual close time orders
122. 6Paragraph 6
123. 7Salmon conservation regulations
124. 8Paragraph 8
125. 9Paragraph 9
126. Freshwater fish conservation regulations
127. 9AParagraph 9A
128. 10Common provisions with respect to orders
129. 11Paragraph 11
130. 12Paragraph 12
131. 13Making of designation, annual close time or estuary limits order or salmon conservation regulations
132. 14Paragraph 14
133. 15Paragraph 15
134. 16Paragraph 16
135. Schedule 2: Election and co-option of members of district salmon fishery boards
136. Part 1: Meeting of qualified proprietors
137. 1Calling of meeting
138. 2Paragraph 2
139. 3Paragraph 3
140. 4Paragraph 4
141. Part 2: Membership
142. 5Paragraph 5
143. Schedule 3: Provisions as to making, variation and revocation of protection orders
144. 1Making of protection order
145. 2Paragraph 2
146. 3Paragraph 3
147. 4Paragraph 4
148. 5Paragraph 5
149. 6Paragraph 6
150. 7Paragraph 7
151. 8Paragraph 8
152. 9Paragraph 9
153. 10Paragraph 10
154. Schedule 4: Consequential amendments, repeals and revocations
155. Part 1: Consequential amendments
156. 1Paragraph 1
157. 2Paragraph 2
158. 3Paragraph 3
159. 2Repeals and revocations