Article 48 Exemption from certain offences of acts done for scientific and other purposes: salmon

(1)

A person shall not, in respect of any act or omission relating to salmon or salmon roe or eggs, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if—

(a)

the act or omission is for—

(i)

some scientific purpose;

(ii)

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

(iii)

the purpose of conserving any creature or other living thing;

(iv)

the purpose of cleaning or repairing any dam or mill lade; or

(v)

the purpose of exercising any right of property in the bed of any river or stream; 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,

for the act or omission.

(2)

Paragraph (1)(b)(i) applies if the act or omission referred to in that provision is a contravention of article 22, 26(1)(c), 28 (so far as that article relates to article 22), 29, 30, 41, 42 or 46.

(3)

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