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

Part 1 — Methods of fishing and offences related to fishing

Methods of fishing

Fishing for salmon without right or permission

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• (1) Any person who fishes for or takes salmon in any inland waters, except—

• (a) by rod and line;

• (b) by net and coble; or

• (c) subject to subsections (4) and (5) below—

• (i) by cruive; or

• (ii) in the Solway, by a certificated fixed engine or a haaf net,

shall be guilty of an offence.

• (2) Subject to section 25 of this Act, any person who fishes for or takes salmon in any waters in a salmon fishery district other than inland waters except by—

• (a) rod and line;

• (b) net and coble; or

• (c) bag net, fly net or other stake net,

shall be guilty of an offence.

• (3) Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of an offence mentioned in this section shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

• (4) In relation to cruives—

• (a) a right of fishing by cruive may be exercised if, and only if, it was in existence before 10th May 1951; and

• (b) if a question arises in any proceedings as to whether any person is entitled to use a cruive it shall be for the person using or seeking to use the cruive to show that that person is, or has the permission of another person who is, so entitled.

• (5) For the purposes of subsection (1)(c)(ii) above—

• (a) “certificated fixed engine” means a fixed engine certificated as privileged under section 5 of the Solway Salmon Fisheries Commissioners Act 1877 (c.ccxl), and if a question arises in any proceedings as to whether any fixed engine is so certificated, it shall be for the person using or seeking to use the fixed engine to show that it is so certificated;

• (b) in relation to haaf nets—

• (i) a right of fishing by haaf net may be exercised at any location if, and only if, it was in existence before 10th May 1951; and

• (ii) if a question arises in any proceedings as to whether a person is entitled to use a haaf net, it shall be for the person using or seeking to use such a net to show that that person is, or has the permission of another person who is, so entitled; and

• (c) “the Solway” includes the rivers, streams or other watercourses running into the Solway.

• (6) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Methods of fishing: freshwater fish

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• (1) Subject to subsections (3) and (4) below, any person who fishes for or takes freshwater fish in any inland waters except by rod and line shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

• (3) In any pond or loch where all the owners are agreed, a right of fishing may be exercised by net.

• (4) In any inland waters an owner or occupier may fish for or take freshwater fish, other than trout, by net or trap.

Use of gaff, tailer or landing net

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Nothing in section 1 or 2 of this Act shall be construed as prohibiting the use of a knotless non-metallic landing net (that is, a net the mesh of which is knotless and made of non-metallic material) as auxiliary to the taking of fish by rod and line.

Meaning of “rod and line”

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• (1) In this Act “rod and line” means ... rod and line (used otherwise than as a set line or by way of foul hooking) with such bait or lure as is not prohibited by this section or, in relation to fishing for salmon, under section 33 or 38(5)(b) of this Act or, in relation to fishing for freshwater fish, under section 51A of this Act.

• (2) It is prohibited to use live vertebrates, fish roe, fire or light as bait or lure.

• (3) In subsection (1)—

• “ foul hooking ” means pointing, or any other method of hooking or attempting to hook a fish other than by inducing the fish to take the hook in its mouth by reason of the bait or lure;

• “ set line ” means a fishing line left unattended in water and having attached to it one or more lures or baited hooks.

Offences related to fishing for salmon and freshwater fish

Prohibition against using explosive and other noxious substances for the destruction or taking of fish

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• (1) Any person who—

• (a) uses any explosive substance with intent to take or destroy fish in any waters (including the sea up to 22 kilometres from the baselines from which the breadth of the territorial sea is measured);

• (b) puts any poison or other noxious substance in or near any such waters with intent to take or destroy fish; or

• (c) uses any electrical device with intent to stun or destroy salmon or freshwater fish in any such waters,

shall be guilty of an offence.

• (2) Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of an offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

• (3) A person found guilty of an offence under this section shall be liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment; and

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both a fine and such imprisonment.

Fishing for salmon without right or permission

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• (1) Any person who without legal right, or without written permission from a person having such right, fishes for or takes salmon in any waters, including any part of the sea within 1.5 kilometres of mean low water springs, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

Illegal fishing by two or more persons acting together

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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—

• (a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment; and

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both a fine and such imprisonment.

Taking of dead salmon or trout

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• (1) ... any person other than—

• (a) a constable or a water bailiff in the exercise of their respective duties;

• (b) a person authorised in that regard by the Scottish Ministers or a district salmon fishery board; or

• (c) a person with a right to fish therein or the agent of any such person,

who takes or removes dead salmon or trout from any waters, including any part of the sea within 1.5 kilometres of low water mark, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

Illegal possession of salmon or trout

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• (1) Any person who is found in possession of any salmon or trout, or any instrument, explosive, poison or other noxious substance which could be used in the taking of salmon or trout, in circumstances which afford reasonable ground for suspecting that that person has obtained possession of such salmon or trout, or such instrument, explosive, poison or substance as the result or for the purpose of committing an offence under any of the provisions of sections 1, 2, 5, 6 or 7 of this Act, may be charged with unlawful possession as aforesaid of such salmon or trout, or of such instrument, explosive, poison or substance.

• (2) Where the court is satisfied that a person charged under subsection (1) above obtained possession of salmon or trout, or of any instrument, explosive, poison or other noxious substance as the result or for the purpose of committing an offence under any of the provisions of sections 1, 2, 5, 6 or 7 of this Act, that person may be convicted of unlawful possession as aforesaid and dealt with in like manner as if that person had been convicted of the same offence.

• (3) A person who commits an offence under this section may be convicted on the evidence of one witness.

Offences in relation to passage of salmon

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• (1) Any person who does any act for the purpose of preventing salmon from passing through any fish pass, or taking any salmon in its passage through the same, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) A person who commits an offence under this section may be convicted on the evidence of one witness.

Fishing in waters where fishing rights owned by one person

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• (1) Any person who without legal right, or without permission from a person having such right, fishes in a proper stank or loch shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (2) For the purposes of this section—

• “proper stank or loch” means a stank or loch the fishing rights in which are owned by one person; and

• “stank” means a reservoir or pond with neither inlet nor outlet sufficient to allow access or egress by fish.

Contravention of protection order

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• (1) Any person who fishes for or takes freshwater fish in contravention of a prohibition contained in a protection order made under section 48 of this Act shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence and liable to the same punishment as if that person had committed the offence mentioned.

Close times for salmon

Weekly close time for salmon

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• (1) The weekly close time for salmon shall extend from the hour of six in the evening on Friday to the hour of six on the following Monday morning.

• (2) No person shall fish for or take salmon during Sunday.

• (3) No person shall fish for or take salmon (except during Friday, Saturday or Monday by rod and line) during the weekly close time.

• (4) Any person who contravenes this section shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (5) A person who commits an offence under this section may be convicted on the evidence of one witness.

• (6) This section is subject to section 31(5) of this Act.

Fishing for salmon during annual close time

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• (1) Subject to subsection (2) below, any person who fishes for or takes salmon during the annual close time within the meaning of section 37 of this Act shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) It shall not be an offence to fish for or take salmon by means of rod and line at any period within the annual close time when such fishing is permitted in the district in which the fishing occurs—

• (a) by the regulations or byelaws in force in that district;

• (b) by a designation order made in respect of that district;

• (c) in accordance with the provisions mentioned in section 37(2)(b) of this Act as they apply in respect of that district;

• (d) by an annual close time order made in respect of that district; or

• (e) by regulations under section 38 of this Act that make provision as mentioned in subsection (5)(c) of that section in respect of that district.

• (3) A person who commits an offence under this section may be convicted on the evidence of one witness.

Removal of boats and nets during annual close time

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• (1) The proprietor or occupier of any salmon fishery shall within thirty-six hours after the commencement of the annual close time—

• (a) remove and carry from such fishery, and from the landing places and grounds adjacent thereto, all boats, oars, nets, engines and other tackle used or employed by such occupier in taking salmon; and

• (b) effectually secure the same so as to prevent their being used in fishing until the end of the close time,

with the exception of such boats and oars as may be used in angling.

• (2) The proprietor or occupier of any cruive shall within thirty-six hours after the commencement of the annual close time—

• (a) remove and carry away all the hecks, rails and inscales;

• (b) effectually secure the same so as to prevent their being used in fishing; and

• (c) remove all planks and temporary fixtures and other obstructions to the free passage of fish through the cruive.

• (3) Any proprietor or occupier who fails to comply with the duty imposed by subsection (1) or, as the case may be, (2) above shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) A person who commits an offence under this section may be convicted on the evidence of one witness.

• (5) Nothing in this section applies to—

• (a) any ferry-boat or prevents the continued use of any boat by the owner, or the family of the owner, of lands, if the boat has the owner’s name painted on it, and is secured, when not in use for lawful purposes, by lock and key;

• (b) the pins fixed in the ground to assist in the support of the stakes or poles of fly nets or other stake nets;

• (c) the fastenings fixed in rocks for the support of bag nets; or

• (d) the pins and poles of certificated fixed engines.

Buying and selling salmon in close time

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• (1) Any person who buys, sells, exposes for sale or is in possession of, any salmon taken within the limits of this Act during the period when the annual close time is in force in every salmon fishery district and in the River Tweed, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) It shall be a defence to a prosecution brought under this section for the accused to prove that the salmon was caught lawfully.

• (3) The burden of proving that any salmon was caught beyond the limits of this Act shall lie on the person charged with selling, exposing for sale, or being in possession of, the salmon.

• (4) A person who commits an offence under this section may be convicted on the evidence of one witness.

Close time for trout

Annual close time for trout

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• (1) The annual close time for trout shall extend from 7th October to 14th March, both inclusive.

• (2) Subject to subsections (3) and (4) below, any person who, during the annual close time for trout—

• (a) fishes for or takes trout in any inland waters; or

• (b) is in possession of trout,

shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) It shall not be an offence under this section for the owner or occupier of any water where trout are kept in captivity or artificially reared or fed, or any person employed by such a person, to take trout from such water during the annual close time—

• (a) for scientific or breeding purposes;

• (b) for the purpose of removing them or having them removed, alive, to other waters.

• (4) It shall not be an offence under this section for a person to whom trout are consigned, whether by sale or otherwise, for the purpose mentioned in subsection (3)(b) above, to be in possession of such trout.

• (5) A person who commits an offence under this section may be convicted on the evidence of one witness.

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

Unclean salmon

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• (1) Any person who—

• (a) wilfully takes or fishes for; or

• (b) buys, sells, exposes for sale or is in possession of,

any unclean or unseasonable salmon shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Subsection (1)(a) above does not apply to any person who takes such fish accidentally and forthwith returns it to the water with the least possible injury.

• (3) A person who commits an offence under this section may be convicted on the evidence of one witness.

Salmon roe

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