Legalize / United Kingdom / Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 / History

Reform history

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

7 versions · 2003-05-01

2013-09-16

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

View changes Text at this date

2009-03-27

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

View changes Text at this date

2008-08-01

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

View changes Text at this date

2007-08-01

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

View changes Text at this date

2006-04-01

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

View changes Text at this date

2005-04-01

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

View changes Text at this date

Changes on 2005-04-01

@@ -32,7 +32,7 @@

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)](https://www.legislation.gov.uk/ukpga/1995/46), 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.

- (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—

@@ -42,7 +42,7 @@

- (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)](https://www.legislation.gov.uk/ukla/1877/240), 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;

- (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—

@@ -60,7 +60,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1995/46), 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.

- (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.

@@ -96,7 +96,7 @@

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)](https://www.legislation.gov.uk/ukpga/1995/46), 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.

- (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—

@@ -110,7 +110,7 @@

- (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.

#### Illegal fishing by two or more persons acting together

@@ -126,7 +126,7 @@

##### 8

- (1) Without prejudice to section 3 of the Diseases of Fish Act [1937 (c. 33)](https://www.legislation.gov.uk/ukpga/1937/33) (powers and duties of fishery boards), any person other than—

- (1) Without prejudice to section 3 of the Diseases of Fish Act 1937 (c. 33) (powers and duties of fishery boards), any person other than—

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

@@ -136,7 +136,7 @@

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.

#### Illegal possession of salmon or trout

@@ -174,7 +174,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1995/46), 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.

- (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

@@ -302,7 +302,7 @@

- (3) It shall be a defence for a person charged with an offence under subsection (1) above to prove—

- (a) that the roe had been produced in the course of fish farming within the meaning given by section 33(6) of the Fisheries Act [1981 (c. 29)](https://www.legislation.gov.uk/ukpga/1981/29); or

- (a) that the roe had been produced in the course of fish farming within the meaning given by section 33(6) of the Fisheries Act 1981 (c. 29); or

- (b) that that person believed on reasonable grounds that it had been so produced.

@@ -454,7 +454,7 @@

- “*fixed engine*” includes any net or other implement for taking fish which is fixed to the soil or made stationary in any other way; and

- “*uncertificated*” means not having been certificated as privileged under section 5 of the [Solway Salmon Fisheries Commissioners (Scotland) Act 1877 (c.ccxl)](https://www.legislation.gov.uk/ukla/1877/240).

- “*uncertificated*” means not having been certificated as privileged under section 5 of the Solway Salmon Fisheries Commissioners (Scotland) Act 1877 (c.ccxl).

#### Fishing without legal right in the Solway

@@ -514,7 +514,7 @@

- (b) section 7 of this Act, so far as it relates to the said section 2; and

- (c) section 30F(1) of the Control of Pollution Act [1974 (c. 40)](https://www.legislation.gov.uk/ukpga/1974/40) (pollution of controlled waters).

- (c) section 30F(1) of the Control of Pollution Act 1974 (c. 40) (pollution of controlled waters).

#### Exemption from certain offences in respect of certain acts in relation to salmon

@@ -828,7 +828,7 @@

value that fishery and enter it in the valuation roll according to its value in each district.

- (4) A qualified proprietor shall be an upper proprietor or a lower proprietor for the purposes of this Act according to whether the salmon fishery in question is, respectively, upstream or downstream of a division of a river as defined in subsection (7) or (8) below and, in this Act, “upper proprietor” and “lower proprietor” each means a qualified proprietor.

- (4) A qualified proprietor shall be an upper proprietor or a lower proprietor for the purposes of this Act according to whether the salmon fishery in question is, respectively, upstream or downstream of a division of a river as defined in subsection (7) or (8) below and, in this Act, “*upper proprietor*” and “*lower proprietor*” each means a qualified proprietor.

- (5) A person who is a qualified proprietor of one salmon fishery situated above and another situated below a division referred to in subsection (4) above shall be both an upper proprietor and a lower proprietor, whether or not both fisheries are on the same river in the district, and may act in either capacity or in both capacities in accordance with the provisions of this Act.

@@ -852,7 +852,7 @@

and the board may, if they are satisfied that a name should be added or removed, add or remove it.

- (10) Subject to section 5 of the Sheriff Courts (Scotland) Act [1907 (c. 51)](https://www.legislation.gov.uk/ukpga/1907/51) (jurisdiction as regards heritable property), the sheriff may, on summary application made by a person whose request to the board to add or remove a name has not been met, order the board to add or remove that name.

- (10) Subject to section 5 of the Sheriff Courts (Scotland) Act 1907 (c. 51) (jurisdiction as regards heritable property), the sheriff may, on summary application made by a person whose request to the board to add or remove a name has not been met, order the board to add or remove that name.

#### Sole proprietor in a salmon fishery district

@@ -866,7 +866,7 @@

##### 42

- (1) A qualified proprietor or an elected member or convener of a district salmon fishery board may at any time authorise a person to act on behalf of such proprietor, member or convener; and such a person is referred to in this Act as a “mandatory”.

- (2) A mandatory may as such be elected under schedule 2 to this Act as a representative of qualified proprietors or as convener but, subject to subsection (4) below, a person may not authorise another to act as a co-opted member under this Act nor shall a mandatory be co-opted under section 45(2) of this Act.

@@ -1220,7 +1220,7 @@

- (d) seize any fish, instrument or article, boat or vehicle liable to be forfeited in pursuance of this Act.

- (2) A water bailiff appointed by a district salmon fishery board who has reasonable grounds for suspecting that an offence against any of the provisions of this Act has been committed and that evidence of the commission of the offence is to be found in any vehicle on any private land adjoining any water within the district of the district salmon fishery board by which that bailiff was appointed or any adjoining district or in any stationary vehicle on a road within the meaning of the Roads (Scotland) Act [1984 (c. 54)](https://www.legislation.gov.uk/ukpga/1984/54) adjoining such water or such land, may search that vehicle.

- (2) A water bailiff appointed by a district salmon fishery board who has reasonable grounds for suspecting that an offence against any of the provisions of this Act has been committed and that evidence of the commission of the offence is to be found in any vehicle on any private land adjoining any water within the district of the district salmon fishery board by which that bailiff was appointed or any adjoining district or in any stationary vehicle on a road within the meaning of the Roads (Scotland) Act 1984 (c. 54) adjoining such water or such land, may search that vehicle.

- (3) Any water bailiff appointed by a district salmon fishery board may exercise in any district adjoining that of the board by which that bailiff was appointed any power which that bailiff may lawfully exercise in the district of such board.

@@ -1322,17 +1322,19 @@

- (a) conduct inquiries and investigations into questions of practical or scientific importance to salmon and freshwater fisheries, and for such purpose enter on and conduct such operations as may be necessary in any fishery, provided always that no damage shall be done to such fishery and that no interference shall be caused to the rights of the owner or occupier of such fishery;

- (b) collect such statistics relating to the number of salmon caught in any salmon fishery and the species, description and weight, and method and date of capture of such salmon as they may consider necessary, and require any proprietor or occupier of a salmon fishery to furnish them with such statistics relating to such matters in such form and at such times as they may determine; and

- (b) to make orders requiring any proprietor or occupier of a salmon fishery to furnish them with such statistics relating to salmon or to fishing for salmon as they may specify, in such form and at such times as they may specify; and they may make different provision for different cases, including different provision in relation to different persons, circumstances or areas; and

- (c) publish such statistics in such manner as they think fit.

- (2) Any proprietor or occupier of a fishery who wilfully refuses to comply with any requirement made in pursuance of this section, or makes any statement in relation to such a requirement which is false in a material particular, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

- (3) The power under this section to make orders shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

#### Additional powers in respect of licensing and regulation of salmon dealing

##### 65

- (1) Without prejudice to the generality of section 44 of the Civic Government (Scotland) Act [1982 (c. 45)](https://www.legislation.gov.uk/ukpga/1982/45) (power to designate additional activities as subject to licensing and regulation) an order as respects dealing in salmon made under that section may—

- (1) Without prejudice to the generality of section 44 of the Civic Government (Scotland) Act 1982 (c. 45) (power to designate additional activities as subject to licensing and regulation) an order as respects dealing in salmon made under that section may—

- (a) define dealing in salmon and so define it as to—

@@ -1364,7 +1366,7 @@

##### 66

- (1) Notwithstanding any rule of law to the contrary, any contract entered into in writing for a consideration and for a period of not less than a year whereby an owner of land to which a right of fishing for freshwater fish in any inland waters pertains or the occupier of such a right authorises another person to so fish shall be deemed to be a lease to which the Leases Act [1449 (c. 6)](https://www.legislation.gov.uk/aosp/1449/6) applies, and the right of fishing so authorised shall, for the purposes of succession to that right, be deemed to be heritable property.

- (1) Notwithstanding any rule of law to the contrary, any contract entered into in writing for a consideration and for a period of not less than a year whereby an owner of land to which a right of fishing for freshwater fish in any inland waters pertains or the occupier of such a right authorises another person to so fish shall be deemed to be a lease to which the Leases Act 1449 (c. 6) applies, and the right of fishing so authorised shall, for the purposes of succession to that right, be deemed to be heritable property.

- (2) For the purposes of this section “*inland waters*” does not include the tidal parts of rivers.

@@ -1424,21 +1426,21 @@

- (1) In this Act, unless the context otherwise requires—

- “the 1862 Act” means the Salmon Fisheries (Scotland) Act [1862 (c. 97)](https://www.legislation.gov.uk/ukpga/1862/97);

- “the 1864 Act” means the Salmon Fisheries (Scotland) Act [1864 (c. 118)](https://www.legislation.gov.uk/ukpga/1864/118);

- “the 1868 Act” means the Salmon Fisheries (Scotland) Act [1868 (c. 123)](https://www.legislation.gov.uk/ukpga/1868/123);

- “the 1862 to 1868 Acts” means the 1862 Act, the 1864 Act and the 1868 Act;

- “the 1986 Act” means the Salmon Act [1986 (c. 62)](https://www.legislation.gov.uk/ukpga/1986/62);

- “*the 1862 Act*” means the Salmon Fisheries (Scotland) Act 1862 (c. 97);

- “*the 1864 Act*” means the Salmon Fisheries (Scotland) Act 1864 (c. 118);

- “*the 1868 Act*” means the Salmon Fisheries (Scotland) Act 1868 (c. 123);

- “*the 1862 to 1868 Acts*” means the 1862 Act, the 1864 Act and the 1868 Act;

- “*the 1986 Act*” means the Salmon Act 1986 (c. 62);

- “*annual close time for salmon*” has the meaning given in section 37(1) of this Act;

- “*annual close time for trout*” has the meaning given in section 17 of this Act;

- “*assessor*” means an assessor appointed under section 27 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39);

- “*assessor*” means an assessor appointed under section 27 of the Local Government etc. (Scotland) Act 1994 (c. 39);

- “*bag net, fly or other stake net*” shall be construed in accordance with any regulations made under section 31(4) of this Act;

@@ -1462,9 +1464,9 @@

- “*estuary limits*” has the meaning given in section 36 of this Act;

- “*fish farm*” has the same meaning as in section 10(1) of the Diseases of Fish Act [1937 (c. 33)](https://www.legislation.gov.uk/ukpga/1937/33);

- “fishery” and “salmon fishery” mean a salmon fishery in any river or estuary or in the sea;

- “*fish farm*” has the same meaning as in section 10(1) of the Diseases of Fish Act 1937 (c. 33);

- “*fishery*” and “*salmon fishery*” mean a salmon fishery in any river or estuary or in the sea;

- “*fixed engine*” means any engine, net or trap used for the taking of salmon, other than a sweep net which when in use is hauled through the water continuously and is not allowed to be stationary in the water or to drift with the current;

@@ -1504,13 +1506,13 @@

- “*trout*” means non-migratory trout of the species Salmo trutta living in fresh water or in estuaries;

- “*valuation roll*” means a roll made up under section 28(1) of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39) or, in relation to the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles, under section 1 of the Local Government (Scotland) Act [1975 (c. 30)](https://www.legislation.gov.uk/ukpga/1975/30);

- “*vehicle*” means any conveyance other than a vehicle used for the purposes of a public passenger transport service within the meaning of the Transport Act [1985 (c. 67)](https://www.legislation.gov.uk/ukpga/1985/67); and

- “*water bailiff*” means any person appointed as such by— a district salmon fishery board under section 45(3)(b); or by the Scottish Ministers under section 55(5), of this Act.

- (2) References to an occupier of a right of fishing for freshwater fish are references to a person who is in possession of that right as tenant under a lease of land to which such a right pertains or under a contract which by virtue of section 66 of this Act is deemed to be a lease and, for the purposes of this subsection “tenant” and “lease” include “subtenant” and “sublease” respectively.

- “*valuation roll*” means a roll made up under section 28(1) of the Local Government etc. (Scotland) Act 1994 (c. 39) or, in relation to the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles, under section 1 of the Local Government (Scotland) Act 1975 (c. 30);

- “*vehicle*” means any conveyance other than a vehicle used for the purposes of a public passenger transport service within the meaning of the Transport Act 1985 (c. 67); and

- “*water bailiff*” means any person appointed as such by—a district salmon fishery board under section 45(3)(b); orby the Scottish Ministers under section 55(5),of this Act.

- (2) References to an occupier of a right of fishing for freshwater fish are references to a person who is in possession of that right as tenant under a lease of land to which such a right pertains or under a contract which by virtue of section 66 of this Act is deemed to be a lease and, for the purposes of this subsection “*tenant*” and “*lease*” include “subtenant” and “sublease” respectively.

- (3) In this Act, “*proprietor*” includes not more than one person authorised by—

@@ -1544,7 +1546,7 @@

- (6) For the purposes of this section and section 70 of this Act—

- “*River Tweed*” and “*River Esk*” have the same meaning as in section 111 of the Scotland Act [1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46);

- “*River Tweed*” and “*River Esk*” have the same meaning as in section 111 of the Scotland Act 1998 (c. 46);

- “*Upper Esk*” means that part of the River Esk lying upstream of a line drawn from a point at grid reference NY 3245 6632 on the western bank of the River Sark in a southerly direction to a point at grid reference NY 3245 6503 on the coast of Cumbria; and

@@ -1920,7 +1922,7 @@

- (4) If any representation or objection duly made is not withdrawn, the Scottish Ministers may forthwith make the order or may cause a local inquiry to be held.

- (5) Sub-paragraphs (2) to (8) of paragraph 5 above shall apply in relation to an inquiry under this paragraph as they apply in relation to an inquiry under that paragraph, but as if in sub-paragraph (3) of that paragraph for the word “proposals” there were substituted the words “proposed revocation”.

- (6) Paragraph 6 and 7 above shall apply in relation to an order revoking a protection order as they apply in relation to a protection order, but as if in paragraph 6 for the reference to paragraph 5 above there were substituted a reference to this paragraph.

@@ -1940,7 +1942,7 @@

In section 18 (enforcement of orders in relation to salmon and migratory trout) of the Sea Fish (Conservation) Act 1967, for subsection (2) there shall be substituted—

> (2) Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district salmon fishery board within the meaning of the [Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)](https://www.legislation.gov.uk/asp/2003/15), or on landing salmon or migratory trout at a place within such a district as aforesaid, the provisions of sections 52, 53, 54, 55, 57, 58 and 60(3) and (4) of that Act (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Act.

> (2) Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district salmon fishery board within the meaning of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), or on landing salmon or migratory trout at a place within such a district as aforesaid, the provisions of sections 52, 53, 54, 55, 57, 58 and 60(3) and (4) of that Act (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Act.

#### Inshore Fishing (Scotland) Act 1984 (c. 26)

@@ -1948,7 +1950,7 @@

- (1) The Inshore Fishing (Scotland) Act 1984 shall be amended as follows.

- (2) In subsection (1) of section 7 (powers of water bailiffs etc.), for the words from “district board” to the end there shall be substituted the words “district salmon fishery board within the meaning of the [Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)](https://www.legislation.gov.uk/asp/2003/15) (“the 2003 Act”).”

- (2) In subsection (1) of section 7 (powers of water bailiffs etc.), for the words from “district board” to the end there shall be substituted the words “ district salmon fishery board within the meaning of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) (“*the 2003 Act*”). ”

- (3) For subsection (2) of section 7 there shall be substituted—

@@ -1960,13 +1962,13 @@

- (1) The Water Act 1989 shall be amended as follows.

- (2) In paragraph 4 of Schedule 17 (minor and consequential amendments) for the words from “section 15” to “Secretary of State” there shall be substituted the words “section 64 of the [Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)](https://www.legislation.gov.uk/asp/2003/15) (power of Scottish Ministers”.

- (2) In paragraph 4 of Schedule 17 (minor and consequential amendments) for the words from “section 15” to “Secretary of State” there shall be substituted the words “ section 64 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) (power of Scottish Ministers ”.

- (3) In the paragraph to be inserted into this Act by paragraph (a) of that paragraph—

- (a) for the word “him” there shall be substituted the word “them”; and

- (b) for the word “he”, in each place where it occurs, there shall be substituted the word “they”.

- (a) for the word “him” there shall be substituted the word “ them ”; and

- (b) for the word “he”, in each place where it occurs, there shall be substituted the word “ they ”.

## Part 2 — Repeals and revocations

@@ -2205,531 +2207,3 @@

[^key-a41874c5f04bfa43f6aa8cfbfd62b232]: S. 64(1)(b) substituted (1.4.2005) by 1989 (c.15), s. 141, Sch. 17 para. 4(a) (as amended by [Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)](https://www.legislation.gov.uk/asp/2003/15), [s. 71(2)](https://www.legislation.gov.uk/asp/2003/15/section/71/2), [Sch. 4 para. 3](https://www.legislation.gov.uk/asp/2003/15/schedule/4/paragraph/3/2) (with [s. 71(3)](https://www.legislation.gov.uk/asp/2003/15/section/71/3)[(4)](https://www.legislation.gov.uk/asp/2003/15/section/71/4)[(6)](https://www.legislation.gov.uk/asp/2003/15/section/71/6))); [S.S.I. 2005/174](https://www.legislation.gov.uk/ssi/2005/174), [art. 2](https://www.legislation.gov.uk/ssi/2005/174/article/2)

[^M_F_15537265-7ad8-4bc8-a551-3d4d39bf61e3]: S. 64(3) added (1.4.2005) by 1989 (c.15), s. 141, Sch. 17 para. 4(b) (as amended by [Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)](https://www.legislation.gov.uk/asp/2003/15), [s. 71(2)](https://www.legislation.gov.uk/asp/2003/15/section/71/2), [Sch. 4 para. 3](https://www.legislation.gov.uk/asp/2003/15/schedule/4/paragraph/3/2) (with [s. 71(3)](https://www.legislation.gov.uk/asp/2003/15/section/71/3)[(4)](https://www.legislation.gov.uk/asp/2003/15/section/71/4)[(6)](https://www.legislation.gov.uk/asp/2003/15/section/71/6))); [S.S.I. 2005/174](https://www.legislation.gov.uk/ssi/2005/174), [art. 2](https://www.legislation.gov.uk/ssi/2005/174/article/2)

#### Methods of fishing: salmon

##### 3A

- (1) For the purposes of this Act, a person shall be treated as fishing for or taking fish by rod and line in the circumstances set out in subsection (2), (3) or (4) only if the condition specified in the relevant subsection is met.

- (2) Where a person—

- (a) is fishing for or taking salmonids, and

- (b) is not doing so from a boat,

the condition is that the person uses a single rod and line and that the rod is being held by the person.

- (3) Where a person—

- (a) is fishing for or taking freshwater fish other than salmonids, and

- (b) is not doing so from a boat,

the condition is that the person uses no more than 4 rods for that purpose at any one time.

- (4) Where a person—

- (a) is fishing for or taking fish, and

- (b) is doing so from a boat,

the condition is that no more than 4 rods are used on the boat for that purpose at any one time.

- (5) In this section, “*salmonids*” means all fish of the family Salmonidae.

##### 5A

- (1) Any person who uses a pike gag in relation to the fishing for or taking of fish shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

- (2) Any person who uses—

- (a) a knotted keepnet (that is, a keepnet the mesh of which is knotted),

- (b) a metallic keepnet, (that is, a keepnet the mesh of which is made of metallic material),

in relation to the fishing for or taking of fish shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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

- (4) In subsection (1), “*pike gag*” means a device used for the purpose of keeping the jaws of a fish open by inserting it into the mouth of the fish.

### Close times for freshwater fish

##### 17A

- (1) The Scottish Ministers may by order, after consulting such persons as they consider appropriate, specify a weekly close time for freshwater fish.

- (2) An order under subsection (1) may make different provision for different species of freshwater fish.

- (3) During a weekly close time specified by virtue of subsection (1), no person shall fish for or take such freshwater fish as are so specified in relation to that close time.

- (4) Any person who contravenes an order made under this section shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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

- (6) An order under subsection (1) may specify that the effect of the order is applicable only to a particular part or area of Scotland.

##### 17B

- (1) The Scottish Ministers may by order, after consulting such persons as they consider appropriate, specify an annual close time for freshwater fish other than trout.

- (2) An order under subsection (1) may make different provision for different species of freshwater fish.

- (3) Subject to subsections (4) and (5) below, any person who, during the annual close time specified by virtue of subsection (1) in relation to a species of fish—

- (a) fishes for or takes such fish in any inland waters; or

- (b) is in possession of such fish,

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

- (4) It shall not be an offence under this section for the owner or occupier of any water where fish in relation to which an annual close time is specified by virtue of subsection (1) are kept in captivity or artificially reared or fed, or any person employed by such a person, to take such fish 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.

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

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

- (7) An order under subsection (1) may specify that the effect of the order is applicable only to a particular part or area of Scotland.

### Conservation measures

##### 51A

- (1) The Scottish Ministers may make regulations under this section if they consider that it is necessary or expedient to do so for the conservation of freshwater fish.

- (2) Regulations under this section shall not be taken to be for something other than the conservation of freshwater fish by reason only that they also have effect in relation to the management of freshwater fisheries for exploitation.

- (3) In considering whether or not it is necessary or expedient to make regulations under this section the Scottish Ministers shall have regard to any representations made to them by any person having an interest in fishing for or taking freshwater fish, or in the environment.

- (4) Regulations under this section—

- (a) may be made in relation only to freshwater fisheries;

- (b) may make different provision for different species of freshwater fish.

- (5) Without prejudice to the generality of the power conferred by this section, regulations under this section may prohibit the use of specified baits and lures for the purposes of the definition of “rod and line” in section 4(1) of this Act in the case of fishing for freshwater fish.

- (6) Regulations under this section which prohibit the use of specified baits and lures for the purposes mentioned in subsection (5) shall specify, subject to such exceptions as may be so specified—

- (a) baits and lures or classes of baits or lures, the use of which is prohibited;

- (b) times when the regulations apply;

- (c) areas to which the regulations apply.

- (7) Regulations under this section may—

- (a) confer upon constables and water bailiffs such powers of enforcement, additional to those otherwise available under this Act, as the Scottish Ministers consider necessary or expedient for the purposes of the regulations;

- (b) make provision generally in relation to any river, or in relation to any time or season;

- (c) make different provision for different parts of a river, or for different cases or classes of case.

- (8) Any person who—

- (a) acts in contravention of; or

- (b) fails to take any action required of that person by, or to comply with any requirement imposed on that person by,

regulations made under this section shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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

- (10) Paragraphs 9A and 11 to 15 of schedule 1 to this Act shall have effect in relation to the making of regulations under this section.

### Freshwater fish conservation regulations

##### 9A

- (1) Before making regulations under section 51A of this Act, the Scottish Ministers shall consult such persons as they consider appropriate and then proceed in accordance with paragraphs 11 to 15 below.

- (2) In the application of paragraphs 11 to 15 below to regulations made under section 51A of this Act—

- (a) references to an applicant and to an application shall be omitted;

- (b) references to proposals shall be construed as the proposals of the Scottish Ministers in relation to the proposed regulations in question;

- (c) paragraph 11(3) shall be omitted;

- (d) in paragraph 12(a), the reference to paragraph 10 is to be read as if there were substituted a reference to paragraph 9A(1).

#### Meaning of “rod and line”

### Unauthorised introduction of fish into inland waters

##### 33A

- (1) A person shall be guilty of an offence if the person intentionally introduces any live fish or live spawn of any fish into inland waters.

- (2) A person shall be guilty of an offence if the person possesses any live fish or live spawn of any fish with the intention of introducing it into inland waters.

- (3) A person shall not be guilty of an offence under this section if—

- (a) the inland waters concerned constitute or are included in a fish farm, or

- (b) the appropriate authority have previously consented in writing.

- (4) Where—

- (a) the fish concerned are salmon or the spawn concerned are salmon spawn, and

- (b) the inland waters concerned are in a salmon fishery district for which there is a district salmon fishery board,

the district salmon fishery board are the appropriate authority.

In any other case the Scottish Ministers are the appropriate authority.

- (5) Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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

#### Sole proprietor in a salmon fishery district

##### 21A

- (1) The Scottish Ministers may by regulations make provision for or in connection with tagging the carcasses of salmon.

- (2) Regulations under subsection (1) above may, in particular, make provision—

- (a) about—

- (i) the nature and form of tags,

- (ii) the information which tags are to contain and the nature and form of that information,

- (iii) applications for, and the supply, issue and storage of, tags,

- (iv) the persons or descriptions of persons who may supply and issue tags, including provision about registration of such persons,

- (v) the method of affixing tags to carcasses and the circumstances in which, and the time at or by which, they are to be affixed,

- (vi) the circumstances in which, and the time at or by which, tags may be removed,

- (vii) the steps to be taken in the event of loss of, or damage to, tags,

- (b) for or about the keeping of records in connection with fishing for, taking, and tagging of salmon to which the regulations apply (including the form and content of such records),

- (c) for or about the inspection or examination of those records, or the information contained in them, by persons or descriptions of persons mentioned in paragraph (e) below, by such methods as the regulations may specify, and the steps to be taken in the event of loss of, or damage to, the records,

- (d) for or about the inspection or examination of tags by persons or descriptions of persons mentioned in paragraph (e) below, including provision about the retention of tags after their removal,

- (e) for or about persons, or descriptions of persons, responsible for enforcing and ensuring compliance with the regulations (including the appointment and functions of such persons),

- (f) for or about the seizure, detention and destruction by persons, or descriptions of persons, mentioned in paragraph (e) above of salmon—

- (i) that have not been tagged, or

- (ii) from which a tag has been removed otherwise than,

in accordance with the provisions of the regulations,

- (g) for or about the imposition by the Scottish Ministers of charges for the recovery of any reasonable costs they incur in connection with the supply or issue of tags (including charges in relation to the administration costs associated with the imposition of such charges),

- (h) for exemptions and exceptions to the regulations and for matters in respect of which the regulations do not apply.

- (3) Regulations under subsection (1) above may make—

- (a) different provision for different purposes and areas,

- (b) incidental, supplemental, consequential, transitional, transitory or saving provision,

- (c) such modifications of Part 5 of this Act as the Scottish Ministers think fit.

- (4) A person commits an offence if the person—

- (a) sells, offers or exposes for sale, or has in the person's possession, any salmon—

- (i) that has not been tagged in accordance with regulations under subsection (1) above, or

- (ii) from which a tag has been removed otherwise than in accordance with such regulations,

- (b) acts in contravention of such regulations, or

- (c) fails to take any action required of that person or (as the case may be) fails to comply with any requirement imposed on that person by such regulations.

- (5) It is a defence for a person charged with an offence under subsection (4)(c) above to show that the person had a reasonable excuse for failing to take any action or comply with any requirement as mentioned in that subsection.

- (6) A person who commits an offence under subsection (4) above—

- (a) is liable on summary conviction to a fine not exceeding level 4 on the standard scale,

- (b) may be convicted on the evidence of one person.

#### Power to modify district salmon fishery boards' functions under section 33A

##### 33B

- (1) This section applies to the functions of the appropriate authority under section 33A(3)(b) and (3A) of this Act (the “consenting functions”) so far as the functions may be carried out by district salmon fishery boards.

- (2) The Scottish Ministers may by regulations—

- (a) provide for the consenting functions to be carried out by the Scottish Ministers instead of district salmon fishery boards in specified cases or circumstances,

- (b) provide for applications made to district salmon fishery boards for consent under section 33A of this Act to be referred to the Scottish Ministers in specified cases or circumstances,

- (c) in relation to an application referred to the Scottish Ministers by virtue of provision made under paragraph (b) above, provide for the Scottish Ministers—

- (i) to determine the application and to carry out the consenting functions in relation to the application, or

- (ii) to issue directions to the district salmon fishery board to which the application was made about the determination of the application and the carrying out of the consenting functions in relation to the application.

- (3) Regulations under subsection (2) above may—

- (a) make different provision for different purposes, including different provision for—

- (i) different district salmon fishery districts, or

- (ii) different inland waters or parts of such waters,

- (b) include incidental, supplemental, consequential, transitional, transitory or saving provision.

- (4) In subsection (2) above, “*specified*” means specified in regulations under that subsection.

#### Sole proprietor in a salmon fishery district

##### 46A

- (1) This section applies in relation to the report to be prepared under section 44(1)(a) of this Act by a district salmon fishery board.

- (2) The board must ensure that the report contains, in particular—

- (a) a summary of what the board have done in carrying out their functions under this Act, or any other enactment, during the year to which the report relates,

- (b) a summary of what the board propose to do in carrying out those functions in the following year,

- (c) information about complaints made to the board during the year, including—

- (i) the number of complaints, and

- (ii) a statement of the nature of each complaint and how it was disposed of, and

- (d) a statement as to how the board—

- (i) have complied during the year with the good governance requirements, and

- (ii) propose to comply with those requirements in the following year.

- (3) For the purposes of subsection (2)(d) above, the “good governance requirements” are the requirements under—

- (a) this section,

- (b) section 44(1) and (1A) of this Act, and

- (c) sections 46B to 46E of this Act.

##### 46B

- (1) A district salmon fishery board—

- (a) must hold one public meeting in each year, to be known as the “annual public meeting” of the board, and

- (b) may hold other public meetings in the course of the year.

- (2) Subject to subsection (4) below, the matters to be considered at the annual public meeting are for the board to determine, but must include the final report and statement of accounts required to be prepared under section 44(1).

- (3) The reference in subsection (2) above to the final report and audited accounts is to be construed in accordance with section 44(1B) of this Act.

- (4) The board must ensure that members of the public, and others who attend or propose to attend the meeting, are given an opportunity—

- (a) to propose matters for consideration at the meeting, and

- (b) to speak at the meeting.

##### 46C

- (1) Subsection (2) below applies in relation to—

- (a) the annual meeting of qualified proprietors required to be called by the clerk of a district salmon fishery board under section 44(1) of this Act, and

- (b) the annual public meeting of a district salmon fishery board.

- (2) The clerk of the board must, no later than 21 days before the day on which the meeting is to be held—

- (a) prepare a notice—

- (i) specifying the date and time of the meeting and the place where it is to be held,

- (ii) containing a list of the matters to be considered at the meeting,

- (iii) stating that the meeting is open to the public, and

- (iv) in the case of the annual public meeting, providing information as to how salmon anglers, tenant netsmen and other members of the public can submit proposals for matters to be considered at the meeting,

- (b) arrange for the notice to be published in such manner as the clerk considers appropriate, and

- (c) send a copy of the notice to the Scottish Ministers.

- (3) In relation to any other meeting of a district salmon fishery board, the clerk of the board must—

- (a) take such steps as the clerk considers appropriate to publicise the meeting, and

- (b) subject to subsection (6) below, ensure that the public are given an opportunity to attend the meeting.

- (4) Subsections (5) to (9) below apply in relation to—

- (a) the meetings referred to in subsection (1) above, and

- (b) any other meeting of a district salmon fishery board.

- (5) Subject to subsection (6) below, the board must ensure that the business at the meeting is conducted in public.

- (6) In the case of a meeting other than the annual public meeting, the board may, if there is a good reason for doing so, decide to conduct the meeting, or to consider any particular item of business, in private.

- (7) As soon as practicable after the meeting, the clerk of the board must—

- (a) prepare a minute of the meeting,

- (b) arrange for the minute to be published in such manner as the clerk considers appropriate, and

- (c) in the case of the minutes of the meetings referred to in subsection (1) above, send a copy of the minutes to the Scottish Ministers.

- (8) Subsection (9) below applies where the board decide—

- (a) to conduct the meeting in private, or

- (b) to consider any item of business at the meeting in private.

- (9) The board must state reasons for the decision and ensure that the statement of reasons is included in the minute of the meeting.

##### 46D

- (1) A district salmon fishery board must maintain, and keep under review, proper arrangements for dealing with complaints made to the board about the way in which the board have carried out, or propose to carry out, their functions under this Act or any other enactment.

- (2) A board's arrangements under subsection (1) above must, in particular, include provision for dealing with complaints made by—

- (a) members of the public,

- (b) proprietors of salmon fisheries in the board's district,

- (c) salmon anglers in the board's district,

- (d) tenant netsmen in the board's district,

- (e) members of the board,

- (f) other district salmon fishery boards.

- (3) The arrangements may make different provision in relation to different categories of complaint or complainant.

- (4) As soon as practicable after making or reviewing arrangements under subsection (1) above, a district salmon fishery board must—

- (a) take such steps to publicise the arrangements as the board consider appropriate in order to bring them to the attention of persons who may wish to make complaints, and

- (b) send to the Scottish Ministers a note of the arrangements.

- (5) A district salmon fishery board must keep records of complaints made to the board about the way in which they have carried out, or propose to carry out, their functions, including information about how each complaint was disposed of.

##### 46E

- (1) A district salmon fishery board must maintain, and keep under review, proper arrangements for the registration and declaration of relevant financial interests of members of the board.

- (2) A board's arrangements under subsection (1) above must, in particular, include provision for—

- (a) further defining what are relevant financial interests,

- (b) the clerk to keep a register of members' relevant financial interests,

- (c) members to register their relevant financial interests in the register,

- (d) members to declare any relevant financial interests before taking part in the board's consideration of any business,

- (e) members to be excluded from taking part in the board's consideration of any business in which the member has a relevant financial interest.

- (3) A district salmon fishery board must ensure that the register of members' relevant financial interests is made available for public inspection.

- (4) In this section, “relevant financial interests”—

- (a) means interests of a pecuniary nature that could be affected by a decision of the board, or the holding of which could otherwise have a bearing on or otherwise influence a member's view on any matter being considered by the board, and

- (b) includes such interests held by a member or by another person with whom the member has a personal or business relationship.

##### 46F

- (1) The Scottish Ministers may by order—

- (a) modify any of the good governance requirements,

- (b) modify this Act so as to impose further requirements on district salmon fishery boards.

- (2) An order under subsection (1) above may make only such provision as the Scottish Ministers consider necessary for a purpose specified in subsection (3) below.

- (3) The purposes are—

- (a) ensuring that the boards' affairs are conducted in an open and accountable manner,

- (b) ensuring that the boards' affairs are conducted to appropriate standards of propriety and good governance.

- (4) An order under subsection (1) above may include incidental, supplemental, consequential, transitional, transitory or saving provision.

- (5) In this section, the “*good governance requirements*” has the same meaning as in section 46A(3) of this Act.

##### 46G

- (1) This section applies where the Scottish Ministers consider that a district salmon fishery board have persistently—

- (a) failed to comply with the good governance requirements, or

- (b) otherwise contravened the requirements of this Act.

- (2) The Scottish Ministers may by order dissolve the committee constituting the board on a date specified in the order.

- (3) The dissolution of the committee by an order under subsection (2) above has the same effect in relation to the committee (and the board) as the expiry of the period of three years mentioned in sections 43(3) and 47(1) of this Act.

- (4) Accordingly, the references in section 43(3) and 47(1) of this Act to the expiry of the period of three years are to be read, in relation to a committee dissolved by an order under subsection (2) above, as including a reference to the date of dissolution specified in the order.

- (5) In this section, the “*good governance requirements*” has the same meaning as in section 46A(3) of this Act.

##### 64A

- (1) A person authorised by the Scottish Ministers (an “authorised person”) may—

- (a) for a purpose mentioned in subsection (2)(a) or (b) below, require a person having rights in a salmon fishery or freshwater fishery—

- (i) to permit the authorised person to take and retain fish from the fishery,

- (ii) to permit the authorised person to take samples of material from fish in the fishery,

- (iii) to provide the authorised person with fish, or samples of material from fish, in the fishery,

- (b) for a purpose mentioned in subsection (2)(c) below, affix a tag of such type and in such a way as the Scottish Ministers consider appropriate to any fish taken from a salmon fishery or freshwater fishery,

- (c) for a purpose mentioned in subsection (2)(d) below, enter on a salmon fishery or freshwater fishery.

- (2) The purposes referred to in subsection (1) above are—

- (a) carrying out analysis of the fish or samples by any method that the Scottish Ministers consider appropriate,

- (b) ascertaining whether an offence has been committed under section 33A of this Act,

- (c) tracking or monitoring the fish,

- (d) exercising the powers mentioned in paragraphs (a) and (b) of subsection (1) above, or tracking or monitoring fish tagged under paragraph (b) of that subsection.

- (3) An authorised person seeking to exercise a power mentioned in subsection (1) above must, if requested, produce evidence of identity and authorisation.

- (4) A person having rights in a salmon fishery or freshwater fishery commits an offence if the person—

- (a) fails or wilfully refuses to comply with a requirement under paragraph (a) of subsection (1) above, or

- (b) obstructs an authorised person in the exercise of any of the powers under paragraph (b) or (c) of that subsection.

- (5) It is a defence for a person charged with an offence under subsection (4)(a) above to show that the person had a reasonable excuse for failing or refusing to comply with a requirement as mentioned in that subsection.

- (6) A person who commits an offence—

- (a) under subsection (4)(a) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale,

- (b) under subsection (4)(b) above is liable on summary conviction—

- (i) to a fine not exceeding level 3 on the standard scale,

- (ii) to imprisonment for a term not exceeding 3 months, or

- (iii) to both such fine and such imprisonment.

- (7) In this section, references to a person having rights in a salmon fishery or freshwater fishery are to be construed in accordance with section 64(3) of this Act.

2003-05-01

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

original version Text at this date