Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Aquaculture and Fisheries (Scotland) Act 2013

Type Act of the Scottish Parliament

Publication 2013-06-18

Last updated 2024-01-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — Aquaculture

CHAPTER 1 — Fish farm management

Fish farm management agreements and statements

1

(1) The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2) After section 4 insert—

(4A) (1) A person who carries on a business of fish farming at a fish farm located within a farm management area must— (a) be party to a farm management agreement, or prepare and maintain a farm management statement, in relation to the fish farm, and (b) ensure that the fish farm is managed and operated in accordance with the agreement or (as the case may be) statement. (2) For the purposes of this section, a “farm management agreement” is an agreement— (a) between two or more persons who carry on a business of fish farming at fish farms located in a farm management area, and (b) which contains provision about the matters specified in subsection (4). (3) For the purposes of this section, a “farm management statement” is a statement— (a) prepared and maintained by a person who— (i) carries on a business of fish farming at a fish farm located in a farm management area, and (ii) is not, in relation to that fish farm, party to a farm management agreement, and (b) which contains provision about the matters specified in subsection (4). (4) The matters referred to in subsections (2)(b) and (3)(b) are— (a) a description of the farm management area and the fish farm or farms to which the agreement or statement applies, (b) arrangements for— (i) fish health management, (ii) management of parasites, (iii) the movement of live fish on and off the farms, (iv) the harvesting of fish, (v) fallowing of the farms after harvesting, (c) review of the agreement or statement at least every 2 years, (d) in the case of a farm management agreement, arrangements for persons to become, or cease to be, parties to the agreement. (5) In this section— - the “Code of Practice” means the document called the Code of Good Practice for Scottish Finfish Aquaculture as issued and revised from time to time by the body known as the Code of Good Practice Management Group, - “farm management area” means an area specified as such in the Code of Practice. (6) The Scottish Ministers may by order modify the definition of the Code of Practice in subsection (5) so as to— (a) substitute a reference to another document for the one for the time being referred to in that definition, (b) substitute a reference to another body for the one for the time being referred to in that definition. (7) An order under subsection (6) may— (a) include incidental, supplemental, consequential, transitional, transitory or saving provision, (b) modify any enactment, instrument or document. (4B) (1) An inspector may carry out an inspection of any fish farm to which section 4A(1) applies for the purpose of ascertaining whether that section is being complied with. (2) In particular, an inspection under subsection (1) may include— (a) taking samples (including samples of fish or material from fish), (b) examining, and taking copies of, documents or records. (3) An inspector may arrange for the carrying out of such tests as the inspector considers necessary, using samples taken during an inspection under subsection (1), for the purpose mentioned in subsection (1).

(3) In section 6 (enforcement notices), for subsection (1) substitute—

(1) Where the Scottish Ministers are satisfied that a person who carries on a business of fish farming— (a) does not have satisfactory measures in place for any of the purposes mentioned in subsection (2), or (b) in relation to a fish farm to which section 4A(1) applies, has failed or is failing to comply with that section, the Scottish Ministers may serve a notice (“an enforcement notice”) on the person.

(4) In section 43(3) (orders subject to affirmative procedure), in paragraph (a), after “section” insert “ 4A(6) or ”.

Escapes, and obtaining samples, from fish farms

2

(1) The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2) In section 5 (inspections: containment and escape of fish)—

(a) in subsection (2), after paragraph (b) insert—

(ba) ascertaining the origin of fish known or believed to have escaped from the fish farm or any other fish farm,

(b) in subsection (3), in paragraph (a), after “equipment” insert “ , fish or material from fish ”.

(3) After section 5 insert—

(5A) (1) An inspector may take samples of fish, or material from fish, on a fish farm for any of the purposes mentioned in subsection (3). (2) An inspector may require a person who carries on a business of fish farming to provide the inspector with samples of fish, or material from fish, on the fish farm for a purpose mentioned in subsection (3). (3) The purposes are— (a) assisting any investigations into escapes of fish from fish farms that may require to be carried out, (b) analysing the samples mentioned in subsections (1) and (2) for scientific or other research, (c) assessing the impact of— (i) the operations of fish farms on the environment, (ii) escapes of fish from fish farms on stocks of fish other than those on fish farms, and (d) developing methods of tracing the origins of fish that escape from fish farms. (4) This section is without prejudice to sections 4B and 5.

CHAPTER 2 — Fish farming: equipment and wellboats

Equipment

Technical requirements for equipment used in fish farming

3

(1) The Scottish Ministers may, for a purpose mentioned in subsection (2), by regulations—

(a) prescribe technical requirements for equipment to be used for or in connection with fish farming,

(b) impose requirements on fish farm operators in relation to the training of their employees or agents in connection with the installation, maintenance or operation of equipment for which requirements are prescribed under paragraph (a), and

(2) The purposes are—

(a) the containment of fish,

(b) the prevention of escape of fish,

(3) Regulations under subsection (1) may, in particular—

(a) prescribe requirements as to the design, construction (including the materials used in construction), manufacture, installation, maintenance or size of equipment,

(b) provide for the appointment or authorisation of persons (“inspectors”) to inspect equipment and records for the purpose of ensuring compliance with the regulations,

(i) powers of entry, search and seizure,

(ii) powers to obtain information or evidence,

(d) impose requirements on fish farm operators, or their employees or agents, as to—

(i) the provision of information to inspectors,

(ii) allowing access by inspectors, and

(iii) cooperation with inspectors,

(e) confer powers on inspectors to impose such requirements,

(f) impose requirements on fish farm operators, or their employees or agents, as to—

(i) the keeping of records in relation to equipment and the making of those records available for inspection,

(ii) the keeping of records in relation to training provided or undertaken in pursuance of any requirement imposed under subsection (1)(b) and the making of those records available for inspection,

(iii) the notification or reporting of failures in equipment,

(g) create criminal offences in relation to failures to comply with the regulations and make other provision for dealing with such offences, including—

(i) the provision of defences,

(ii) evidential matters,

(h) provide for other sanctions for dealing with such failures,

(i) provide for procedures (including appeals) for enforcing compliance with the regulations,

(j) make different provision for different types of fish farming and different species of fish.

(4) Regulations under subsection (1) may prescribe or impose requirements—

(a) by reference to a document published by or on behalf of the Scottish Ministers or such other person, or person of such description, as is specified in the regulations, or

(b) by reference to the approval or satisfaction of such person, or person of such description, as is specified in the regulations.

(5) Where regulations under subsection (1) create a criminal offence, they must provide for the offence to be—

(a) triable summarily, and

(b) punishable by a fine not exceeding level 4 on the standard scale.

(6) Regulations under subsection (1) may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified in the regulations.

(7) Sanctions provided for under subsection (3)(h) may include suspension or revocation of any authorisations required by fish farm operators to operate as such.

(8) In this section, “fish farm operators” means persons carrying on a business of fish farming.

Wellboats

Meaning of “wellboat”

4

(1) In this Chapter, “wellboat” means a vessel that contains a tank or well for holding water (including sea water)—

(a) into which live farmed fish may be taken, and

(b) in which the fish may be subsequently kept,

for a purpose mentioned in subsection (2).

(2) The purposes are—

(a) the transportation of farmed fish,

(b) the storage of farmed fish,

(d) the treatment of farmed fish in connection with health, parasites, pathogens or diseases,

(e) the grading of farmed fish.

(3) For the purposes of this section, it is irrelevant whether or not the farmed fish remain alive in the course of any activity mentioned in subsection (2).

(4) In this section—

“farmed fish” means fish produced by fish farming, and

“grading”, in relation to farmed fish, means separating and sorting the fish according to size.

Control and monitoring of operations of wellboats

5

(1) The Scottish Ministers may by regulations make provision for or about controlling and monitoring the operations of any wellboat in Scotland.

(2) Regulations under subsection (1) may, in particular, include provision for or about—

(a) the measures to be taken to prevent, reduce, remove or otherwise control the risk of the spread of parasites, pathogens or diseases as a result of wellboat operations,

(b) the installation of such equipment, or types of equipment, as may be specified—

(i) to prevent, reduce, remove or otherwise control such a risk,

(ii) to enable compliance with the regulations to be monitored,

(3) Regulations under subsection (1) may impose requirements on, and only on—

(a) the master of a wellboat,

(b) an owner of a wellboat,

(4) Regulations under subsection (1) may make different provision for—

(a) different descriptions of wellboat,

(b) different operations,

(d) different periods of time.

(5) A person commits an offence if the person—

(a) acts in contravention of regulations under subsection (1),

(b) fails to take any action required of that person by such regulations, or

(6) No proceedings may be taken or continued against a person for an offence under subsection (5) in respect of a matter in relation to which an enforcement notice under section 6 has been served.

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

(8) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9) In this section, “specified” means specified in regulations made under subsection (1).

Enforcement notices

6

(1) This section applies where the Scottish Ministers are satisfied that a person has failed or is failing to comply with any requirement imposed on that person by regulations under section 5(1).

(2) The Scottish Ministers may serve a notice (an “enforcement notice”) on the person.

(3) The enforcement notice must specify—

(a) the grounds for the service of the notice,

(b) the action that the person on whom it is served is required to take in order to ensure compliance with the regulations, and

(c) the date by which that action is to be taken, which must be no earlier than 14 days after the day on which the notice is served.

(4) The Scottish Ministers may publicise the serving of an enforcement notice; and they may do so to such extent, in such manner and in such form as they think fit.

(5) A person on whom an enforcement notice has been served may appeal by way of summary application to a sheriff against the notice.

(6) An appeal under subsection (5) must be made before the expiry of the period of 7 days beginning with the day on which the notice is served.

(7) Where an appeal is made under subsection (5), the enforcement notice has no effect until the appeal is withdrawn or finally determined.

(8) In an appeal under subsection (5)—

(a) the sheriff may make such order as the sheriff thinks appropriate, and

(b) the sheriff's decision is final.

(9) If the appeal is not upheld, the date by which the action specified in the notice is to be taken is such date as the sheriff may specify in the order disposing of the appeal.

(10) A person on whom an enforcement notice has been served commits an offence if the person fails to comply with the requirements of the notice.

(11) It is a defence for a person charged with an offence under subsection (10) to show that the person had a reasonable excuse for failing to comply with such requirements.

(12) A person who commits an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Marine enforcement officers’ functions

7

(1) For the purpose of enforcing regulations under section 5(1), a marine enforcement officer has—

(a) the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010,

(b) the power conferred by section 150 of that Act (power to require information relating to certain substances and objects),

(d) the powers conferred by section 8.

(2) Where the requirements of an enforcement notice under section 6 have not been complied with, a marine enforcement officer may take such action as the officer considers necessary to fulfil the requirements.

(3) Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if—

(a) any reference to a power conferred by Part 7 of that Act included a reference to—

(i) such a power as applied by subsection (1),

(ii) the power conferred by subsection (2), and

(iii) the powers conferred by section 8, and

(b) any reference to a marine enforcement officer's functions under that Act included a reference to—

(i) such functions as applied by subsection (1),

(ii) a marine enforcement officer's function under subsection (2), and

(iii) a marine enforcement officer's functions under section 8.

(4) The powers which a marine enforcement officer has for the purposes of enforcing regulations under section 5(1) may be exercised in the Scottish marine area and in any other part of Scotland.

(5) A marine enforcement officer may take action as mentioned in subsection (2) whether or not proceedings have been taken for an offence under section 6(10).

(6) The Scottish Ministers may recover any expenses reasonably incurred by a marine enforcement officer in taking action as mentioned in subsection (2) from the person on whom the enforcement notice was served.

(7) In this section, “Scottish marine area” has the same meaning as in section 1 of the Marine (Scotland) Act 2010.

Power to detain wellboats in connection with court proceedings

8

(1) This section applies where—

(a) a marine enforcement officer has reasonable grounds for suspecting that an offence under section 5(5) has been committed by the master, an owner or a charterer of a wellboat (referred to as “A”), and

(b) the officer reasonably believes that—

(i) if proceedings are taken against A for the offence, there is a real risk that A will not attend court unless the wellboat is detained under this section, or

(ii) if A is convicted of the offence and the court by or before which A is convicted imposes a fine on A, it is likely that the court will order the vessel to be detained.

(2) Where this section applies, a marine enforcement officer may—

(a) take, or arrange for another person to take, the wellboat and its crew to the port that appears to the officer to be the nearest convenient port, or

(b) require any person who is for the time being in charge of the wellboat to take it and its crew to that port.

(3) When the wellboat has been taken to port, the officer may—

(a) detain it there, or

(b) require the person for the time being in charge of it to do so.

(4) A marine enforcement officer who detains a wellboat under this section must, if it is reasonably practicable to do so, serve a notice on the person who is for the time being in charge of the wellboat.

(5) The notice must state—

(a) the reasons for detaining the wellboat, and

(b) the circumstances in which the wellboat may be released.

Release of wellboat detained under section 8

9

(1) This section applies where a wellboat is being detained under section 8.

(2) The wellboat ceases to be detained under that section if one of the following things occurs—

(a) the notice of detention is withdrawn,

(b) a sheriff orders the release of the wellboat under section 10,

(d) the court referred to in section 8(1)(b)(ii) exercises any power it has to order the wellboat to be detained.

(3) A notice of detention is withdrawn by the service by a marine enforcement officer of a further notice on the person who is for the time being in charge of the wellboat, stating that the wellboat is released.

(4) If any of the grounds of release mentioned in subsection (5) applies, then any notice of detention must be withdrawn as soon as possible.

(5) The grounds of release are—

(a) that a procurator fiscal has decided not to take any proceedings against the master, owner or charterer of the wellboat in respect of any offence in relation to which the wellboat was detained,

(b) where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid,

(c) that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court,

(d) that there are no grounds for believing that the court referred to in section 8(1)(b)(ii) will order the wellboat to be detained.

(6) In this section—

“appropriate fixed penalty” has the meaning given in section 27(2) of the Aquaculture and Fisheries (Scotland) Act 2007 (amount and payment of fixed penalty),

“fixed penalty notice” means a fixed penalty notice under section 25(1) of that Act (issue of fixed penalty notices),

“notice of detention” means a notice served under section 8(4).

Power of sheriff to order release of wellboats

10

(1) This section applies where a wellboat is being detained under section 8.

(2) If, on an application to a sheriff by the master, an owner or a charterer of the wellboat, the sheriff is satisfied as to either of the matters mentioned in subsection (4), the sheriff may order that the wellboat be released.

(3) An application under subsection (2) is to be made by way of summary application.

(4) Those matters are that—

(a) the continued detention of the wellboat under section 8 is not necessary to secure that the master, an owner or a charterer of the wellboat will attend court, or

(b) there are no grounds for believing that the court referred to in subsection (1)(b)(ii) of that section will order the vessel to be detained.

CHAPTER 3 — Commercially damaging species

Orders relating to commercially damaging species

Specification of commercially damaging species

11

(1) The Scottish Ministers may, for the purposes of this Chapter, by order specify as a commercially damaging species—

(a) a species of fish or shellfish,

(b) any other species of animal,

(2) The Scottish Ministers may make an order under subsection (1) in relation to a species only if they consider that the species—

(a) if not controlled, would be likely to have a significant adverse impact on the economic or commercial interests of a person who carries on a business of fish farming or shellfish farming, and

(b) is itself of little or no commercial value.

Movement of species, etc.

12

(1) The Scottish Ministers may by order make provision for or about the prohibition or control of the movement of—

(a) any commercially damaging species that is present, or suspected of being present, in any body of water,

(b) any other species of animal or plant the movement of which may be associated with the movement of such a commercially damaging species,

(c) any equipment or other material used for or in connection with fish farming or shellfish farming, the movement of which may be so associated,

(d) water in which a commercially damaging species, or a species mentioned in paragraph (b), is present or suspected of being present.

(2) An order under subsection (1) may—

(a) designate an area in respect of which any prohibition or control of movement applies,

(b) make provision in relation to the enforcement of the provisions of the order, including provision for the issue of notices imposing requirements and the action that may be taken in cases where such notices are not complied with,

(c) make provision in relation to appeals against such notices or other actions taken in connection with the enforcement of the provisions of the order,

(d) where the movement of—

(i) a species,

(ii) equipment or other material, or

(iii) water in which a species is present or suspected of being present,

is controlled by the order, specify conditions or requirements in respect of such movement (including conditions that must be satisfied before such movement is permitted),

(e) make different provision for—

(i) different types of commercially damaging species,

(ii) different types of animal or plant as mentioned in paragraph (b) of subsection (1),

(iii) different types of equipment or other material as mentioned in paragraph (c) of that subsection.

(3) A person commits an offence if the person—

(a) acts in contravention of an order under subsection (1),

(b) fails to take any action required of the person by such an order, or

(4) It is a defence for a person charged with an offence under subsection (3)(b) or (c) to show that the person had a reasonable excuse for failing to take the action or (as the case may be) to comply with any requirement mentioned in that subsection.

(5) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Orders under section 12(1): samples and surveillance

13

(1) An order under section 12(1) may include provision for or about—

(a) the taking of samples of any fish from a fish farm, or shellfish from a shellfish farm, by a person appointed by the Scottish Ministers (an “appointed person”),

(b) the taking of samples of material from any such fish or shellfish by an appointed person,

(c) the analysis of such fish or shellfish, or such material, by an appointed person for the purposes of ascertaining whether a commercially damaging species is present on the fish farm or shellfish farm,

(d) the powers of an appointed person, including powers to—

(i) enter any land, fish farm or shellfish farm,

(ii) enter any premises (other than a dwelling house) associated with the management or operation of a fish farm or shellfish farm,

(iii) require the operator of a fish farm or shellfish farm to provide the appointed person with samples such as are mentioned in paragraph (a) or (b),

(e) the size of any sample such as is mentioned in either of those paragraphs.

(2) Subsection (3) applies to an order under section 12(1) that controls the movement of fish or shellfish that are produced by fish farming or shellfish farming.

(3) The order may include provision for or about—

(a) requiring a person who carries on a business of fish farming or shellfish farming to carry out a programme of surveillance of—

(i) the fish or shellfish the movement of which is controlled by the order,

(ii) any other animal, or any plant, specified in the order that is present at the place to which the fish or shellfish mentioned in sub-paragraph (i) are to be, or have been, moved,

(iii) such conditions of that place as may be specified in the order,

(b) the carrying out by a person appointed by the Scottish Ministers of such a programme of surveillance,

(i) any land, fish farm or shellfish farm,

(ii) any premises (other than a dwelling house) associated with the operation or management of a fish farm or shellfish farm,

(d) the matters which such a programme of surveillance is to address, including any risks associated with the movement of the fish or shellfish controlled by the order.

(4) An order under section 12(1) which includes provision conferring a power such as is mentioned in subsection (1)(d)(i) or (ii) or subsection (3)(c) must provide—

(a) for the power to be exercised at a reasonable hour, unless the person exercising it considers the case is one of urgency, and

(b) for any person who proposes to exercise the power to produce, if so required, evidence of the person's identity and appointment.

Offences relating to persons appointed under section 13

14

(1) A person commits an offence if the person—

(a) fails to comply with a requirement imposed by a person appointed by virtue of subsection (1)(a) or (3)(b) of section 13, or

(b) wilfully obstructs such a person in the exercise of a power conferred by an order under section 12(1).

(2) It is a defence for a person charged with an offence under subsection (1)(a) to show that the person had a reasonable excuse for the failure.

(3) A person who commits an offence under subsection (1)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person who commits an offence under subsection (1)(b) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, and

(b) on conviction on indictment, to a fine.

Notification of presence of commercially damaging species

15

(1) Any person who carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm must notify the Scottish Ministers as soon as reasonably practicable after the person becomes aware of, or suspects, the presence of a commercially damaging species on the fish farm or shellfish farm.

(2) Subsection (1) applies to any person who is employed, or acts as an agent, in connection with the operation of a fish farm or shellfish farm as it applies to a person mentioned in that subsection; but notification under this subsection need not be given if it has been given under subsection (1).

(3) Notification under subsection (1) or (2) must contain the following—

(a) where the fish farm or shellfish farm is authorised as an aquaculture production business under regulation 6 of the Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), the name and number of the site where the commercially damaging species is present or suspected of being present,

(b) the name and contact details of—

(i) the person providing the notification, and

(ii) the person carrying on the business of fish farming or shellfish farming at the fish farm or shellfish farm,

(c) the grid reference on the ordnance map of the fish farm or shellfish farm, or part of such farm, where the commercially damaging species is present or is suspected of being present,

(d) the type of commercially damaging species (if known),

(e) the date on which the person providing the notification first became aware of, or suspected, the presence of the commercially damaging species,

(f) the age in months of the commercially damaging species (if known), and

(g) the stage of growth of the commercially damaging species (if known).

(4) A person who fails to give a notification in accordance with subsection (1) or (2) commits an offence.

(5) It is a defence for a person charged with an offence under subsection (4) to show that the person had a reasonable excuse for failing to give the notification.

(6) A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Control

Control agreements

16

(1) This section applies where the Scottish Ministers are satisfied that a commercially damaging species is present on a fish farm or shellfish farm.

(2) The Scottish Ministers must form a preliminary view as to whether and, if so, what measures should be taken to—

(a) remove the species from,

(b) reduce the incidence of the species on,

(d) otherwise control the species on,

the fish farm or shellfish farm.

(3) Where the Scottish Ministers form a preliminary view under subsection (2) that measures should be taken, they must—

(a) serve notice on the person who carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm of the preliminary view, and

(b) consult the person in order to secure agreement—

(i) that measures require to be taken,

(ii) as to what measures require to be taken, and within what time limit,

(iii) as to who is to take such measures, and

(iv) as to such other matters as appear to the Scottish Ministers to be necessary for the purposes of such an agreement.

(4) Where agreement is reached on the matters mentioned in subsection (3)(b), the Scottish Ministers must prepare an agreement (a “control agreement”) specifying—

(a) the parties to it,

(b) the measures which are to be taken in relation to the commercially damaging species,

(i) by the person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm, and

(ii) by the Scottish Ministers, and

(d) the time limits within which any measures specified under paragraph (c) are to be taken.

(5) A control agreement may specify different measures to be taken in respect of different fish farms or shellfish farms.

(6) The Scottish Ministers must send a copy of the control agreement to the person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm.

(7) The person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm must take such measures as the agreement may require of that person in accordance with its provisions.

(8) The Scottish Ministers must, at least once in every 18 month period, review a control agreement for the purpose of assessing compliance with its provisions.

Control schemes

17

(1) Subsection (2) applies where the Scottish Ministers have served a notice under section 16(3)(a) in relation to a commercially damaging species that is present on a fish farm or shellfish farm, and—

(a) either—

(i) the Scottish Ministers are satisfied that it is not possible to secure a control agreement or that a control agreement is not being carried out, or

(ii) 6 weeks have elapsed since the Scottish Ministers served the notice and no agreement has been reached on the matters mentioned in section 16(3)(b), and

(b) the Scottish Ministers continue to have the view that measures should be taken to—

(i) remove the species from,

(ii) reduce the incidence of the species on,

(iii) prevent the spread of the species beyond, or

(iv) otherwise control the species on,

the fish farm or shellfish farm.

(2) The Scottish Ministers must make a scheme (a “control scheme”) for the purpose of ensuring that any measures mentioned in subsection (1)(b) which they consider should be taken are taken.

(3) The Scottish Ministers must notify the person who carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm to which the control scheme relates at least 14 days before the scheme comes into effect that the scheme has been made.

(4) A control scheme must—

(a) specify the date on which it is to come into effect (which date must be not less than 14 days after the day on which it was made),

(b) identify the fish farm or shellfish farm to which it relates,

(d) specify which of those measures are to be taken—

(i) by the person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm, and

(ii) by the Scottish Ministers, and

(e) prescribe time limits within which any measures specified under paragraph (d) are to be taken.

(5) A control scheme may—

(a) specify different measures to be taken—

(i) by different persons such as are mentioned in subsection (4)(d),

(ii) in respect of different fish farms or shellfish farms,

(b) provide for the extension of any time limit prescribed in the scheme,

(6) Schedule 1, which makes provision about the making, variation and revocation of control schemes, and appeals against such matters, has effect.

(7) The person who for the time being carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm to which a control scheme relates must take such measures as the scheme may require of that person in accordance with its provisions.

(8) The Scottish Ministers must, at least once in every 12 month period, review a control scheme for the purpose of assessing compliance with its provisions.

(9) Where the Scottish Ministers are of the opinion that a person has failed to comply with subsection (7), they may carry out the requirement if they are satisfied that it is still necessary to do so.

Emergency action notices

18

(1) This section applies where the Scottish Ministers are satisfied—

(a) that a commercially damaging species is present on a fish farm or shellfish farm, and

(b) that unless urgent action is taken, the commercially damaging species will spread quickly to other areas and have an immediate and significant adverse impact on—

(i) other fish or shellfish or the ability of persons to commercially exploit them, or

(ii) the economic or commercial interests of a person who carries on a business of fish farming or shellfish farming.

(2) No notice under subsection (3) of section 16 need be served on a person mentioned in paragraph (a) of that subsection, and no consultation to secure an agreement with such a person need be carried out under paragraph (b) of that subsection.

(3) But the Scottish Ministers must serve on such a person notice (an “emergency action notice”) of their intention to take urgent action in respect of the commercially damaging species.

(4) An emergency action notice must state—

(a) the type of commercially damaging species that is present on the fish farm or shellfish farm,

(b) the nature of the threat that it poses and the impact mentioned in subsection (1)(b) that it will have,

(i) removing the species from,

(ii) reducing the incidence of the species on,

(iii) preventing the spread of the species beyond, or

(iv) otherwise controlling the species on,

the fish farm or shellfish farm, and

(d) the places where, the times at which and the methods by which the Scottish Ministers intend to carry out such measures.

(5) No earlier than 14 days after the day on which an emergency action notice has been served, the Scottish Ministers may take—

(a) such measures as are specified in the notice,

(b) such steps towards taking such measures as the Scottish Ministers think fit.

Appeals in connection with emergency action notices

19

(1) Any person who carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm to which an emergency action notice under section 18 relates may appeal by way of summary application to a sheriff against—

(a) the decision of the Scottish Ministers to serve the notice,

(b) the terms of such a notice.

(2) An appeal under subsection (1) must be made within the period of 14 days beginning with the day on which the emergency action notice is served.

(3) In an appeal under subsection (1)—

(a) the sheriff may make such order as the sheriff thinks appropriate, and

(b) the sheriff's decision is final.

Powers

Power to enter fish farms, shellfish farms, etc.

20

(1) A person authorised by the Scottish Ministers for a purpose mentioned in subsection (2) has the power to enter—

(a) any land, fish farm or shellfish farm,

(b) any premises (other than a dwelling house) associated with the management or operation of a fish farm or shellfish farm.

(2) The purposes for which the Scottish Ministers may authorise a person are—

(a) the obtaining of information by them in connection with satisfying themselves as to matters mentioned in subsection (1) of section 18,

(b) the determination of whether any of their functions under any of sections 16 to 18 should be carried out,

(d) the determination of how far and in what manner any requirement placed on any person under or by virtue of this Chapter has been complied with.

(3) A power of entry under this section must be exercised at a reasonable hour unless the person exercising it—

(a) is doing so for a purpose mentioned in subsection (2)(a),

(b) is doing so for the purpose of determining whether the Scottish Ministers' functions under section 18 should be carried out, or

(4) Any person who proposes to exercise any power of entry conferred by this section must, if so required, produce evidence of the person's identity and authorisation.

Offences

Offences in relation to control agreements, control schemes, etc.

21

(1) A person commits an offence if the person refuses or fails to comply with any requirement imposed on the person by a control agreement under section 16 or a control scheme under section 17.

(2) A person commits an offence if the person wilfully obstructs any person authorised under subsection (1) of section 20 carrying out any function under that section.

(3) It is a defence for a person charged with an offence under subsection (1) of failing to comply with a requirement mentioned in that subsection to show that the person had a reasonable excuse for failing to so comply.

(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person who commits an offence under subsection (2) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

Interpretation of Chapter 3

22

In this Chapter, “commercially damaging species” means a species specified in an order under section 11(1).

CHAPTER 4 — Planning permission

Planning permission for marine fish farms

23

(1) Section 31A of the Town and Country Planning (Scotland) Act 1997 (planning permission in respect of operation of marine fish farm) is amended in accordance with this section.

(2) After subsection (2) insert—

(2A) Subject to subsection (4), any planning permission may be granted by the Scottish Ministers— (a) by order, or (b) on application to them in accordance with regulations under subsection (8).

(3) After subsection (4) insert—

(4A) Subsection (4B) applies where— (a) an order granting planning permission (whether by virtue of subsection (2A)(a) or subsection (3)) is revoked, and (b) the date of the revocation is, in relation to any marine fish farm to which the order applied, earlier than the appropriate date (within the meaning of section 26AA(2)) in respect of that fish farm. (4B) For the purposes of the operation of section 26AA(1)(a)(ii) in relation to any such marine fish farm after revocation of the order, the fact that planning permission had been granted by the order is to be ignored.

(4) In subsection (8)—

(a) paragraph (a) is repealed, and

(b) in paragraph (b), for the words “such an application” substitute “ an application for planning permission ”.

PART 2 — Salmon fisheries, etc.

Governance

District salmon fishery boards: openness and accountability

24

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) In section 44 (financial powers and duties of district salmon fishery boards), after subsection (1) insert—

(1A) As soon as practicable after the annual meeting held under subsection (1) above, the clerk of the board must— (a) arrange for the final report and audited accounts to be published; and (b) send a copy of the final report and audited accounts to the Scottish Ministers. (1B) In subsection (1A) above, the references to the final report and audited accounts are references to— (a) the report and audited accounts as submitted for consideration at the annual meeting held under subsection (1) above; or (b) if they are revised following consideration at the meeting, the revised versions of them.

(3) After section 46 insert—

(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.

(4) In section 68 (orders and regulations), in subsection (4), after “Act” insert “ , and no order is to be made under section 46F(1) of this Act, ”.

Duty to consult and report before making certain applications

25

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) In each of the following provisions, for “10” substitute “ 9B ”

(a) subsection (7) of section 33 (salmon fishing: regulations as to baits and lures),

(b) subsection (3) of section 35 (designation orders),

(d) subsection (4) of section 37 (annual close times for salmon).

(3) In schedule 1 (procedure for making certain orders and regulations under the Act), before paragraph 10 insert—

(9B) (1) This paragraph applies where a person (the “applicant”) proposes to make an application to the Scottish Ministers under paragraph 1, 3, 5 or 7 above. (2) The applicant must— (a) give notice in accordance with sub-paragraph (3) below that an application is proposed, (b) specify in the notice the period within which, and the manner in which, representations or objections with respect to the proposed application may be made, (c) specify in the notice details of— (i) where and how such representations or objections (if any are made) may be viewed, and (ii) how copies of any such representations or objections that are made may be obtained, (d) consult persons who, so far as the applicant can reasonably ascertain, have an interest in, or may be affected by, the proposed application, and (e) specify the period (being not less than 28 days beginning with the date of consultation) within which, and the manner in which, representations or objections with respect to the proposed application may be made by such persons. (3) A notice of the proposed application must be published at least once in each of two successive weeks in a newspaper (which may be a local newspaper) circulating in the district or districts affected by the proposed application. (4) The period mentioned in sub-paragraph (2)(b) above is a period of not less than 28 days beginning with— (a) if notice of the proposed application is published only once in the first of the two successive weeks as mentioned in sub-paragraph (3) above, the date on which it is published in that week, (b) if such notice is published more than once in the first of those two successive weeks, the date on which it is first published in that week. (5) In deciding whether or not to make the proposed application, the applicant must take into account any representations and objections made in respect of it. (6) Having decided whether or not to make the proposed application, the applicant must— (a) publish in a newspaper (which may be a local newspaper) circulating in the district or districts affected by the proposed application a notice containing— (i) a summary of the reasons for the decision, (ii) details of where and how a written statement of such reasons may be viewed, and (iii) details of how copies of such a written statement may be obtained, and (b) send a copy of such a written statement to any person who made representations or objections to the proposed application under this paragraph. (7) The costs of complying with sub-paragraphs (2) and (6) above are to be met by the applicant. (9C) (1) This paragraph applies where an applicant, having complied with the requirements of paragraph 9B above, decides to make an application mentioned in sub-paragraph (1) of that paragraph. (2) When making the application, the applicant must include a report— (a) stating that the requirements of paragraph 9B above have been complied with, (b) explaining how those requirements were complied with, (c) providing details of the persons consulted, (d) explaining the substance of any representations and objections made in relation to the application, and the extent to which they were taken into account in deciding to proceed with the application, and (e) giving the reasons for proceeding with the application.

Management

Carcass tagging

26

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) After section 21 insert—

(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.

(3) In section 30 (exemptions in relation to fish farming)—

(a) in subsection (1), after “under” insert “ section 21A or ”,

(b) in subsection (5), after “18(1)(b)” insert “ , 21A(4)(a) or (b) ”.

(4) In section 68 (orders and regulations), in subsection (4), after “under” insert “ subsection (1) of section 21A of this Act that make modifications such as are mentioned in subsection (3)(c) of that section, or under ”.

Powers to take fish or samples for analysis, etc.

27

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) After section 64 insert—

(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.

Power of Scottish Ministers to conduct inquiries and obtain information

28

(1) Section 64 of the Salmon and Freshwater (Consolidation) (Scotland) Act 2003 (power of the Scottish Ministers to conduct inquiries and to obtain information) is amended in accordance with this section.

(2) In subsection (1)—

(a) before paragraph (a) insert—

(za) require a person having rights in a salmon fishery or freshwater fishery to provide the Scottish Ministers with such information relating to the fishery as they may reasonably request;

(b) in paragraph (a), the words from “, provided” to the end of the paragraph are repealed.

(3) In subsection (2), for the words “Any proprietor or occupier of a fishery” substitute “ Any person having rights in a salmon fishery or freshwater fishery ”.

(4) After subsection (2) insert—

(3) In this section, a “person having rights in a salmon fishery or freshwater fishery” means— (a) a proprietor of a salmon fishery; (b) an occupier of such a fishery; (c) an owner of land to which a right of fishing for freshwater fish pertains; or (d) an occupier of such a right.

Monitoring and evaluation of the effects of orders, etc.

29

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) In section 33 (salmon fishing: regulations as to baits and lures), after subsection (6) insert—

(6A) Regulations under subsection (1) above may impose requirements on district salmon fishery boards in relation to monitoring and evaluation of the effect of the regulations on salmon stocks. (6B) A district salmon fishery board commits an offence if the board— (a) acts in contravention of any such requirements; or (b) fails to take any action required of the board by any such requirements. (6C) A board which commits an offence under subsection (6B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In section 37 (annual close times for salmon)—

(a) in subsection (2), after “below” insert “ and to section 38(5)(c) of this Act ”,

(b) in subsection (3), at the beginning insert “ Without prejudice to section 38(5)(c) of this Act, ”,

(3A) An annual close time order may impose requirements on district salmon fishery boards or proprietors of salmon fisheries in relation to monitoring and evaluation of the effect of the order on salmon stocks. (3B) A district salmon fishery board or proprietor commits an offence if the board or proprietor— (a) acts in contravention of any such requirements; or (b) fails to take any action required of the board or proprietor by any such requirements. (3C) A board which or proprietor who commits an offence under subsection (3B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In section 38 (salmon conservation regulations)—

(a) in subsection (4), after “subsection (5)(b)” insert “ and (c) ”,

(b) in subsection (5), after paragraph (b) insert—

(c) subject to section 37(1) of this Act, prescribe for any salmon fishery district the dates of the annual close time for salmon and the periods within that time when it is permitted to fish for and take salmon by rod and line.

(ba) impose on district salmon fishery boards or proprietors of salmon fisheries such requirements as the Scottish Ministers consider necessary or expedient in relation to monitoring and evaluation of the effect of the regulations on salmon stocks;

Power to vary procedures for orders, etc. relating to certain fisheries

30

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) In section 33 (salmon fishing: regulations as to baits and lures), after subsection (7) insert—

(8) The Scottish Ministers may by order vary the provisions of— (a) subsections (2) to (5) above; (b) paragraphs 9B to 15 of schedule 1 to this Act as they apply to the making of regulations under subsection (1) above.

(3) In section 35 (designation orders), subsection (4) is repealed.

(4) In section 39 (procedure for making orders and regulations under section 33 and Part 2)—

(a) the existing text becomes subsection (1) of section 39,

(b) after that subsection insert—

(2) The Scottish Ministers may by order vary the provisions of schedule 1 to this Act. (3) An order under subsection (2) above may make different provision for different purposes. (4) Subsection (2) above is without prejudice to section 33(8)(b) of this Act.

Offence of fishing for salmon during annual close time

31

In section 14 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (fishing for salmon during annual close time), in subsection (2), for the words from “by”, where it second occurs, to the end of the subsection substitute

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.

Consents for introduction of fish into inland waters

32

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) In section 33A (unauthorised introduction of fish into inland waters)—

(a) in subsection (3), for “this section” substitute “ subsection (1) or (2) above ”,

(b) after subsection (3) insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.