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The Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014

Type Scottish-Statutory-Instrument
Publication 2014-11-20
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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Made: 20th November 2014

Laid before the Scottish Parliament: 24th November 2014

Coming into force: 9th January 2015

In accordance with paragraphs 10, 11, 12 and 14(1) of schedule 1 to that Act they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of these Regulations and considered representations and objections made.

Citation and commencement

1

These Regulations may be cited as the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014 and come into force on 9th January 2015.

Annual close time, permitted periods of fishing for rod and line fishing and prohibition on the retention of salmon

2

and a reference to a numbered column is to the corresponding numbered column in the table in the Schedule.

SCHEDULE

Column 1 Salmon fishery district Column 1 Salmon fishery district Column 1 Salmon fishery district Column 2 Annual close time (all dates inclusive) Column 3 Period within which it is permitted to fish by rod and line within the annual close time (all dates inclusive) Column 4 Period within which it is permitted to fish by rod and line where retaining salmon is prohibited (catch and release) (all dates inclusive) Column 5 Designation
1. Annan 1. Annan 1. Annan 10th September to 31st March 10th September to 15th November Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts[^f00002] and enacted as Schedule A to the 1868 Act.
2. Argyll 2. Argyll 2. Argyll 27th August to 31st March 27th August to 31st October 11th February to 31st March The Argyll Salmon Fishery District Designation Order 2005[^f00003], article 2(1) and Schedule.
3. Arnisdale 3. Arnisdale 3. Arnisdale 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
4. Ayr 4. Ayr 4. Ayr 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
5. Beauly 5. Beauly 5. Beauly 27th August to 31st March 27th August to 15th October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
6. Bladenoch 6. Bladenoch 6. Bladenoch 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
7. Brora 7. Brora 7. Brora 27th August to 31st March 27th August to 15th October 1st February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
8. Caithness 8. Caithness 8. Caithness The Caithness Salmon Fishery District Designation Order 1990[^f00004] (“the 1990 Order”) article 2(1), Schedule 1.
(a) Forss Forss 27th August to 31st March 27th August to 31st October 11th February to 31st March That area, Forss, described in Column 1 of Schedule 2 to the 1990 Order.
(b) Thurso and Stroma Thurso and Stroma 27th August to 31st March 27th August to 5th October and 11th January to 31st March That area, Thurso and Stroma, described in Column 1 of Schedule 2 to the 1990 Order.
(b) Thurso and Stroma Thurso and Stroma 27th August to 31st March 11th January to 31st March That area, Thurso and Stroma, described in Column 1 of Schedule 2 to the 1990 Order.
(c) Wick Wick 27th August to 31st March 27th August to 31st October 11th February to 31st March That area, Wick, described in Column 1 of Schedule 2 to the 1990 Order.
(d) Dunbeath Dunbeath 27th August to 31st March 27th August to 15th October 11th February to 31st March That area, Dunbeath, described in Column 1 of Schedule 2 to the 1990 Order.
(e) Berriedale Berriedale 27th August to 31st March 27th August to 31st October 11th February to 31st March That area, Berriedale, described in Column 1 of Schedule 2 to the 1990 Order.
9. Carron 9. Carron 9. Carron 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
10. Clyde and Leven 10. Clyde and Leven 10. Clyde and Leven 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
11. Conon 11. Conon 11. Conon The Conon Salmon Fishery District Designation Order 1999[^f00005], article 2(1), Schedule 1 (“the 1999 Order”).
(a) Alness and Alt Graad Alness and Alt Graad 27th August to 31st March 27th August to 31st October 11th February to 31st March That area described in article 4(2)(a) of the 1999 Order.
(b) Conon and Balnagown Conon and Balnagown 27th August to 31st March 27th August to 30th September 11th February to 31st March That area described in the Schedule to the 1999 Order but excepting the area of Alness and Alt Graad described in article 4(2)(a) of the 1999 Order.
12. Cree 12. Cree 12. Cree 14th September to 31st March 14th September to 14th October 1st March to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
13. Crowe and Shiel (Loch Duich) 13. Crowe and Shiel (Loch Duich) 13. Crowe and Shiel (Loch Duich) 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
14. River Dee (Aberdeenshire) 14. River Dee (Aberdeenshire) 14. River Dee (Aberdeenshire) Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a) (a) River Dee 27th August to 31st March 27th August to 15th October 1st February to 31st March That part of the River Dee (Aberdeenshire) Salmon Fishery District comprising the River Dee and its tributaries.
(b) (b) River Carron and River Cowie 27th August to 31st March 27th August to 31st October 11th February to 31st March The parts of the district, being the River Carron and the River Cowie as described in article 2 and the Schedule to the Annual Close Time (River Dee (Aberdeenshire) Salmon Fishery District) Order 1989[^f00006].
15. River Dee (Kirkcudbright) 15. River Dee (Kirkcudbright) 15. River Dee (Kirkcudbright) 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
16. Deveron 16. Deveron 16. Deveron 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
17. Don 17. Don 17. Don 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
18. Doon 18. Doon 18. Doon 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
19. Eachaig (Eckaig) 19. Eachaig (Eckaig) 19. Eachaig (Eckaig) 1st September to 30th April 1st September to 31st October Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
20. Esk 20. Esk 20. Esk The Esk Salmon Fishery District Designation Order 1988[^f00007], article 2(1) and Schedule (“the 1988 Order”).
(a) Bervie Bervie 10th September to 30th April 10th September to 31st October 25th February to 30th April That area formerly the salmon fishery district of the River Bervie as described in article 4(1) of the 1988 Order.
(b) North and South Esk North and South Esk 1st September to 30th April 1st September to 31st October 16th February to 30th April That area formerly the salmon fishery districts of the River North Esk and the River South Esk as described in article 4(2) of the 1988 Order.
21. Findhorn 21. Findhorn 21. Findhorn 27th August to 31st March 27th August to 30th September 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
22. Fleet (Sutherlandshire) 22. Fleet (Sutherlandshire) 22. Fleet (Sutherlandshire) 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
23. Fleet (Kirkcudbright) 23. Fleet (Kirkcudbright) 23. Fleet (Kirkcudbright) 10th September to 31st March 10th September 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
24. Forth 24. Forth 24. Forth 27th August to 31st March 27th August to 31st October; 1st February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
25. Girvan 25. Girvan 25. Girvan 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
26. Glenelg 26. Glenelg 26. Glenelg 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
27. Helmsdale 27. Helmsdale 27. Helmsdale 27th August to 31st March 27th August to 30th September 11th January to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
28. Inner (Jura) 28. Inner (Jura) 28. Inner (Jura) 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
29. Irvine and Garnock 29. Irvine and Garnock 29. Irvine and Garnock Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a) River Irvine River Irvine 10th September to 31st March 10th September to 15th November 25th February to 31st March The Annual Close Time (Rivers Irvine and Garnock Salmon Fishery District) Order 1990[^f00008], article 2, Schedule.
(b) River Garnock River Garnock 10th September to 31st March 10th September to 31st October 25th February to 31st March That remaining part of the Rivers Irvine and Garnock Salmon Fishery District.
30 Kishorn 30 Kishorn 30 Kishorn 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
31. Kyle of Sutherland 31. Kyle of Sutherland 31. Kyle of Sutherland 27th August to 31st March 27th August to 30th September 11th January to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
32. Laggan and Sorn (Islay) 32. Laggan and Sorn (Islay) 32. Laggan and Sorn (Islay) 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
33. Loch Long (Luingi and Elchaig) 33. Loch Long (Luingi and Elchaig) 33. Loch Long (Luingi and Elchaig) 27th August to 31st March 27th August to 31st October 11th February to 31st March Byelaw dated 10th February 1863 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
34. Lochaber 34. Lochaber 34. Lochaber 27th August to 31st March 27th August to 31st October 11th February to 31st March The Lochaber Salmon Fishery District Designation Order 1999[^f00009], article 2(1) and Schedule 1.
35. Lossie 35. Lossie 35. Lossie 27th August to 31st March 27th August to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
36. Luce 36. Luce 36. Luce 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
37. Mull 37. Mull 37. Mull 27th August to 31st March 27th August to 31st October 11th February to 31st March The Mull Salmon Fishery District Designation (Scotland) Order 2002[^f00010], article 2(1) and Schedule 1.
38. Nairn 38. Nairn 38. Nairn 27th August to 31st March 27th August to 7th October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
39. Ness 39. Ness 39. Ness 27th August to 31st March 27th August to 15th October; 15th January to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
40. Nith 40. Nith 40. Nith 10th September to 31st March 10th September to 30th November 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act
41. North and West 41. North and West 41. North and West The North and West Salmon Fishery District Designation Order 1999[^f00011], article 2(1), Schedule 1 (“the 1999 Order”).
(a) Hope and Polla Hope and Polla 27th August to 31st March 27th August to 30th September 12th January to 31st March That area formerly the salmon fishery district of Hope and Polla and described in article 4(2), Schedule 3 of the 1999 Order.
(b) Grudie or Dionard Grudie or Dionard 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the salmon fishery district of Grudie or Dionard as described in article 4(2), Schedule 3 of the 1999 Order.
(c) Inchard Inchard 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the salmon fishery district of Inchard as described in article 4(2), Schedule 3 of the 1999 Order.
(d) Laxford Laxford 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the salmon fishery district of Laxford as describe in article 4(2), Schedule 3 of the 1999 Order.
(e) Inver Inver 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the salmon fishery district of Inver as described in article 4(2), Schedule 3 of the 1999 Order.
(f) Kirkaig Kirkaig 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the salmon fishery district of Kirkaig, as described in article 4(2), Schedule 3 of the 1999 Order.
42. Northern 42. Northern 42. Northern The Northern Salmon Fishery District Designation Order 2006[^f00012], article 2(1) and Schedule (“the 2006 Order”).
(a) Halladale Halladale 27th August to 31st March 27th August to 30th September 12th January to 31st March That area formerly the salmon fishery district of Halladale described in article 2(1) and the Schedule to the 2006 Order.
(b) Kinloch (Kyle of Tongue Kinloch (Kyle of Tongue 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the salmon fishery district of Kinloch (Kyle of Tongue) described in article 2(1) and the Schedule to the 2006 Order.
(c) Naver and Borgie Naver and Borgie 27th August to 31st March 27th August to 30th September 12th January to 31st March That area formerly the salmon fishery district of Naver and Borgie described in article 2(1) and the Schedule to the 2006 Order.
(d) Strathy Strathy 27th August to 31st March 27th August to 30th September 12th January to 31st March That area formerly the salmon fishery district of Strathy described in article 2(1) and the Schedule to the 2006 Order.
43. Orkney Islands 43. Orkney Islands 43. Orkney Islands 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 16th December 1881 made by the Commissioners appointed under the 1862 to 1868 Acts.
44. Shetland Islands 44. Shetland Islands 44. Shetland Islands 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 16th March 1883 made by the Commissioners appointed under the 1862 to 1868 Acts.
45. Skye 45. Skye 45. Skye 27th August to 31st March 27th August to 15th October 11th Feburary to 31st March The Skye Salmon Fishery District Designation Order 1991[^f00013], article 2(1) and Schedule.
46. Spey 46. Spey 46. Spey 27th August to 31st March 27th August to 30th September 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
47. Stinchar 47. Stinchar 47. Stinchar 10th September to 31st March 10th September to 31st October 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
48. Tay 48. Tay 48. Tay Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a) Tay Tay 21st August to 31st March 21st August to 15th October 15th January to 31st March That part of the River Tay Salmon Fishery District comprising the River Tay and its tributaries and all other areas in the District excluding the River Earn and its tributaries and that part of the District described in article 2 of and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990[^f00014].
(b) River Earn River Earn 21st August to 31st March 21st August to 31st October 1st February to 31st March That part of the River Tay Salmon Fishery District comprising the River Earn and its tributaries.
(c) River Eden River Eden 21st August to 31st March 21st August to 31st October 5th February to 31st March That area described in article 2 of, and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990.
49. Ugie 49. Ugie 49. Ugie 10th September to 31st March 10th September to 31st October 10th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
50. Urr 50. Urr 50. Urr 10th September to 31st March 10th September to [31st October] [29th November] 25th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
51. Wester Ross 51. Wester Ross 51. Wester Ross 27th August to 31st March 27th August to 31st October 11th February to 31st March The Wester Ross Salmon Fishery District Designation Order 2003[^f00015], article 2(1), Schedule 1.
52. Western Isles 52. Western Isles 52. Western Isles The Western Isles Salmon Fishery District Designation Order 2001[^f00016] (“the 2001 Order”), article 2(1), Schedule 1.
(a) Loch Roag Loch Roag 27th August to 31st March 27th August to 16th October 11th February to 31st March That area formerly the district of Loch Roag described in article 4, Schedule 3 to the 2001 Order.
(b) East Lewis East Lewis 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the district of East Lewis described in article 4, Schedule 3 to the 2001 Order.
(c) Clayburn Clayburn 10th September to 31st March 10th September to 31st October 25th February to 31st March That area formerly the district of Clayburn described in article 4, Schedule 3 to the 2001 Order.
(d) Fincastle Fincastle 10th September to 31st March 10th September to 31st October 25th February to 31st March That area formerly the district of Fincastle, described in article 4, Schedule 3 to the 2001 Order.
(e) Resort Resort 27th August to 31st March 27th August to 31st October 11th February to 31st March That area formerly the district of Resort described in article 4, Schedule 3 to the 2001 Order.
(f) Mullanageren Mullanageren 10th September to 31st March 10th September to 31st October 25th February to 31st March That area formerly the district of Mullangareen article 4, Schedule 3 to the 2001 Order.
(g) Howmore Howmore 10th September to 31st March 10th September to 31st October 25th February to 31st March That area formerly the district of Howmore described in article 4, Schedule 3 to the 2001 Order.
53. Ythan 53. Ythan 53. Ythan 10th September to 31st March 10th September to 31st October 11th February to 31st March Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

Signed

PAUL WHEELHOUSE — Authorised to sign by the Scottish Ministers — 20th November 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations prescribe the annual close time for each salmon fishery district in Scotland (with the exception of the Tweed District) and the period within that annual close time when it is permitted to fish for and take, and fish for, salmon by rod and line. The Regulations also prohibit the retention of any salmon which are caught during the periods specified in column 4 of the Schedule (“catch and release periods”). This prohibition does not apply to the Eachaig Salmon Fishery District and the Annan Salmon Fishery District. The Conservation of Salmon (River Annan Salmon Fishery District) (Scotland) Regulations 2012, S.S.I. 2012/6 apply a catch and release regime for the River Annan Salmon Fishery District.

In terms of section 38(7) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (“the 2003 Act”) it is an offence to act in contravention of the prohibition in regulation 2(3) (prohibition against retaining salmon during specified periods). Anyone guilty of the offence is liable on summary conviction to a fine of up to level 4 on the standard scale.

Section 37 of the 2003 Act prohibits all modes of fishing for and taking salmon in a salmon fishery district during the annual close time. It is an offence under section 14 of the 2003 Act to fish for, or take, salmon during the annual close time. An exception to this is where provision has been made for periods within the annual close time during which fishing for and taking salmon by rod and line is permitted.

A Business Regulatory Impact Assessment in relation to these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies of it can be obtained from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

Footnotes

[^f00001]: 2003 asp 15. Paragraph (c) of section 38(5) was inserted by the Aquaculture and Fisheries (Scotland) Act 2003 (asp 7), section 29(4).

[^f00002]: Section 69(1) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (asp 15) defines “the 1862 to 1868 Acts”, the “1862 Act”, “the 1864 Act” and the “1868 Act”.

[^f00003]: S.S.I. 2005/487.

[^f00004]: S.I. 1990/324.

[^f00005]: S.I. 1999/1381.

[^f00006]: S.I. 1989/1499.

[^f00007]: S.I. 1988/994.

[^f00008]: S.I. 1990/1854.

[^f00009]: S.I. 1999/1382.

[^f00010]: S.S.I. 2002/138.

[^f00011]: S.I. 1999/1380.

[^f00012]: S.S.I. 2006/447.

[^f00013]: S.I. 1991/2271.

[^f00014]: S.I. 1990/2020.

[^f00015]: S.S.I. 2003/615.

[^f00016]: S.S.I. 2001/151.

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