The Conservation of Salmon (Scotland) Amendment Regulations 2016

Made: 23rd November 2016

Laid before the Scottish Parliament: 24th November 2016

Coming into force: 1st April 2017

In accordance with paragraphs 10, 11 and 14(1) of schedule 1 of 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 (Scotland) Amendment Regulations 2016 and come into force on 1st April 2017.

Amendment of the Conservation of Salmon (Scotland) Regulations 2016

2

• (1) The Conservation of Salmon (Scotland) Regulations 2016[^f00002] are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 3 (prohibition on retaining salmon)—

• (a) in paragraph (2), for “No” substitute “Subject to paragraphs (2A) and (3), no”; and

• (b) after paragraph (2) insert—

(2A) Paragraph (2) does not apply to any person who retains any salmon caught on or after 1st July 2017 in the River Ness and all inland waters which drain, or drain to some extent, to the outflow point (grid reference NH 6599 4700) but excluding the River Moriston and all areas of inland waters which drain, or drain to some extent, to the outflow point (grid reference NH 4298 1622) on the north shore of Loch Ness at Invermoriston.

• (3) For schedule 1 (conservation status areas), substitute the schedule set out in schedule 1 of these Regulations.

• (4) For schedule 2 (inland waters: prohibition on retaining salmon), substitute the schedule set out in schedule 2 of these Regulations.

SCHEDULE 1 — SUBSTITUTION OF SCHEDULE 1 OF THE CONSERVATION OF SALMON (SCOTLAND) REGULATIONS 2016

SCHEDULE 2 — SUBSTITUTION OF SCHEDULE 2 OF THE CONSERVATION OF SALMON (SCOTLAND) REGULATIONS 2016

Signed

R CUNNINGHAM — A member of the Scottish Government — 23rd November 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Conservation of Salmon (Scotland) Regulations 2016 (“the principal Regulations”) which make provision to regulate the killing of salmon in specified areas.

Regulation 2(2) amends regulation 3 of the principal Regulations. Regulation 2(2)(a) provides that the prohibition on retaining salmon caught in any inland waters is subject to paragraphs (2A) and (3). Regulation 2(2)(b) inserts a new paragraph (2A) into the principal Regulations which provides that the prohibition on retaining salmon caught in inland waters does not apply to any salmon caught on or after 1st July 2017 in the River Ness and all inland waters which drain, or drain to some extent, to the outflow point, but excluding the River Moriston and all areas of inland waters which drain, or drain to some extent, to the outflow point on the north shore of Loch Ness at Invermoriston.

Regulation 2(3) and (4) substitutes schedules 1 and 2 of the principal Regulations. Schedule 1 describes the areas in which Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon. Schedule 2 describes the areas of inland waters where there is a prohibition on the retention of any salmon caught.

A Business and Regulatory Impact Assessment in relation to this Order 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. Section 38 was amended by section 29 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7).

[^f00002]: S.S.I. 2016/115.