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

2003 asp 15

CONTENTS

  1. Part 1

    Methods of fishing and offences related to fishing

    1. Methods of fishing

      1. 1. Methods of fishing: salmon

      2. 2. Methods of fishing: freshwater fish

      3. 3. Use of gaff, tailer or landing net

      4. 4. Meaning of “rod and line”

    2. Offences related to fishing for salmon and freshwater fish

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

      2. 6. Fishing for salmon without right or permission

      3. 7. Illegal fishing by two or more persons acting together

      4. 8. Taking of dead salmon or trout

      5. 9. Illegal possession of salmon or trout

      6. 10. Offences in relation to passage of salmon

      7. 11. Fishing in waters where fishing rights owned by one person

      8. 12. Contravention of protection order

    3. Close times for salmon

      1. 13. Weekly close time for salmon

      2. 14. Fishing for salmon during annual close time

      3. 15. Removal of boats and nets during annual close time

      4. 16. Buying and selling salmon in close time

    4. Close time for trout

      1. 17. Annual close time for trout

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

      1. 18. Unclean salmon

      2. 19. Salmon roe

      3. 20. Possessing salmon which have been illegally taken, killed or landed

      4. 21. Packages of salmon or trout to be marked

      5. 22. Size limit for selling trout

    6. Protection of young salmon

      1. 23. Young salmon and spawning beds

      2. 24. Unauthorised introduction of salmon or salmon eggs into certain waters

    7. Offences in relation to the Solway

      1. 25. Fixed engines in the Solway

      2. 26. Fishing without legal right in the Solway

    8. Exemptions

      1. 27. Exemption from certain offences in respect of acts done for scientific and other purposes: salmon

      2. 28. Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon

      3. 29. Exemption from certain offences in respect of certain acts in relation to salmon

      4. 30. Exemptions in relation to fish farming

    9. Regulation of salmon fisheries

      1. 31. Salmon fishing: general regulations

      2. 32. Exception from regulations with respect to the construction of dams, lades and water wheels

      3. 33. Salmon fishing: regulations as to baits and lures

  2. Part 2

    Administration of salmon fisheries

    1. Salmon fishery districts

      1. 34. Salmon fishery districts

      2. 35. Designation orders

      3. 36. Estuary limits

    2. Conservation measures

      1. 37. Annual close times for salmon

      2. 38. Salmon conservation regulations

    3. Procedures

      1. 39. Procedure for making orders and regulations under section 33 and this Part

  3. Part 3

    District salmon fishery boards

    1. Proprietors of salmon fisheries

      1. 40. Qualified proprietors and upper and lower proprietors

      2. 41. Sole proprietor in a salmon fishery district

    2. Mandatories

      1. 42. Mandatories

    3. District salmon fishery boards

      1. 43. District salmon fishery boards

      2. 44. Financial powers and duties of district salmon fishery boards

      3. 45. General powers and duties of district salmon fishery boards

      4. 46. Proceedings of district salmon fishery boards

      5. 47. Tenure of office

  4. Part 4

    Administration of freshwater fisheries

    1. 48. Increased availability of, and protection for, freshwater fishing

    2. 49. Appointment of wardens to secure compliance with protection order

    3. 50. Powers of entry and obstruction of wardens etc.

    4. 51. Financial contributions towards organisations developing freshwater fisheries

  5. Part 5

    Enforcement

    1. Powers of constables and water bailiffs

      1. 52. Grant of warrant to search premises or vehicles

      2. 53. Powers of constables

      3. 54. Powers of constables and water bailiffs to enter land

      4. 55. Powers of water bailiffs

      5. 56. General enforcement provisions not to apply in relation to protection orders

    2. Further provision as to offences

      1. 57. Offences by bodies corporate

      2. 58. Offences in relation to obstruction

    3. Powers of court

      1. 59. Power of court in trial for an offence to convict of another

      2. 60. Forfeiture

      3. 61. Defences

      4. 62. Jurisdiction in respect of offences committed on sea coast or at sea

      5. 63. Disqualification of justices

  6. Part 6

    Miscellaneous

    1. 64. Power of Scottish Ministers to conduct inquiries and to obtain information

    2. 65. Additional powers in respect of licensing and regulation of salmon dealing

    3. 66. Application of Leases Act 1449

  7. Part 7

    General

    1. 67. Application of this Act to the Crown

    2. 68. Orders and regulations

    3. 69. Interpretation

    4. 70. Consequential amendments, repeals and revocations

    5. 71. Short title, commencement and extent

    1. Schedule 1

      Designation orders, estuary limits orders, annual close time orders and regulations under sections 33 and 38

    2. Schedule 2

      Election and co-option of members of district salmon fishery boards

      1. Part 1

        Meeting of qualified proprietors

      2. Part 2

        Membership

    3. Schedule 3

      Provisions as to making, variation and revocation of protection orders

    4. Schedule 4

      Consequential amendments, repeals and revocations

      1. Part 1

        Consequential amendments

      2. Part 2

        Repeals and revocations

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th March 2003 and received Royal Assent on 1st May 2003

An Act of the Scottish Parliament to consolidate, with amendments recommended by the Scottish Law Commission, the enactments relating to salmon and freshwater fisheries in Scotland.

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