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Scottish Statutory Instruments

2008 No. 419

RIVER

SALMON AND FRESHWATER FISHERIES

The Freshwater Fish Conservation (Prohibition on Fishing for Eels) (Scotland) Regulations 2008

Made

15th December 2008

Laid before the Scottish Parliament

18th December 2008

Coming into force

26th January 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 51A of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003(1) and all other powers enabling them to do so.

In accordance with paragraph 9A of schedule 1 to that Act(2) they have consulted with such persons as they considered appropriate.

In accordance with paragraph 11 of schedule 1 to that Act they have directed that notice be given of the general effect of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Freshwater Fish Conservation (Prohibition on Fishing for Eels) (Scotland) Regulations 2008 and shall come into force on 26th January 2009.

Prohibition on fishing for eels

2.  No person shall fish for or take eels of the species Anguilla Anguilla, except under the authority of a licence granted by the Scottish Ministers.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

15th December 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under section 51A of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, prohibit the fishing for eels of the species Anguilla Anguilla except under the authority of a licence granted by the Scottish Ministers.

By virtue of section 51A(8) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 any person who acts in contravention of these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

These Regulations are made in implementation of Council Regulation (EC) No. 1100/2007 establishing measures for the recovery of the stock of European eel (Anguilla Anguilla).

(1)

2003 asp 15. Section 51A was inserted by section 24 of the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12). Back [1]

(2)

Paragraph 9A of schedule 1 was inserted by paragraph 6 of the schedule to the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12). Back [2]