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

37 Annual close times for salmon S

(1) The annual close time for a salmon fishery district shall be a continuous period of not less than 168 days and shall apply to every mode of fishing for and taking salmon except to the extent that provision is made for periods within that time during which it is permitted to fish for and take salmon by rod and line.

(2) Subject to subsection (3) below [F1 and to section 38(5)(c) of this Act], the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line shall be, in the case of any particular district—

(a) the dates and periods specified in any designation order made in respect of that district; or

(b) where no designation order has been made in respect of that district, the dates and periods which were determined for the district (within the meaning of the 1862 to 1868 Acts), which had the same coastal limits as that salmon fishery district, under section 6(5) of the 1862 Act, but subject to any variation made under section 9 of the 1868 Act.

(3) [F2 Without prejudice to section 38(5)(c) of this Act,] the Scottish Ministers may, subject to subsection (1) above, by order (in this Act referred to as an “annual close time order”) prescribe for any district the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line and they may make different provision for different parts of a district.

[F3 (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) Paragraphs 5, 6 and [F4 9B] to 15 of schedule 1 to this Act shall have effect in relation to the making of orders under this section.

Textual Amendments

F1 Words in s. 37(2) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 29(3)(a), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F2 Words in s. 37(3) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 29(3)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F3 S. 37(3A)-(3C) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 29(3)(c), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F4 Word in s. 37(4) substituted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 25(2)(d), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Commencement Information

I1 S. 37 in force at 1.4.2005 by S.S.I. 2005/174, art. 2