Part 5Miscellaneous
I135Unauthorised introduction of fish into inland waters
1
Section 24 of the 2003 Act is repealed.
2
After section 33 of that Act (salmon fishing: regulations as to baits and lures), insert—
Unauthorised introduction of fish into inland waters
33AUnauthorised introduction of fish into inland waters
1
A person shall be guilty of an offence if the person intentionally introduces any live fish or live spawn of any fish into inland waters.
2
A person shall be guilty of an offence if the person possesses any live fish or live spawn of any fish with the intention of introducing it into inland waters.
3
A person shall not be guilty of an offence under this section if—
a
the inland waters concerned constitute or are included in a fish farm, or
b
the appropriate authority have previously consented in writing.
4
Where—
a
the fish concerned are salmon or the spawn concerned are salmon spawn, and
b
the inland waters concerned are in a salmon fishery district for which there is a district salmon fishery board,
the district salmon fishery board are the appropriate authority.
In any other case the Scottish Ministers are the appropriate authority.
5
Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6
A person who commits an offence under this section may be convicted on the evidence of one witness.