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Section 24 of the 2003 Act is repealed.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.