Aquaculture and Fisheries (Scotland) Act 2013

27 Powers to take fish or samples for analysis, etc.

(1) The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2) After section 64 insert—

“64A Powers in relation to salmon and freshwater fisheries: sampling, etc.

(1) A person authorised by the Scottish Ministers (an “authorised person”) may—

(a) for a purpose mentioned in subsection (2)(a) or (b) below, require a person having rights in a salmon fishery or freshwater fishery—

(i) to permit the authorised person to take and retain fish from the fishery,

(ii) to permit the authorised person to take samples of material from fish in the fishery,

(iii) to provide the authorised person with fish, or samples of material from fish, in the fishery,

(b) for a purpose mentioned in subsection (2)(c) below, affix a tag of such type and in such a way as the Scottish Ministers consider appropriate to any fish taken from a salmon fishery or freshwater fishery,

(c) for a purpose mentioned in subsection (2)(d) below, enter on a salmon fishery or freshwater fishery.

(2) The purposes referred to in subsection (1) above are—

(a) carrying out analysis of the fish or samples by any method that the Scottish Ministers consider appropriate,

(b) ascertaining whether an offence has been committed under section 33A of this Act,

(c) tracking or monitoring the fish,

(d) exercising the powers mentioned in paragraphs (a) and (b) of subsection (1) above, or tracking or monitoring fish tagged under paragraph (b) of that subsection.

(3) An authorised person seeking to exercise a power mentioned in subsection (1) above must, if requested, produce evidence of identity and authorisation.

(4) A person having rights in a salmon fishery or freshwater fishery commits an offence if the person—

(a) fails or wilfully refuses to comply with a requirement under paragraph (a) of subsection (1) above, or

(b) obstructs an authorised person in the exercise of any of the powers under paragraph (b) or (c) of that subsection.

(5) It is a defence for a person charged with an offence under subsection (4)(a) above to show that the person had a reasonable excuse for failing or refusing to comply with a requirement as mentioned in that subsection.

(6) A person who commits an offence—

(a) under subsection (4)(a) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale,

(b) under subsection (4)(b) above is liable on summary conviction—

(i) to a fine not exceeding level 3 on the standard scale,

(ii) to imprisonment for a term not exceeding 3 months, or

(iii) to both such fine and such imprisonment.

(7) In this section, references to a person having rights in a salmon fishery or freshwater fishery are to be construed in accordance with section 64(3) of this Act.”.