Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951

PART I Prohibition of Certain Methods of Taking and Destroying Fish

1 Prohibition of poaching

If any person without legal right, or without written permission from a person having such right, fishes for or takes salmon in any waters including any part of the sea within one mile of low water mark, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds, and to the forfeiture of any fish illegally taken by him or in his possession at the time of the offence.

2 Methods of fishing

(1) No person shall fish for or take salmon in any inland water, except by rod and line or by net and coble:

Provided that any right of fishing for salmon in existence at the commencement of this Act may continue to be exercised as if the Act had not been passed.

(2) No person shall fish for or take freshwater fish in any inland water except by rod and line:

Provided that—

(a) in any pond or loch where all the proprietors are so agreed a right of fishing may be exercised by net; and

(b) in any inland water a proprietor or occupier may fish for or take freshwater fish, other than trout, by net or trap.

(3) Nothing in this section shall be construed as prohibiting the use of a gaff, tailer or landing-net as auxiliary to the taking of salmon or freshwater fish by rod and line.

(4) If any person contravenes this section he shall be guilty of an offence against this Act.

3 Illegal fishing by two or more persons acting together

If two or more persons acting together do any act which would constitute an offence against either of the foregoing sections of this Act, every such person shall be liable to the penalties set forth in section five of this Act.

4 Prohibition against using explosive and other noxious substances for the destruction of fish

If any person—

(a) uses any explosive substance with intent to take or destroy fish in any waters (including the sea up to the limit of territorial waters); or

(b) puts any poison or other noxious substance in or near any such waters with intent to take or destroy fish ; or

(c) uses any electrical device with intent to stun or destroy salmon or freshwater fish in any such waters ;

he shall be guilty of an offence against this Act.

5 Penalties for contraventions of ss. 3 and 4

Any person guilty of a contravention of either of the two last foregoing sections shall be liable—

(a) on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and imprisonment;

(b) on conviction on indictment to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

6 Taking of dead salmon or trout

Without prejudice to the operation of section three of the Diseases of Fish Act, 1937, if any person, other than a water bailiff or constable in the exercise of their respective duties, or a person authorised in that behalf by the Secretary of State, or a district board, or a person with a right to fish therein, or the agent of any such person, takes or removes dead salmon or trout from any waters, including any part of the sea within one mile of low water mark, he shall be guilty of an offence against this Act.

7 Illegal possession of salmon or trout

(1) If any person is found in possession of any salmon or trout, or any instrument, explosive, poison or other noxious substance which could be used in the taking of salmon or trout, in circumstances which afford reasonable ground for suspecting that he has obtained possession of such salmon or trout, or such instrument, explosive, poison or substance as the result or for the purpose of his committing an offence against any of the provisions of sections one to four of this Act, that person may be charged with unlawful possession as aforesaid of such salmon or trout, or of such instrument, explosive, poison or substance.

(2) Where the court is satisfied that a person charged under the last foregoing subsection obtained possession of salmon or trout, or of any instrument, explosive, poison or other noxious substance as the result or for the purpose of his committing an offence against any of the provisions of sections one to four of this Act, that person may be convicted of unlawful possession as aforesaid and dealt with in like manner as if he had been convicted of the said offence.

(3) It shall be lawful to convict a person charged under this section on the evidence of one witness.

8 Attempts to commit offences

Without prejudice to the operation of section sixty-one of the Criminal Procedure (Scotland) Act, 1887, and section five of the Summary Jurisdiction (Scotland) Act, 1908, any person who attempts to commit or does any act preparatory to the commission of an offence against this Part of this Act shall be guilty of an offence against this Act, and shall be punishable in like manner as for the said offence.

9 Saving for acts done for scientific, and c, purposes

A person shall not be guilty of any contravention of this Part of this Act in respect of any act if he does the act for some scientific purpose, or for the purpose of protecting, improving or developing stocks of fish and has obtained the previous permission in writing of the Secretary of State, or, where such act relates to salmon, of the district board if the act is done in a district where there is a district board.