- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Conservation of Salmon (Scotland) Regulations 2016, Section 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.—(1) [F1Subject to paragraph (3), no] person may retain any salmon caught in any coastal waters in a salmon fishery district.
(2) [F2Subject to [F3paragraph (3)], no] person may retain any salmon caught in any inland waters described in Schedule 2.
F4(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Paragraphs (1) and (2) do not apply where a salmon is retained—
(a)for a purpose mentioned in section 27(1)(a) of the 2003 Act (exemption for certain offences in respect of acts done for scientific and other purposes: salmon) and permission to take the salmon has been granted in accordance with section 27(1)(b) of that Act;
(b)within, and in the course of the operation of, a fish farm; or
(c)under the authority of, and in accordance with, a licence granted by the Environment Agency under section 25 of the Salmon and Freshwater Fisheries Act 1975(1).
(4) For the purposes of this regulation—
“coastal waters” means waters other than inland waters(2);
“the 2003 Act” means the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003;
“Environment Agency” means the body corporate known as the Environment Agency established under section 1 of the Environment Act 1995(3); and
“retain” means failing to return the fish at once to the river or other water from which it came and with the least possible injury.
Textual Amendments
F1Words in reg. 3(1) substituted (1.4.2018) by The Conservation of Salmon (Scotland) Amendment Regulations 2018 (S.S.I. 2018/37), regs. 1, 2(3)
F2Words in reg. 3(2) substituted (1.4.2017) by The Conservation of Salmon (Scotland) Amendment Regulations 2016 (S.S.I. 2016/392), regs. 1, 2(2)(a)
F3Words in reg. 3(2) substituted (1.4.2019) by The Conservation of Salmon (Scotland) Amendment Regulations 2019 (S.S.I. 2019/56), regs. 1, 2(2)
F4Reg. 3(2A) omitted (1.4.2019) by virtue of The Conservation of Salmon (Scotland) Amendment Regulations 2019 (S.S.I. 2019/56), regs. 1, 2(3)
Commencement Information
1975, c.51. There are amendments to section 25 which are not relevant to these Regulations. By virtue of article 6(4) of the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746) the Environment Agency authorises fishing in that part of the Lower Esk lying on or towards the south of a line representing the medium filum, at low water, of the main channel of the River Esk and of the main channel of the River Eden downstream of its confluence at low water with the main channel of the River Esk, wherever that may be from time to time. Article 6(1) provides that no person shall fish for or take salmon or sea trout in the Lower Esk unless under a licence granted by the Environment Agency or where that person has a legal right to fish for salmon or written permission from a person having such a right.
“inland waters” is defined in section 69(1) of the 2003 Act and includes all rivers above estuary limits and their tributary streams, and all waters, water courses and lochs whether natural or artificial which drain, or drain to some extent, into the sea. “Estuary limits” are defined in section 36 of the 2003 Act as the limits which divide each river, including the river mouth, from the sea. By virtue of section 26(2)(a) the limits are fixed and defined by the Byelaw made by the Commissioners, appointed under the Salmon Fisheries (Scotland) Acts 1862, and exercising the power under section 6(1) of that Act, dated 26th April 1864 and enacted as Schedule B to the Salmon Fisheries (Scotland) Act 1868 (c.123).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: