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Scottish Statutory Instruments

2014 No. 327

Fisheries

River

Salmon And Freshwater Fisheries

The Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014

Made

20th November 2014

Laid before the Scottish Parliament

24th November 2014

Coming into force

9th January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 38(1), (5)(c) and (6)(c) of, and paragraphs 7(b) and 14(1) of schedule 1 to, the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003(1).

In accordance with paragraphs 10, 11, 12 and 14(1) of schedule 1 to that Act they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of these Regulations and considered representations and objections made.

Citation and commencement

1. These Regulations may be cited as the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014 and come into force on 9th January 2015.

Annual close time, permitted periods of fishing for rod and line fishing and prohibition on the retention of salmon

2.—(1) The dates of the annual close time for each salmon fishery district, or each part of a salmon fishery district, listed in column 1 of the Schedule are those listed in column 2 corresponding to the entry for that district or part of a district.

(2) The periods within the annual close time when it is permitted to fish for and take, or fish for, salmon by rod and line for each salmon fishery district, or part of a salmon fishery district, listed in column 1 are those periods listed in columns 3 and 4 respectively, corresponding to the entry, or part of the entry, in column 1.

(3) No person may retain any salmon caught by rod and line in a salmon fishery district, or part of a salmon fishery district, listed in column 1 during the periods listed in column 4 corresponding to that entry or part of that entry.

(4) The limits of each salmon fishery district, or part of a district, listed in column 1 are to be construed in accordance with the description of the designation listed in the corresponding entry in column 5.

(5) In this regulation—

“retain” means failing to return a fish at once to the river or other water from which it came and with the least possible injury,

and a reference to a numbered column is to the corresponding numbered column in the table in the Schedule.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th November 2014

Regulation 2

SCHEDULE

Column 1 Salmon fishery district			Column 2 Annual close time (all dates inclusive)	Column 3 Period within which it is permitted to fish by rod and line within the annual close time (all dates inclusive)	Column 4 Period within which it is permitted to fish by rod and line where retaining salmon is prohibited (catch and release) (all dates inclusive)	Column 5 Designation
1. Annan			10th September to 31st March	10th September to 15th November		Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts(2) and enacted as Schedule A to the 1868 Act.
2. Argyll			27th August to 31st March	27th August to 31st October	11th February to 31st March	The Argyll Salmon Fishery District Designation Order 2005(3), article 2(1) and Schedule.
3. Arnisdale			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
4. Ayr			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
5. Beauly			27th August to 31st March	27th August to 15th October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
6. Bladenoch			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
7. Brora			27th August to 31st March	27th August to 15th October	1st February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
8. Caithness						The Caithness Salmon Fishery District Designation Order 1990(4) (“the 1990 Order”) article 2(1), Schedule 1.
(a)	Forss		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area, Forss, described in Column 1 of Schedule 2 to the 1990 Order.
(b)	Thurso and Stroma		27th August to 31st March	27th August to 5th October and	11th January to 31st March	That area, Thurso and Stroma, described in Column 1 of Schedule 2 to the 1990 Order.
(b)	Thurso and Stroma		27th August to 31st March		11th January to 31st March
(c)	Wick		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area, Wick, described in Column 1 of Schedule 2 to the 1990 Order.
(d)	Dunbeath		27th August to 31st March	27th August to 15th October	11th February to 31st March	That area, Dunbeath, described in Column 1 of Schedule 2 to the 1990 Order.
(e)	Berriedale		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area, Berriedale, described in Column 1 of Schedule 2 to the 1990 Order.
9. Carron			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
10. Clyde and Leven			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
11. Conon						The Conon Salmon Fishery District Designation Order 1999(5), article 2(1), Schedule 1 (“the 1999 Order”).
(a)	Alness and Alt Graad		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area described in article 4(2)(a) of the 1999 Order.
(b)	Conon and Balnagown		27th August to 31st March	27th August to 30th September	11th February to 31st March	That area described in the Schedule to the 1999 Order but excepting the area of Alness and Alt Graad described in article 4(2)(a) of the 1999 Order.
12. Cree			14th September to 31st March	14th September to 14th October	1st March to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
13. Crowe and Shiel (Loch Duich)			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
14. River Dee (Aberdeenshire)						Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a)		River Dee	27th August to 31st March	27th August to 15th October	1st February to 31st March	That part of the River Dee (Aberdeenshire) Salmon Fishery District comprising the River Dee and its tributaries.
(b)		River Carron and River Cowie	27th August to 31st March	27th August to 31st October	11th February to 31st March	The parts of the district, being the River Carron and the River Cowie as described in article 2 and the Schedule to the Annual Close Time (River Dee (Aberdeenshire) Salmon Fishery District) Order 1989(6).
15. River Dee (Kirkcudbright)			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
16. Deveron			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
17. Don			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
18. Doon			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
19. Eachaig (Eckaig)			1st September to 30th April	1st September to 31st October		Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
20. Esk						The Esk Salmon Fishery District Designation Order 1988(7), article 2(1) and Schedule (“the 1988 Order”).
(a)	Bervie		10th September to 30th April	10th September to 31st October	25th February to 30th April	That area formerly the salmon fishery district of the River Bervie as described in article 4(1) of the 1988 Order.
(b)	North and South Esk		1st September to 30th April	1st September to 31st October	16th February to 30th April	That area formerly the salmon fishery districts of the River North Esk and the River South Esk as described in article 4(2) of the 1988 Order.
21. Findhorn			27th August to 31st March	27th August to 30th September	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
22. Fleet (Sutherlandshire)			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
23. Fleet (Kirkcudbright)			10th September to 31st March	10th September 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
24. Forth			27th August to 31st March	27th August to 31st October;	1st February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
25. Girvan			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
26. Glenelg			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
27. Helmsdale			27th August to 31st March	27th August to 30th September	11th January to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
28. Inner (Jura)			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
29. Irvine and Garnock						Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a)	River Irvine		10th September to 31st March	10th September to 15th November	25th February to 31st March	The Annual Close Time (Rivers Irvine and Garnock Salmon Fishery District) Order 1990(8), article 2, Schedule.
(b)	River Garnock		10th September to 31st March	10th September to 31st October	25th February to 31st March	That remaining part of the Rivers Irvine and Garnock Salmon Fishery District.
30 Kishorn			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
31. Kyle of Sutherland			27th August to 31st March	27th August to 30th September	11th January to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
32. Laggan and Sorn (Islay)			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
33. Loch Long (Luingi and Elchaig)			27th August to 31st March	27th August to 31st October	11th February to 31st March	Byelaw dated 10th February 1863 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
34. Lochaber			27th August to 31st March	27th August to 31st October	11th February to 31st March	The Lochaber Salmon Fishery District Designation Order 1999(9), article 2(1) and Schedule 1.
35. Lossie			27th August to 31st March	27th August to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
36. Luce			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
37. Mull			27th August to 31st March	27th August to 31st October	11th February to 31st March	The Mull Salmon Fishery District Designation (Scotland) Order 2002(10), article 2(1) and Schedule 1.
38. Nairn			27th August to 31st March	27th August to 7th October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
39. Ness			27th August to 31st March	27th August to 15th October;	15th January to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
40. Nith			10th September to 31st March	10th September to 30th November	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act
41. North and West						The North and West Salmon Fishery District Designation Order 1999(11), article 2(1), Schedule 1 (“the 1999 Order”).
(a)	Hope and Polla		27th August to 31st March	27th August to 30th September	12th January to 31st March	That area formerly the salmon fishery district of Hope and Polla and described in article 4(2), Schedule 3 of the 1999 Order.
(b)	Grudie or Dionard		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the salmon fishery district of Grudie or Dionard as described in article 4(2), Schedule 3 of the 1999 Order.
(c)	Inchard		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the salmon fishery district of Inchard as described in article 4(2), Schedule 3 of the 1999 Order.
(d)	Laxford		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the salmon fishery district of Laxford as describe in article 4(2), Schedule 3 of the 1999 Order.
(e)	Inver		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the salmon fishery district of Inver as described in article 4(2), Schedule 3 of the 1999 Order.
(f)	Kirkaig		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the salmon fishery district of Kirkaig, as described in article 4(2), Schedule 3 of the 1999 Order.
42. Northern						The Northern Salmon Fishery District Designation Order 2006(12), article 2(1) and Schedule (“the 2006 Order”).
(a)	Halladale		27th August to 31st March	27th August to 30th September	12th January to 31st March	That area formerly the salmon fishery district of Halladale described in article 2(1) and the Schedule to the 2006 Order.
(b)	Kinloch (Kyle of Tongue		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the salmon fishery district of Kinloch (Kyle of Tongue) described in article 2(1) and the Schedule to the 2006 Order.
(c)	Naver and Borgie		27th August to 31st March	27th August to 30th September	12th January to 31st March	That area formerly the salmon fishery district of Naver and Borgie described in article 2(1) and the Schedule to the 2006 Order.
(d)	Strathy		27th August to 31st March	27th August to 30th September	12th January to 31st March	That area formerly the salmon fishery district of Strathy described in article 2(1) and the Schedule to the 2006 Order.
43. Orkney Islands			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 16th December 1881 made by the Commissioners appointed under the 1862 to 1868 Acts.
44. Shetland Islands			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 16th March 1883 made by the Commissioners appointed under the 1862 to 1868 Acts.
45. Skye			27th August to 31st March	27th August to 15th October	11th Feburary to 31st March	The Skye Salmon Fishery District Designation Order 1991(13), article 2(1) and Schedule.
46. Spey			27th August to 31st March	27th August to 30th September	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
47. Stinchar			10th September to 31st March	10th September to 31st October	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
48. Tay						Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a)	Tay		21st August to 31st March	21st August to 15th October	15th January to 31st March	That part of the River Tay Salmon Fishery District comprising the River Tay and its tributaries and all other areas in the District excluding the River Earn and its tributaries and that part of the District described in article 2 of and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990(14).
(b)	River Earn		21st August to 31st March	21st August to 31st October	1st February to 31st March	That part of the River Tay Salmon Fishery District comprising the River Earn and its tributaries.
(c)	River Eden		21st August to 31st March	21st August to 31st October	5th February to 31st March	That area described in article 2 of, and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990.
49. Ugie			10th September to 31st March	10th September to 31st October	10th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
50. Urr			10th September to 31st March	10th September to [31st October] [29th November]	25th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
51. Wester Ross			27th August to 31st March	27th August to 31st October	11th February to 31st March	The Wester Ross Salmon Fishery District Designation Order 2003(15), article 2(1), Schedule 1.
52. Western Isles						The Western Isles Salmon Fishery District Designation Order 2001(16) (“the 2001 Order”), article 2(1), Schedule 1.
(a)	Loch Roag		27th August to 31st March	27th August to 16th October	11th February to 31st March	That area formerly the district of Loch Roag described in article 4, Schedule 3 to the 2001 Order.
(b)	East Lewis		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the district of East Lewis described in article 4, Schedule 3 to the 2001 Order.
(c)	Clayburn		10th September to 31st March	10th September to 31st October	25th February to 31st March	That area formerly the district of Clayburn described in article 4, Schedule 3 to the 2001 Order.
(d)	Fincastle		10th September to 31st March	10th September to 31st October	25th February to 31st March	That area formerly the district of Fincastle, described in article 4, Schedule 3 to the 2001 Order.
(e)	Resort		27th August to 31st March	27th August to 31st October	11th February to 31st March	That area formerly the district of Resort described in article 4, Schedule 3 to the 2001 Order.
(f)	Mullanageren		10th September to 31st March	10th September to 31st October	25th February to 31st March	That area formerly the district of Mullangareen article 4, Schedule 3 to the 2001 Order.
(g)	Howmore		10th September to 31st March	10th September to 31st October	25th February to 31st March	That area formerly the district of Howmore described in article 4, Schedule 3 to the 2001 Order.
53. Ythan			10th September to 31st March	10th September to 31st October	11th February to 31st March	Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the annual close time for each salmon fishery district in Scotland (with the exception of the Tweed District) and the period within that annual close time when it is permitted to fish for and take, and fish for, salmon by rod and line. The Regulations also prohibit the retention of any salmon which are caught during the periods specified in column 4 of the Schedule (“catch and release periods”). This prohibition does not apply to the Eachaig Salmon Fishery District and the Annan Salmon Fishery District. The Conservation of Salmon (River Annan Salmon Fishery District) (Scotland) Regulations 2012, S.S.I. 2012/6 apply a catch and release regime for the River Annan Salmon Fishery District.

In terms of section 38(7) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (“the 2003 Act”) it is an offence to act in contravention of the prohibition in regulation 2(3) (prohibition against retaining salmon during specified periods). Anyone guilty of the offence is liable on summary conviction to a fine of up to level 4 on the standard scale.

Section 37 of the 2003 Act prohibits all modes of fishing for and taking salmon in a salmon fishery district during the annual close time. It is an offence under section 14 of the 2003 Act to fish for, or take, salmon during the annual close time. An exception to this is where provision has been made for periods within the annual close time during which fishing for and taking salmon by rod and line is permitted.

A Business Regulatory Impact Assessment in relation to these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies of it can be obtained from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

(1)

2003 asp 15. Paragraph (c) of section 38(5) was inserted by the Aquaculture and Fisheries (Scotland) Act 2003 (asp 7), section 29(4).

(2)

Section 69(1) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (asp 15) defines “the 1862 to 1868 Acts”, the “1862 Act”, “the 1864 Act” and the “1868 Act”.

(3)

(4)

(5)

(6)

(7)

(8)