2016 No. 118
The Tweed Regulation (Salmon Conservation) Order 2016
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by article 54(1) and (6)(c) of, and paragraphs 5(b) and 12(1) of Schedule 2 to, the Scotland Act 1998 (River Tweed) Order 20061 and all other powers enabling them to do so.
In accordance with paragraphs 8, 9, 10 and 12(1) of Schedule 2 to that Order they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of the Order and considered representations and objections made.
Citation, commencement and interpretation1
1
This Order may be cited as the Tweed Regulation (Salmon Conservation) Order 2016 and comes into force on 31st March 2016.
2
In this Order—
“fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption but does not include fish bred, reared or cultivated in captivity which have later been released to the wild; and
“grid reference” means Ordnance Survey National Grid reference2;
“salmon” means fish of the species Salmo salar (commonly known as salmon) or any part of such fish and excludes the migratory fish of the species Salmo trutta (commonly known as sea trout) or any part of such fish.
Conservation status assessment2
1
The Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon in—
a
the River Tweed and all inland waters which drain, or drain to some extent, to the outflow point at grid reference NT 9730 5176 east of Berwick; and
b
all other inland waters within the Tweed district.
2
In making the assessment, or making arrangements for the assessment, in respect of the inland waters mentioned in paragraph (1)(a), the Scottish Ministers must have regard to the conservation objectives for the River Tweed3.
3
For the purposes of this article—
a
“conservation status” means, in relation to salmon,—
i
the stock levels of the salmon; and
ii
the condition of the salmon; and
b
“salmon” does not include any salmon produced by fish farming.
Prohibition on retaining salmon3
1
No person may retain any salmon caught in any coastal waters in the Tweed district.
2
This article does not apply where a salmon is retained—
a
for a purpose mentioned in article 48(1)(a) of the principal Order (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 article 48(1)(b) of that Order; or
b
within, and in the course of the operation of, a fish farm.
3
For the purposes of this article—
“coastal waters” means waters other than inland waters4;
“the principal Order” means the Scotland Act 1998 (River Tweed) Order 2006;
“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.
Conservation plans4
The Scottish Ministers may agree a conservation plan in respect of the Tweed district with the Commission5.
1
For the purposes of this article—
a
“conservation plan” means a plan setting out the objectives, priorities and management measures with respect to—
i
the management of salmon fisheries in the Tweed district; and
ii
the conservation of salmon in that district; and
b
“salmon” does not include any salmon produced by fish farming.
Consequential amendment5
In article 3(3) of the Tweed Regulation Order 20076 after “line” insert “in inland waters”.
(This note is not part of the Order)