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49.—(1) A person shall not be guilty of any contravention of a provision specified in paragraph (2) in respect of any act in relation to fish other than salmon, if—
(a)the act or omission is for—
(i)some scientific purpose;
(ii)the purpose of protecting, improving or developing stocks of fish; or
(iii)the purpose of conserving any creature or other living thing; and
(b)that person has obtained the previous permission, in writing—
(i)if the act or omission is one to which this sub—paragraph applies, of the Commission or of the Scottish Ministers; and
(ii)in any other case, of the Scottish Ministers.
(2) Paragraph (1)(b)(i) applies if the act or omission referred to in that provision is a contravention of article 23, 26(1)(c), 28 (so far as it relates to article 23), 29, 30, 40 or 45.
(3) A permission under paragraph (1) shall specify the act or omission permitted and the provision to which the permission relates.
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