Any person who, for the purpose of taking, or obstructing the free passage of, salmon, places or uses an uncertificated fixed engine in the Solway shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In subsection (1) above—

• “fixed engine” includes any net or other implement for taking fish which is fixed to the soil or made stationary in any other way; and

• “uncertificated” means not having been certificated as privileged under section 5 of the Solway Salmon Fisheries Commissioners (Scotland) Act 1877 (c.ccxl).