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Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

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27Exemption from certain offences in respect of acts done for scientific and other purposes: salmonS

(1)A person shall not, in respect of any act or omission relating to salmon or salmon roe or eggs, be guilty of a contravention of an enactment prohibiting or regulating that act or omission 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 district salmon fishery board for the salmon fishery district in which it takes place or of the Scottish Ministers; and

(ii)in any other case, of the Scottish Ministers,

for the act or omission.

[F1(1A)In granting permission under subsection (1) above, a district salmon fishery board or (as the case may be) the Scottish Ministers may impose conditions or requirements.

(1B)A person commits an offence if the person—

(a)acts in contravention of any such condition or requirement; or

(b)fails to take any action required of the person by any such condition or requirement.

(1C)It is a defence for a person charged with an offence under subsection (1B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

(1D)A person who commits an offence under subsection (1B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(2)Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph takes place in a salmon fishery district for which there is a district salmon fishery board; and is a contravention of section 1, 2, 5(1)(c), 18, 19 or 23 of this Act.

(3)A permission under subsection (1) above shall specify the act or omission permitted[F2, any conditions or requirements imposed under subsection (1A) above] and the enactment to which the permission relates.

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Commencement Information

I1S. 27 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

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