Part 1Methods of fishing and offences related to fishing
Exemptions
I128Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon
1
A person shall not be guilty of any contravention of a provision specified in subsection (2) below in respect of any act in relation to fish other than salmon, if that person does the act for—
a
some scientific purpose; or
b
the purpose of protecting, improving or developing stocks of fish,
and has obtained the previous permission in writing of the Scottish Ministers.
2
The provisions are—
a
sections 2, 5, 8, 9, 17F2, 17A, 17B or 22 of this Act;
b
section 7 of this Act, so far as it relates to the said section 2; F1...
c
section 30F(1) of the Control of Pollution Act 1974 (c. 40) (pollution of controlled waters).
F33
In granting permission under subsection (1) above, the Scottish Ministers may impose conditions or requirements.
4
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.
5
It is a defence for a person charged with an offence under subsection (4)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.
6
A person who commits an offence under subsection (4) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.