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

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30Exemptions in relation to fish farmingS

(1)Subject to subsections (2) to (6) below, a person shall not be guilty of a contravention of any of sections 1, 2, 5(1)(b) and (c),[F16, 8,] 13(2) and (3), 14(1), 15 to 18 [F2, 22(1) and 23], or regulations under[F3section 21A or ] section 31(1)(a) or (d), of this Act in respect of any act or omission if the act or the omission takes place within, and in the course of the operation of, a fish farm.

(2)There shall be no contravention of paragraph (b) or (c) of section 5(1) of this Act, by virtue of subsection (1) above, in respect of an act referred to in those paragraphs if, and only if, the act is carried out with the consent of the Scottish Ministers.

[F4(2A)In granting consent under subsection (2) above, the Scottish Ministers may impose conditions or requirements.

(2B)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.

(2C)It is a defence for a person charged with an offence under subsection (2B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

(2D)A person who commits an offence under subsection (2B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(3)For the purposes of subsection (1) above, the act of selling or exporting fish by or on behalf of a person who has reared the fish in a fish farm shall be deemed to be an act carried out within a fish farm in the course of the operation of that farm.

(4)In any proceedings for an offence under section 15 of this Act in relation to a boat or other thing mentioned in that section which is not in a fish farm, it shall be a defence for the person charged with such offence to prove that the act or omission complained of was necessary for the purpose of the operation of a fish farm.

(5)It shall be a defence for a person charged with an offence under section 16, 17(2)(b),[F517B(3)(b),] 18(1)(b)[F6, 21A(4)(a) or (b)] or 22 of this Act to show that that person believed on reasonable grounds that the fish with respect to which the offence is alleged to have been committed were produced by fish farming.

(6)For the purposes of subsection (5) above “fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption; but the reference in that subsection to fish produced by fish farming does not include fish bred, reared or cultivated in captivity which have later been released to the wild.

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I1S. 30 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

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