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

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This is the original version (as it was originally enacted).

34Salmon fishery districts

(1)Subject to subsection (2) below, a salmon fishery district shall be the area within the coastal limits of a district (within the meaning of the 1862 to 1868 Acts), and extending—

(a)seaward for 5 kilometres from mean low water springs; and

(b)landward to include the catchment area of each river which flows directly or indirectly into the sea within the coastal limits of the salmon fishery district.

(2)The Scottish Ministers may, in accordance with section 35 of this Act, by order (in this Act referred to as a “designation order”) designate any area as a salmon fishery district, whether or not it includes all or part of an existing salmon fishery district.

(3)After consulting such persons as they think fit, the Scottish Ministers may, by order—

(a)where an island or part of an island is not within the area of a salmon fishery district by virtue of subsection (1) or (2) above, include in the area of such a district—

(i)that island or that part; and

(ii)the sea within 5 kilometres from mean low water springs on that island or that part;

(b)where there is doubt as to whether a particular place is in a particular salmon fishery district, make provision for the purpose of removing that doubt; or

(c)change a reference used in describing a salmon fishery district where the suitability of that reference for that purpose has lessened or ceased,

but such an order shall not create a salmon fishery district.

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