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(1)After section 3 of the 2003 Act, insert—
(1)For the purposes of this Act, a person shall be treated as fishing for or taking fish by rod and line in the circumstances set out in subsection (2), (3) or (4) only if the condition specified in the relevant subsection is met.
(2)Where a person—
(a)is fishing for or taking salmonids, and
(b)is not doing so from a boat,
the condition is that the person uses a single rod and line and that the rod is being held by the person.
(3)Where a person—
(a)is fishing for or taking freshwater fish other than salmonids, and
(b)is not doing so from a boat,
the condition is that the person uses no more than 4 rods for that purpose at any one time.
(4)Where a person—
(a)is fishing for or taking fish, and
(b)is doing so from a boat,
the condition is that no more than 4 rods are used on the boat for that purpose at any one time.
(5)In this section, “salmonids” means all fish of the family Salmonidae.”.
(2)In section 4 of the 2003 Act (meaning of “rod and line”)—
(a)in subsection (1)—
(i)the word “single” is repealed,
(ii)for the words “pointing, or by striking or dragging for fish” substitute “foul hooking”,
(b)in subsection (2), after “use” insert “live vertebrates,”,
(c)after subsection (2), insert—
“(3)In subsection (1)—
“foul hooking” means pointing, or any other method of hooking or attempting to hook a fish other than by inducing the fish to take the hook in its mouth by reason of the bait or lure;
“set line” means a fishing line left unattended in water and having attached to it one or more lures or baited hooks.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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