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

Exemptions S

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

(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.

Textual Amendments

F1 S. 27(1A)-(1D) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 33(2)(a), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F2 Words in s. 27(3) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 33(2)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Commencement Information

I1 S. 27 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

28 Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon S

(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, 17[F3 , 17A, 17B] or 22 of this Act;

(b) section 7 of this Act, so far as it relates to the said section 2; F4 ...

(c) section 30F(1) of the Control of Pollution Act 1974 (c. 40) (pollution of controlled waters).

[F5 (3) 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.]

Textual Amendments

F3 Words in s. 28(2)(a) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(1), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

F4 S. 28(2)(c) repealed (1.4.2006) by Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F5 S. 28(3)-(6) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 33(3), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Commencement Information

I2 S. 28 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

29 Exemption from certain offences in respect of certain acts in relation to salmon S

(1) A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Scottish Ministers.

(2) The Scottish Ministers may exempt an act or omission under subsection (1) above only if they are satisfied that—

(a) the proprietor of every affected salmon fishery in the salmon fishery district in which the act or omission is to take place, being a salmon fishery entered in the valuation roll; and

(b) if there is one, the district salmon fishery board for that district,

have previously consented to it.

(3) In subsection (2) above “affected” means appearing to the Scottish Ministers to be likely to be affected by the exemption.

(4) An exemption under this section—

(a) may relate only to such person as may be specified in it;

(b) may be subject to such conditions as may be so specified;

(c) shall be in writing;

(d) shall specify—

(i) the limits of the waters to which it relates;

(ii) its duration; and

(iii) the enactment to which it relates.

Commencement Information

I3 S. 29 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

30 Exemptions in relation to fish farming S

(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),[F6 6, 8,] 13(2) and (3), 14(1), 15 to 18 [F7 , 22(1) and 23], or regulations under[F8 section 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.

[F9 (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),[F10 17B(3)(b),] 18(1)(b)[F11 , 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.

Textual Amendments

F6 Words in s. 30(1) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(2)(a)(i), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

F7 Words in s. 30(1) substituted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(2)(a)(ii), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

F8 Words in s. 30(1) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 26(3)(a), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F9 S. 30(2A)-(2D) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 33(4), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F10 Word in s. 30(5) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(2)(b), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

F11 Words in s. 30(5) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 26(3)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Commencement Information

I4 S. 30 in force at 1.4.2005 by S.S.I. 2005/174, art. 2