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Introductory Text
PART 1 Aquaculture
CHAPTER 1 Fish farm management
1.Fish farm management agreements and statements
2.Escapes, and obtaining samples, from fish farms
CHAPTER 2 Fish farming: equipment and wellboats
Equipment
3.Technical requirements for equipment used in fish farming
Wellboats
4.Meaning of “wellboat”
5.Control and monitoring of operations of wellboats
6.Enforcement notices
7.Marine enforcement officers' functions
8.Power to detain wellboats in connection with court proceedings
9.Release of wellboat detained under section 8
10.Power of sheriff to order release of wellboats
CHAPTER 3 Commercially damaging species
Orders relating to commercially damaging species
11.Specification of commercially damaging species
12.Movement of species, etc.
13.Orders under section 12(1): samples and surveillance
14.Offences relating to persons appointed under section 13
15.Notification of presence of commercially damaging species
Control
16.Control agreements
17.Control schemes
18.Emergency action notices
19.Appeals in connection with emergency action notices
Powers
20.Power to enter fish farms, shellfish farms, etc.
Offences
21.Offences in relation to control agreements, control schemes, etc.
Interpretation of Chapter 3
22.Interpretation of Chapter 3
CHAPTER 4 Planning permission
23.Planning permission for marine fish farms
PART 2 Salmon fisheries, etc.
Governance
24.District salmon fishery boards: openness and accountability
25.Duty to consult and report before making certain applications
Management
26.Carcass tagging
27.Powers to take fish or samples for analysis, etc.
28.Power of Scottish Ministers to conduct inquiries and obtain information
29.Monitoring and evaluation of the effects of orders, etc.
30.Power to vary procedures for orders, etc. relating to certain fisheries
31.Offence of fishing for salmon during annual close time
32.Consents for introduction of fish into inland waters
33.Offences exempted by permission or consent: power to attach conditions, etc.
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003: Crown application
34.Application of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 to the Crown
PART 3 Sea fisheries
Enforcement of sea fisheries legislation
35.Powers of British sea-fishery officers to enforce sea fisheries legislation
Detention of vessels in connection with court proceedings
36.Power to detain vessels in connection with court proceedings
37.Release of vessel detained under section 36
38.Power of sheriff to order release of vessels
Inspection and seizure of objects used in commercial sea fishing
39.Power to inspect and seize objects
40.Reports of inspections under section 39
41.Retention of objects seized under section 39(3)
42.Disposal of objects seized under section 39
Retention and disposal of property seized by BSFOs
43.Retention of property seized by British sea-fishery officers
44.Power of Scottish Ministers to sell seized fish in their possession
45.Disposal of property retained by Scottish Ministers under section 43
Forfeiture
46.Forfeiture of prohibited items
47.Forfeiture of fish failing to meet size requirements
48.Further provision about forfeiture under section 46 or 47
Inshore sea fishing
49.Contravention of orders prohibiting inshore sea fishing
50.Powers of entry
Enforcement of EU rules
51.Modification of the Fisheries Act 1981: enforcement of EU rules
Supplementary
52.Conclusion of proceedings
53.Interpretation of Part 3
PART 4 Shellfish
Protection of shellfish waters
54.Protection and improvement of shellfish waters
Orders as to fisheries for shellfish
55.Power to make orders as to fisheries for shellfish
56.Contravention of regulated fishery orders
57.Enforcement of orders: powers of entry
58.Power to appoint inspectors before making orders as to fisheries for shellfish
PART 5 Miscellaneous
Charging
59.Power to charge in connection with fisheries functions
Fixed penalty notices
60.Fixed penalty notices
61.Fixed penalty notices and civil sanctions under the Marine (Scotland) Act 2010
PART 6 General
62.Subordinate legislation
63.Interpretation
64.Ancillary provision
65.Crown application
66.Commencement
67.Short title
SCHEDULE 1
Commercially damaging species: control schemes
Making a control scheme: procedure
1.Where the Scottish Ministers propose to make a control scheme,...
2.If no objection is duly made under paragraph 1, or...
3.If any objection duly made under paragraph 1 is not...
4.A control scheme may not be made with any modifications...
Variation or revocation of a control scheme: procedure
5.(1) The Scottish Ministers may— (a) make a scheme varying...
6.Before making any variation or revocation such as is mentioned...
7.If no objection is duly made under paragraph 6, or...
8.If any objection duly made under paragraph 6 is not...
9.A variation of a control scheme may not be made...
Objections
10.Notwithstanding anything in paragraph 3 or 8, the Scottish Ministers...
Making, varying or revoking a control scheme: notices
11.On making a control scheme, or on varying or revoking...
Validity of control schemes
12.Subject to paragraph 13, the validity of a control scheme...
Appeals
13.(1) Any person who carries on a business of fish...
SCHEDULE 2
Forfeiture under section 46 or 47
Application of schedule
1.This schedule applies where— (a) property seized by a British...
Notice of intended forfeiture
2.(1) The Scottish Ministers must serve notice of the intended...
Notice of claim
3.(1) A person claiming that the property is not liable...
Automatic forfeiture in a case where no claim is made
4.The property is taken to be forfeited if—
Decision whether to apply for order forfeiting property
5.(1) Where a notice of claim in respect of the...
Return of property if no application made to the sheriff
6.(1) If, in a case in which a notice of...
Forfeiture applications
7.(1) This paragraph applies if, in a case in which...
Appeal against sheriff's decision on forfeiture application
8.(1) Either party may appeal against the decision of the...
Effect of forfeiture
9.Where property is taken to be forfeited under this schedule...
Disposal of property which is not returned
10.(1) This paragraph applies where any property is required to...
Provisions as to proof
11.(1) In proceedings on a forfeiture application under this schedule...
Power to destroy fish before forfeiture
12.(1) The Scottish Ministers may destroy any fish which they...
Power to return shellfish to the sea before forfeiture
13.(1) This paragraph applies to any shellfish—