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The Conservation of Salmon (Prohibition of Sale) (Scotland) Regulations 2002

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Scottish Statutory Instruments

2002 No. 418

RIVER

SALMON AND FRESHWATER FISHERIES

The Conservation of Salmon (Prohibition of Sale) (Scotland) Regulations 2002

Made

10th September 2002

Laid before the Scottish Parliament

10th September 2002

Coming into force

1st October 2002

The Scottish Ministers, having had regard to representations made to them by those persons mentioned in section 10A(5) of the Salmon Act 1986(1) and having carried out all necessary consultation and complied with all necessary procedures as required by section 10D(4) of and Schedule 1 to that Act and having considered representations and objections made, in exercise of the powers conferred by sections 10A(3)(b) of that Act and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Conservation of Salmon (Prohibition of Sale) (Scotland) Regulations 2002 and shall come into force on 1st October 2002.

Prohibition of sale

2.—(1) No person shall sell, offer or expose for sale any salmon that has been taken by rod and line.

(2) In paragraph (1), “rod and line” means single rod and line with such bait or lure as is lawful on 1st October 2002.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th September 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations prohibit the sale, offer or exposure for sale in Scotland of any salmon that has been taken using a rod and line (regulation 2). “Salmon” means all migratory fish of the species Salmo salar and Salmo trutta commonly known as salmon and sea trout. It also includes parts of any such fish.

Provision is made in section 10B of the Salmon Act 1986 Act (“the 1986 Act”) applying powers of enforcement, entry, search and arrest to water bailiffs, constables and persons appointed by the Scottish Ministers for the purposes of the enforcement of the prohibition imposed by these Regulations.

In terms of section 10C of the 1986 Act any person who acts in contravention of these Regulations shall be guilty of an offence and liable to a fine not exceeding level 4 on the standard scale (£2,500 at the date this instrument comes into force).

(1)

1986 c. 62. Sections 10A and 10D were inserted by the Salmon Conservation (Scotland) Act 2001 (asp 3).

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