Search Legislation

The Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2014 No. 327

Fisheries

River

Salmon And Freshwater Fisheries

The Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014

Made

20th November 2014

Laid before the Scottish Parliament

24th November 2014

Coming into force

9th January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 38(1), (5)(c) and (6)(c) of, and paragraphs 7(b) and 14(1) of schedule 1 to, the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003(1).

In accordance with paragraphs 10, 11, 12 and 14(1) of schedule 1 to that Act they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of these Regulations and considered representations and objections made.

Citation and commencement

1.  These Regulations may be cited as the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014 and come into force on 9th January 2015.

Annual close time, permitted periods of fishing for rod and line fishing and prohibition on the retention of salmon

2.—(1) The dates of the annual close time for each salmon fishery district, or each part of a salmon fishery district, listed in column 1 of the Schedule are those listed in column 2 corresponding to the entry for that district or part of a district.

(2) The periods within the annual close time when it is permitted to fish for and take, or fish for, salmon by rod and line for each salmon fishery district, or part of a salmon fishery district, listed in column 1 are those periods listed in columns 3 and 4 respectively, corresponding to the entry, or part of the entry, in column 1.

(3) No person may retain any salmon caught by rod and line in a salmon fishery district, or part of a salmon fishery district, listed in column 1 during the periods listed in column 4 corresponding to that entry or part of that entry.

(4) The limits of each salmon fishery district, or part of a district, listed in column 1 are to be construed in accordance with the description of the designation listed in the corresponding entry in column 5.

(5) In this regulation—

“retain” means failing to return a fish at once to the river or other water from which it came and with the least possible injury,

and a reference to a numbered column is to the corresponding numbered column in the table in the Schedule.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th November 2014

Regulation 2

SCHEDULE

Column 1

Salmon fishery district

Column 2

Annual close time (all dates inclusive)

Column 3

Period within which it is permitted to fish by rod and line within the annual close time (all dates inclusive)

Column 4

Period within which it is permitted to fish by rod and line where retaining salmon is prohibited (catch and release) (all dates inclusive)

Column 5

Designation

1. Annan10th September to 31st March10th September to 15th NovemberByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts(2) and enacted as Schedule A to the 1868 Act.
2. Argyll27th August to 31st March27th August to 31st October11th February to 31st MarchThe Argyll Salmon Fishery District Designation Order 2005(3), article 2(1) and Schedule.
3. Arnisdale27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
4. Ayr27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
5. Beauly27th August to 31st March27th August to 15th October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
6. Bladenoch27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
7. Brora27th August to 31st March27th August to 15th October1st February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
8. CaithnessThe Caithness Salmon Fishery District Designation Order 1990(4) (“the 1990 Order”) article 2(1), Schedule 1.
(a)Forss27th August to 31st March27th August to 31st October11th February to 31st MarchThat area, Forss, described in Column 1 of Schedule 2 to the 1990 Order.
(b)Thurso and Stroma27th August to 31st March27th August to 5th October and11th January to 31st MarchThat area, Thurso and Stroma, described in Column 1 of Schedule 2 to the 1990 Order.
(c)Wick27th August to 31st March27th August to 31st October11th February to 31st MarchThat area, Wick, described in Column 1 of Schedule 2 to the 1990 Order.
(d)Dunbeath27th August to 31st March27th August to 15th October11th February to 31st MarchThat area, Dunbeath, described in Column 1 of Schedule 2 to the 1990 Order.
(e)Berriedale27th August to 31st March27th August to 31st October11th February to 31st MarchThat area, Berriedale, described in Column 1 of Schedule 2 to the 1990 Order.
9. Carron27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
10. Clyde and Leven27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
11. CononThe Conon Salmon Fishery District Designation Order 1999(5), article 2(1), Schedule 1 (“the 1999 Order”).
(a)Alness and Alt Graad27th August to 31st March27th August to 31st October11th February to 31st MarchThat area described in article 4(2)(a) of the 1999 Order.
(b)Conon and Balnagown27th August to 31st March27th August to 30th September11th February to 31st MarchThat area described in the Schedule to the 1999 Order but excepting the area of Alness and Alt Graad described in article 4(2)(a) of the 1999 Order.
12. Cree14th September to 31st March14th September to 14th October1st March to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
13. Crowe and Shiel (Loch Duich)27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
14. River Dee (Aberdeenshire)Byelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a)River Dee27th August to 31st March27th August to 15th October1st February to 31st MarchThat part of the River Dee (Aberdeenshire) Salmon Fishery District comprising the River Dee and its tributaries.
(b)River Carron and River Cowie27th August to 31st March27th August to 31st October11th February to 31st MarchThe parts of the district, being the River Carron and the River Cowie as described in article 2 and the Schedule to the Annual Close Time (River Dee (Aberdeenshire) Salmon Fishery District) Order 1989(6).
15. River Dee (Kirkcudbright)27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
16. Deveron27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
17. Don27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
18. Doon27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
19. Eachaig (Eckaig)1st September to 30th April1st September to 31st OctoberByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
20. EskThe Esk Salmon Fishery District Designation Order 1988(7), article 2(1) and Schedule (“the 1988 Order”).
(a)Bervie10th September to 30th April10th September to 31st October25th February to 30th AprilThat area formerly the salmon fishery district of the River Bervie as described in article 4(1) of the 1988 Order.
(b)North and South Esk1st September to 30th April1st September to 31st October16th February to 30th AprilThat area formerly the salmon fishery districts of the River North Esk and the River South Esk as described in article 4(2) of the 1988 Order.
21. Findhorn27th August to 31st March27th August to 30th September11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
22. Fleet (Sutherlandshire)10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
23. Fleet (Kirkcudbright)10th September to 31st March10th September 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
24. Forth27th August to 31st March27th August to 31st October;1st February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
25. Girvan10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
26. Glenelg27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
27. Helmsdale27th August to 31st March27th August to 30th September11th January to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
28. Inner (Jura)10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
29. Irvine and GarnockByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a)River Irvine10th September to 31st March10th September to 15th November25th February to 31st MarchThe Annual Close Time (Rivers Irvine and Garnock Salmon Fishery District) Order 1990(8), article 2, Schedule.
(b)River Garnock10th September to 31st March10th September to 31st October25th February to 31st MarchThat remaining part of the Rivers Irvine and Garnock Salmon Fishery District.
30 Kishorn27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
31. Kyle of Sutherland27th August to 31st March27th August to 30th September11th January to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
32. Laggan and Sorn (Islay)10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
33. Loch Long (Luingi and Elchaig)27th August to 31st March27th August to 31st October11th February to 31st MarchByelaw dated 10th February 1863 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
34. Lochaber27th August to 31st March27th August to 31st October11th February to 31st MarchThe Lochaber Salmon Fishery District Designation Order 1999(9), article 2(1) and Schedule 1.
35. Lossie27th August to 31st March27th August to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
36. Luce10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
37. Mull27th August to 31st March27th August to 31st October11th February to 31st MarchThe Mull Salmon Fishery District Designation (Scotland) Order 2002(10), article 2(1) and Schedule 1.
38. Nairn27th August to 31st March27th August to 7th October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
39. Ness27th August to 31st March27th August to 15th October;15th January to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
40. Nith10th September to 31st March10th September to 30th November25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act
41. North and WestThe North and West Salmon Fishery District Designation Order 1999(11), article 2(1), Schedule 1 (“the 1999 Order”).
(a)Hope and Polla27th August to 31st March27th August to 30th September12th January to 31st MarchThat area formerly the salmon fishery district of Hope and Polla and described in article 4(2), Schedule 3 of the 1999 Order.
(b)Grudie or Dionard27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the salmon fishery district of Grudie or Dionard as described in article 4(2), Schedule 3 of the 1999 Order.
(c)Inchard27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the salmon fishery district of Inchard as described in article 4(2), Schedule 3 of the 1999 Order.
(d)Laxford27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the salmon fishery district of Laxford as describe in article 4(2), Schedule 3 of the 1999 Order.
(e)Inver27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the salmon fishery district of Inver as described in article 4(2), Schedule 3 of the 1999 Order.
(f)Kirkaig27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the salmon fishery district of Kirkaig, as described in article 4(2), Schedule 3 of the 1999 Order.
42. NorthernThe Northern Salmon Fishery District Designation Order 2006(12), article 2(1) and Schedule (“the 2006 Order”).
(a)Halladale27th August to 31st March27th August to 30th September12th January to 31st MarchThat area formerly the salmon fishery district of Halladale described in article 2(1) and the Schedule to the 2006 Order.
(b)Kinloch (Kyle of Tongue27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the salmon fishery district of Kinloch (Kyle of Tongue) described in article 2(1) and the Schedule to the 2006 Order.
(c)Naver and Borgie27th August to 31st March27th August to 30th September12th January to 31st MarchThat area formerly the salmon fishery district of Naver and Borgie described in article 2(1) and the Schedule to the 2006 Order.
(d)Strathy27th August to 31st March27th August to 30th September12th January to 31st MarchThat area formerly the salmon fishery district of Strathy described in article 2(1) and the Schedule to the 2006 Order.
43. Orkney Islands10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 16th December 1881 made by the Commissioners appointed under the 1862 to 1868 Acts.
44. Shetland Islands10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 16th March 1883 made by the Commissioners appointed under the 1862 to 1868 Acts.
45. Skye27th August to 31st March27th August to 15th October11th Feburary to 31st MarchThe Skye Salmon Fishery District Designation Order 1991(13), article 2(1) and Schedule.
46. Spey27th August to 31st March27th August to 30th September11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
47. Stinchar10th September to 31st March10th September to 31st October25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
48. TayByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
(a)Tay21st August to 31st March21st August to 15th October15th January to 31st MarchThat part of the River Tay Salmon Fishery District comprising the River Tay and its tributaries and all other areas in the District excluding the River Earn and its tributaries and that part of the District described in article 2 of and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990(14).
(b)River Earn21st August to 31st March21st August to 31st October1st February to 31st MarchThat part of the River Tay Salmon Fishery District comprising the River Earn and its tributaries.
(c)River Eden21st August to 31st March21st August to 31st October5th February to 31st MarchThat area described in article 2 of, and the Schedule to the Annual Close Time (River Tay Salmon Fishery District) Order 1990.
49. Ugie10th September to 31st March10th September to 31st October10th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
50. Urr10th September to 31st March10th September to [31st October] [29th November]25th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.
51. Wester Ross27th August to 31st March27th August to 31st October11th February to 31st MarchThe Wester Ross Salmon Fishery District Designation Order 2003(15), article 2(1), Schedule 1.
52. Western IslesThe Western Isles Salmon Fishery District Designation Order 2001(16) (“the 2001 Order”), article 2(1), Schedule 1.
(a)Loch Roag27th August to 31st March27th August to 16th October11th February to 31st MarchThat area formerly the district of Loch Roag described in article 4, Schedule 3 to the 2001 Order.
(b)East Lewis27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the district of East Lewis described in article 4, Schedule 3 to the 2001 Order.
(c)Clayburn10th September to 31st March10th September to 31st October25th February to 31st MarchThat area formerly the district of Clayburn described in article 4, Schedule 3 to the 2001 Order.
(d)Fincastle10th September to 31st March10th September to 31st October25th February to 31st MarchThat area formerly the district of Fincastle, described in article 4, Schedule 3 to the 2001 Order.
(e)Resort27th August to 31st March27th August to 31st October11th February to 31st MarchThat area formerly the district of Resort described in article 4, Schedule 3 to the 2001 Order.
(f)Mullanageren10th September to 31st March10th September to 31st October25th February to 31st MarchThat area formerly the district of Mullangareen article 4, Schedule 3 to the 2001 Order.
(g)Howmore10th September to 31st March10th September to 31st October25th February to 31st MarchThat area formerly the district of Howmore described in article 4, Schedule 3 to the 2001 Order.
53. Ythan10th September to 31st March10th September to 31st October11th February to 31st MarchByelaw dated 24th December 1862 made by the Commissioners appointed under the 1862 to 1868 Acts and enacted as Schedule A to the 1868 Act.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the annual close time for each salmon fishery district in Scotland (with the exception of the Tweed District) and the period within that annual close time when it is permitted to fish for and take, and fish for, salmon by rod and line. The Regulations also prohibit the retention of any salmon which are caught during the periods specified in column 4 of the Schedule (“catch and release periods”). This prohibition does not apply to the Eachaig Salmon Fishery District and the Annan Salmon Fishery District. The Conservation of Salmon (River Annan Salmon Fishery District) (Scotland) Regulations 2012, S.S.I. 2012/6 apply a catch and release regime for the River Annan Salmon Fishery District.

In terms of section 38(7) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (“the 2003 Act”) it is an offence to act in contravention of the prohibition in regulation 2(3) (prohibition against retaining salmon during specified periods). Anyone guilty of the offence is liable on summary conviction to a fine of up to level 4 on the standard scale.

Section 37 of the 2003 Act prohibits all modes of fishing for and taking salmon in a salmon fishery district during the annual close time. It is an offence under section 14 of the 2003 Act to fish for, or take, salmon during the annual close time. An exception to this is where provision has been made for periods within the annual close time during which fishing for and taking salmon by rod and line is permitted.

A Business Regulatory Impact Assessment in relation to these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies of it can be obtained from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

(1)

2003 asp 15. Paragraph (c) of section 38(5) was inserted by the Aquaculture and Fisheries (Scotland) Act 2003 (asp 7), section 29(4).

(2)

Section 69(1) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (asp 15) defines “the 1862 to 1868 Acts”, the “1862 Act”, “the 1864 Act” and the “1868 Act”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources