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The Conservation of Salmon (Scotland) Regulations 2016

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Conservation of Salmon (Scotland) Regulations 2016 and come into force on 31st March 2016.

(2) In these Regulations—

“fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption but does not include fish bred, reared or cultivated in captivity which have later been released to the wild; and

“grid reference” means Ordnance Survey National Grid reference(1);

“salmon” means fish of the species Salmo salar (commonly known as salmon) or any part of such fish and excludes the migratory fish of the species Salmo trutta (commonly known as sea trout) or any part of such fish.

Conservation status assessment

2.—(1) The Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon in inland waters described in Parts 1 and 2 of Schedule 1.

(2) In making the assessment, or making arrangements for the assessment, in respect of those areas of inland waters described in Part 2 of Schedule 1, the Scottish Ministers must have regard to the conservation objectives(2) of any special area of conservation forming part of those areas of inland waters.

(3) For the purposes of this regulation—

(a)“conservation status” means, in relation to salmon,—

(i)the stock levels of the salmon; and

(ii)the condition of the salmon;

(b)“special area of conservation” means an area designated as a special area of conservation within the meaning of Article 1 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(3) which is designated for Atlantic salmon pursuant to regulation 8 of the Conservation (Natural Habitats &c.) Regulations 1994(4); and

(c)“salmon” does not include any salmon produced by fish farming.

Prohibition on retaining salmon

3.—(1) No person may retain any salmon caught in any coastal waters in a salmon fishery district.

(2) No person may retain any salmon caught in any inland waters described in Schedule 2.

(3) Paragraphs (1) and (2) do not apply where a salmon is retained—

(a)for a purpose mentioned in section 27(1)(a) of the 2003 Act (exemption for certain offences in respect of acts done for scientific and other purposes: salmon) and permission to take the salmon has been granted in accordance with section 27(1)(b) of that Act;

(b)within, and in the course of the operation of, a fish farm; or

(c)under the authority of, and in accordance with, a licence granted by the Environment Agency under section 25 of the Salmon and Freshwater Fisheries Act 1975(5).

(4) For the purposes of this regulation—

“coastal waters” means waters other than inland waters(6);

“the 2003 Act” means the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003;

“Environment Agency” means the body corporate known as the Environment Agency established under section 1 of the Environment Act 1995(7); and

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

Conservation plans

4.—(1) The Scottish Ministers may agree a conservation plan in respect of an area of inland waters listed and described in Part 1 or Part 2 of Schedule 1 with—

(a)the district salmon fishery board, or boards, for that area; or

(b)where there is no such board for that area, the proprietors of any salmon fishery within that area.

(2) For the purposes of this regulation—

(a)a “conservation plan” means a plan setting out the objectives, priorities and management measures with respect to—

(i)the management of salmon fisheries in that area; and

(ii)the conservation of salmon in that area; and

(b)“salmon” does not include any salmon produced by fish farming.

Consequential amendment

5.  In regulation 2(3) of the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014(8) after “line” insert “in inland waters”.

AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd February 2016

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