The Conservation of Salmon (Scotland) Regulations 2016

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(1) 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(2) which is designated for Atlantic salmon pursuant to regulation 8 of the Conservation (Natural Habitats &c.) Regulations 1994(3); and

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

(1)

The conservation objectives for special areas of conservation in Scotland may be viewed at https://gateway.snh.gov.uk/sitelink.

(2)

OJ L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ L 158, 10.6.2013, p.193).

(3)

S.I. 1994/2716 to which there are amendments not relevant to these Regulations.