The Salmon Carcass Tagging (Scotland) Regulations 2016

Duty to tag carcasses of salmon

3.—(1) Subject to paragraph (2), any person who takes salmon from any inland waters, must tag the carcass of the salmon in accordance with regulation 4.

(2) The duty imposed by paragraph (1) does not apply where the person takes a salmon—

(a) by rod and line within the meaning of section 4 (as read with section 3A) of the 2003 Act;

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

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

(d) 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(2).

(1)

Section 27 was amended by the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7) section 33(2).

(2)

1975 c.51. There are amendments to section 25 which are not relevant to these Regulations. By virtue of article 6(4) of the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746) the Environment Agency authorises fishing in that part of the Lower Esk lying on or towards the south of a line representing the medium filum, at low water, of the main channel of the River Esk and of the main channel of the River Eden downstream of its confluence at low water with the main channel of the River Esk, wherever that line may be from time to time.