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The Tweed Regulation (Salmon Conservation) Order 2016

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Prohibition on retaining salmon

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

(2) This article does not apply where a salmon is retained—

(a)for a purpose mentioned in article 48(1)(a) of the principal Order (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 article 48(1)(b) of that Order; or

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

(3) For the purposes of this article—

“coastal waters” means waters other than inland waters(1);

“the principal Order” means the Scotland Act 1998 (River Tweed) Order 2006;

“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.

(1)

“Inland waters” is defined in article 4(1) of the Scotland Act 1998 (River Tweed) Order 2006, S.I. 2006/2913, and includes all rivers above estuary limits and their tributary streams, and all waters, watercourses and lochs, whether natural or artificial, which drain, or drain to some extent, into the sea. “Estuary limits” is defined in article 3 of that Order as the limits which divide each river, including the river mouth, from the sea. The estuary limits for the River Tweed are fixed by article 3(3) and (4). The estuary limits for all other rivers within the Tweed district may be fixed by an estuary limits order made under article 3(5). Where no order is made under article 3(5) the estuary limits for a river are the natural limits which divide a river (including its mouth or estuary) from the sea (article 3(2)).

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