PART 2METHODS OF FISHING AND OFFENCES RELATED TO FISHING

Exemptions

Exemption from certain offences in respect of certain acts in relation to salmon50

1

A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Scottish Ministers.

2

The Scottish Ministers may exempt an act or omission under paragraph (1) only if they are satisfied that—

a

the proprietor of every affected salmon fishery in the district; and

b

the Commission,

have previously consented to it.

3

In paragraph (2) “affected” means appearing to the Scottish Ministers to be likely to be affected by the exemption.

4

An exemption under this article—

a

may relate only to such person as may be specified in it;

b

may be subject to such conditions as may be so specified;

c

shall be in writing; and

d

shall specify—

i

the limits of the waters to which it relates;

ii

its duration; and

iii

the enactment to which it relates.