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PART 2METHODS OF FISHING AND OFFENCES RELATED TO FISHING

Exemptions

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

50.—(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.