Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

Offences in relation to the Solway

25 Fixed engines in the Solway

(1) Any person who, for the purpose of taking, or obstructing the free passage of, salmon, places or uses an uncertificated fixed engine in the Solway shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) In subsection (1) above—

• “fixed engine” includes any net or other implement for taking fish which is fixed to the soil or made stationary in any other way; and

• “uncertificated” means not having been certificated as privileged under section 5 of the Solway Salmon Fisheries Commissioners (Scotland) Act 1877 (c.ccxl).

26 Fishing without legal right in the Solway

(1) Any person who, without legal right, or without permission of a person having such right, takes or fishes for any fish other than salmon in any of the rivers, streams or other watercourses running into the Solway shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(2) This section shall not apply to the River Annan and, in this subsection, “the River Annan” includes—

(a) the rivers, streams or other watercourses running into the River Annan; and

(b) the coast of the Solway between the west bank of the River Sark and the east bank of the Lochar Water.