Part 1Methods of fishing and offences related to fishing
Exemptions
27Exemption from certain offences in respect of acts done for scientific and other purposes: salmon
(1)
A person shall not, in respect of any act or omission relating to salmon or salmon roe or eggs, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if—
(a)
the act or omission is for—
(i)
some scientific purpose;
(ii)
the purpose of protecting, improving or developing stocks of fish; or
(iii)
the purpose of conserving any creature or other living thing; and
(b)
that person has obtained the previous permission in writing—
(i)
if the act or omission is one to which this sub-paragraph applies, of the district salmon fishery board for the salmon fishery district in which it takes place or of the Scottish Ministers; and
(ii)
in any other case, of the Scottish Ministers,
for the act or omission.
F1(1A)
In granting permission under subsection (1) above, a district salmon fishery board or (as the case may be) the Scottish Ministers may impose conditions or requirements.
(1B)
A person commits an offence if the person—
(a)
acts in contravention of any such condition or requirement; or
(b)
fails to take any action required of the person by any such condition or requirement.
(1C)
It is a defence for a person charged with an offence under subsection (1B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.
(1D)
A person who commits an offence under subsection (1B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)
Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph takes place in a salmon fishery district for which there is a district salmon fishery board; and is a contravention of section 1, 2, 5(1)(c), 18, 19 or 23 of this Act.
(3)
A permission under subsection (1) above shall specify the act or omission permittedF2, any conditions or requirements imposed under subsection (1A) above and the enactment to which the permission relates.