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Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003
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Changes to legislation:
Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, Section 33A is up to date with all changes known to be in force on or before 09 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 33A:
- s. 1(7) inserted by 2026 asp 6 s. 43(2)(b)
- s. 2(1A) inserted by 2026 asp 6 s. 43(3)(b)
- s. 5(4) inserted by 2026 asp 6 s. 43(4)(b)
- s. 6(1A)(1B) inserted by 2026 asp 6 s. 43(5)(b)
- s. 7(1)(a) sum substituted by 2026 asp 6 s. 43(6)(b)(ii)
- s. 7(1)(a) words inserted by 2026 asp 6 s. 43(6)(b)(i)
- s. 7(2) inserted by 2026 asp 6 s. 43(6)(c)
- s. 10(1A) inserted by 2026 asp 6 s. 43(7)(b)
- s. 33A(5) sum substituted by 2026 asp 6 s. 43(11)
- s. 38(7A)(7B) inserted by 2026 asp 6 s. 43(12)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(7) inserted by 2026 asp 6 s. 43(2)(b)
- s. 2(1A) inserted by 2026 asp 6 s. 43(3)(b)
- s. 5(4) inserted by 2026 asp 6 s. 43(4)(b)
- s. 6(1A)(1B) inserted by 2026 asp 6 s. 43(5)(b)
- s. 7(1)(a) sum substituted by 2026 asp 6 s. 43(6)(b)(ii)
- s. 7(1)(a) words inserted by 2026 asp 6 s. 43(6)(b)(i)
- s. 7(2) inserted by 2026 asp 6 s. 43(6)(c)
- s. 10(1A) inserted by 2026 asp 6 s. 43(7)(b)
- s. 38(7A)(7B) inserted by 2026 asp 6 s. 43(12)(b)
[F133AUnauthorised introduction of fish into inland watersS
(1)A person shall be guilty of an offence if the person intentionally introduces any live fish or live spawn of any fish into inland waters.
(2)A person shall be guilty of an offence if the person possesses any live fish or live spawn of any fish with the intention of introducing it into inland waters.
(3)A person shall not be guilty of an offence under [F2subsection (1) or (2) above ] if—
(a)the inland waters concerned constitute or are included in a fish farm, or
(b)the appropriate authority have previously consented in writing.
[F3(3A)The appropriate authority may, in granting consent for the purposes of subsection (3)(b) above, impose conditions or requirements.
(3B)A person shall be guilty of 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.
(3C)It is a defence for a person charged with an offence under subsection (3B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.]
(4)Where—
(a)the fish concerned are salmon or the spawn concerned are salmon spawn, and
(b)the inland waters concerned are in a salmon fishery district for which there is a district salmon fishery board,
the district salmon fishery board are the appropriate authority.
In any other case the Scottish Ministers are the appropriate authority.
[F4(4A)Subsection (4) is subject to provision made in regulations under section 33B of this Act.]
(5)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)A person who commits an offence under this section may be convicted on the evidence of one witness.]
Textual Amendments
F1S. 33A and preceding cross heading inserted (1.8.2008) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 35(2), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(2)
F2Words in s. 33A(3) substituted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 32(2)(a), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
F3S. 33A(3A)-(3C) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 32(2)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
F4S. 33A(4A) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 32(2)(c), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
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