Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15)

Part 1 S Methods of fishing and offences related to fishing

[F1 Unauthorised introduction of fish into inland waters S

Textual Amendments

F1 S. 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)

33A Unauthorised introduction of fish into inland waters S

(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 [F2 subsection (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

F2 Words 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

F3 S. 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

F4 S. 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