PART 2Salmon fisheries, etc.

Management

33Offences exempted by permission or consent: power to attach conditions, etc.

(1)

The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.

(2)

In section 27 (exemption from certain offences: salmon)—

(a)

after subsection (1) insert—

“(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.”,

(b)

in subsection (3), after “permitted” insert “ , any conditions or requirements imposed under subsection (1A) above ”.

(3)

In section 28 (exemptions: fish other than salmon), after subsection (2) insert—

“(3)

In granting permission under subsection (1) above, the Scottish Ministers may impose conditions or requirements.

(4)

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.

(5)

It is a defence for a person charged with an offence under subsection (4)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

(6)

A person who commits an offence under subsection (4) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.

(4)

In section 30 (exemptions in relation to fish farming), after subsection (2) insert—

“(2A)

In granting consent under subsection (2) above, the Scottish Ministers may impose conditions or requirements.

(2B)

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.

(2C)

It is a defence for a person charged with an offence under subsection (2B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

(2D)

A person who commits an offence under subsection (2B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.