http://www.legislation.gov.uk/asp/2026/6/section/43Natural Environment (Scotland) Act 2026enStatute Law Database2026-04-28Expert Participation2026-03-13
Part 4Miscellaneous and generalSalmon and freshwater fishingModification of offences and penalties related to fishing
43
1
The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is modified as follows.
2
In section 1 (methods of fishing: salmon)—
a
in subsection (6)—
i
at the beginning, insert “Subject to subsection (7),”,
ii
for “level 4 on the standard scale” substitute “the statutory maximum”,
b
after subsection (6), insert—
7
Where the commission of an offence under this section results in the taking of more than one salmon, the person who committed the offence is liable on summary conviction to a fine not exceeding the statutory maximum in respect of each salmon taken.
.
3
In section 2 (methods of fishing: freshwater fish)—
a
in subsection (1)—
i
after “subsections” insert “(1A),”,
ii
for “level 4 on the standard scale” substitute “the statutory maximum”,
b
after subsection (1), insert—
1A
Where the commission of an offence under this section results in the taking of more than one freshwater fish, the person who committed the offence is liable on summary conviction to a fine not exceeding the statutory maximum in respect of each freshwater fish taken.
.
4
In section 5 (prohibition against using explosive and other noxious substances for the destruction or taking of fish)—
a
in subsection (3)(a)—
i
at the beginning, insert “Subject to subsection (4),”,
ii
for “the statutory maximum” substitute “£40,000”,
b
after subsection (3), insert—
4
Where the commission of an offence under this section results in the taking, destruction or stunning of more than one fish, the person who committed the offence is liable on summary conviction to a fine not exceeding the maximum fine in respect of each fish taken, destroyed or stunned.
.
5
In section 6 (fishing for salmon without right or permission)—
a
in subsection (1), the words “and liable on summary conviction to a fine not exceeding level 3 on the standard scale” are repealed,
b
after subsection (1), insert—
1A
A person found guilty of an offence under subsection (1) is, on summary conviction, liable—
a
where the offence results in the taking of a salmon, subject to subsection (1B), to a fine not exceeding the statutory maximum,
b
otherwise, to a fine not exceeding level 3 on the standard scale.
1B
Where the commission of an offence under this section results in the taking of more than one salmon, the person who committed the offence is liable on summary conviction to a fine not exceeding the statutory maximum in respect of each salmon taken.
.
6
In section 7 (illegal fishing by two or more persons acting together)—
a
the existing text becomes subsection (1),
b
in that subsection, in paragraph (a)—
i
at the beginning, insert “subject to subsection (2),”,
ii
for “the statutory maximum” substitute “£40,000”,
c
after that subsection, insert—
2
Where the commission of an offence under this section results in the taking of more than one salmon or freshwater fish, the person who committed the offence is liable on summary conviction to a fine not exceeding the maximum fine in respect of each fish taken.
.
7
In section 10 (offences in relation to passage of salmon)—
a
in subsection (1)—
i
at the beginning, insert “Subject to subsection (1A),”,
ii
for “level 4 on the standard scale” substitute “the statutory maximum”,
b
after subsection (1), insert—
1A
Where the commission of an offence under this section results in the taking of more than one salmon, the person who committed the offence is liable on summary conviction to a fine not exceeding the statutory maximum in respect of each salmon taken.
.
8
In section 19 (salmon roe), in subsection (1), for “level 3 on the standard scale” substitute “£40,000”.
9
In section 20 (possessing salmon which have been illegally taken, killed or landed), in subsection (2)(a), for “level 3 on the standard scale” substitute “£40,000”.
10
In section 23 (young salmon and spawning beds), in subsection (7), for “level 3 on the standard scale” substitute “£40,000”.
11
In section 33A (unauthorised introduction of fish into inland waters), in subsection (5), for “level 3 on the standard scale” substitute “£40,000”.
12
In section 38 (salmon conservation regulations)—
a
in subsection (7), the words “and liable on summary conviction to a fine not exceeding level 4 on the standard scale” are repealed,
b
after subsection (7), insert—
7A
A person found guilty of an offence under subsection (7) is, on summary conviction, liable—
a
where the offence results in the taking, killing or otherwise harming of a salmon, subject to subsection (7B), to a fine not exceeding the statutory maximum,
b
otherwise, to a fine not exceeding level 4 on the standard scale.
7B
Where the commission of an offence under this section results in the taking, killing or otherwise harming of more than one salmon, the person who committed the offence is liable on summary conviction to a fine not exceeding the statutory maximum in respect of each salmon taken, killed or otherwise harmed.
.
S. 43 not in force at Royal Assent, see s. 59(2)