The Tweed Regulation (Salmon Conservation) (No. 2) Order 2016

Conservation status assessment

2.—(1) The Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon in—

(a) the Tweed and all inland waters(1) which drain, or drain to some extent, to the outflow point at grid reference NU 0100 5228 east of Berwick; and

(b) all other inland waters within the Tweed district(2).

(2) In making the assessment, or making arrangements for the assessment, in respect of the inland waters mentioned in paragraph (1)(a), the Scottish Ministers must have regard to the conservation objectives for the River Tweed special area of conservation(3).

(3) For the purposes of this article—

(a) “conservation status” means, in relation to salmon—

(i) the stock levels of the salmon; and

(ii) the condition of the salmon;

(b) “salmon” does not include any salmon produced by fish farming; and

(c) “special area of conservation” means an area designated as a special area of conservation within the meaning of Article 1 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(4) which is designated for Atlantic salmon pursuant to regulation 8 of the Conservation (Natural Habitats, &c.) Regulations 1994(5).

(1)

“Inland waters” is defined in article 4(1) of the Scotland Act 1998 (River Tweed) Order 2006 and includes all rivers above estuary limits and their tributary streams, and all waters, watercourses and lochs whether natural or artificial which drain or drain to some extent into the sea. “Estuary limits” is defined in article 3 of that Order as the limits which divide each river including the river mouth or estuary from the sea. The estuary limits for the Tweed are fixed by article 3(3) and (4). The estuary limits for all other rivers within the Tweed district may be fixed by an estuary limits order made under article 3(5). Where no order is made under article 3(5), the estuary limits for a river are the natural limits which divide a river (including its mouth or estuary) from the sea (article 3(2)).

(2)

The Tweed district is defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006.

(3)

The conservation objectives for the River Tweed special area of conservation may be found at https://gateway.snh.gov.uk/sitelink/siteinfo.jsp?pa_code=8369.

(4)

OJ L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ L 158, 10.6.2013, p.193).

(5)

S.I. 1994/2716 to which there are amendments not relevant to these Regulations.