The Conservation of Salmon (Esk Salmon Fishery District) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the conservation of salmon. They shall cease to have effect at midnight on 15th February 2010.

Regulation 2 prohibits fishing with a hook other than a single or double hook without barbs in the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year.

Regulation 3 requires that any salmon caught by rod and line in the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year be returned at once to the water from which it came with the least possible injury.

Regulation 4 prohibits, between 1st and 31st May, both dates inclusive, in each year, fishing for or taking salmon by net and coble in the River North Esk except in the Kinnaber fishery. No more than one net and coble may be used in the Kinnaber fishery to fish for or take salmon on any day between 1st and 31st May, both dates inclusive, in each year.

Regulation 5 restricts the maximum number of fish traps which may be placed or used at any one time in each of the fisheries specified in column 1 of the Schedule to these Regulations to the number specified in column 2 of that Schedule opposite the fishery concerned.

Provision is made in section 10B of the Salmon Act 1986 (“the 1986 Act”) applying powers of enforcement, entry, search and arrest to water bailiffs, constables and persons appointed by the Scottish Ministers for the purposes of the enforcement of the provisions of these Regulations.

In terms of section 10C of the 1986 Act any person who acts in contravention of, fails to take any action required by, or fails to comply with any requirement imposed by, any provision of these Regulations shall be guilty of an offence and liable to a fine not exceeding level 4 on the standard scale (£2,500 at the date these Regulations come into force).