(This note is not part of the Regulations)
These Regulations prescribe the annual close time for each salmon fishery district in Scotland (with the exception of the Tweed District) and the period within that annual close time when it is permitted to fish for and take, and fish for, salmon by rod and line. The Regulations also prohibit the retention of any salmon which are caught during the periods specified in column 4 of the Schedule (“catch and release periods”). This prohibition does not apply to the Eachaig Salmon Fishery District and the Annan Salmon Fishery District. The Conservation of Salmon (River Annan Salmon Fishery District) (Scotland) Regulations 2012, S.S.I. 2012/6 apply a catch and release regime for the River Annan Salmon Fishery District.
In terms of section 38(7) of the Salmon and Freshwater Fisheries (Scotland) Act 2003 (“the 2003 Act”) it is an offence to act in contravention of the prohibition in regulation 2(3) (prohibition against retaining salmon during specified periods). Anyone guilty of the offence is liable on summary conviction to a fine of up to level 4 on the standard scale.
Section 37 of the 2003 Act prohibits all modes of fishing for and taking salmon in a salmon fishery district during the annual close time. It is an offence under section 14 of the 2003 Act to fish for, or take, salmon during the annual close time. An exception to this is where provision has been made for periods within the annual close time during which fishing for and taking salmon by rod and line is permitted.
A Business Regulatory Impact Assessment in relation to these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies of it can be obtained from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.