2016 No. 116
The Salmon Carcass Tagging (Scotland) Regulations 2016
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 21A(1), (2) and (3)(a) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 20031 and all other powers enabling them to do so. There has been a consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirement of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety2.
Citation and commencement1
These Regulations may be cited as the Salmon Carcass Tagging (Scotland) Regulations 2016 and come into force on 31st March 2016.
Interpretation2
In these Regulations—
“the 2003 Act” means the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003;
“the Environment Agency” means the body corporate known as the Environment Agency established under section 1 of the Environment Act 19953;
“salmon” means fish of the species Salmo salar (commonly known as salmon) or any part of any such fish and excludes migratory fish of the species Salmo trutta (commonly known as sea trout) or any part of such fish;
“salmon tag” means a tag which complies with the requirements in regulations 5 and 6 and is issued by the Scottish Ministers in accordance with regulation 8.
Duty to tag carcasses of salmon3
1
Subject to paragraph (2), any person who takes salmon from any inland waters, must tag the carcass of the salmon in accordance with regulation 4.
2
The duty imposed by paragraph (1) does not apply where the person takes a salmon—
a
by rod and line within the meaning of section 4 (as read with section 3A) of the 2003 Act;
b
for a purpose mentioned in section 27(1)(a) of the 2003 Act (exemption from certain offences in respect of acts done for scientific and other purposes: salmon) and permission to take the salmon has been obtained in accordance with section 27(1)(b) of the 2003 Act4;
c
within, and in the course of the operation of, a fish farm; or
d
under the authority of, and in accordance with, a licence granted by the Environment Agency under section 25 of the Salmon and Freshwater Fisheries Act 19755.
Requirements as to affixing of salmon tags4
1
For the purposes of regulation 3(1), the tagging of the carcass of a salmon is to be carried out by affixing a salmon tag to the carcass in accordance with this regulation.
2
The salmon tag must be affixed by the following method—
a
by inserting it through the mouth of the salmon to emerge from the gill opening; and
b
by securing and locking the tag around the gill cover.
3
The salmon tag must be affixed to the carcass of the salmon no later than the time when the salmon is brought to the shore or bank.
Nature and form of salmon tags5
A salmon tag must—
a
have a cable tie and lock; and
b
be capable of—
i
fitting through the mouth of the salmon carcass to emerge from the gill opening; and
ii
being secured with the cable tie and lock.
Information to be contained in salmon tags6
A salmon tag must contain—
a
a unique reference number; and
b
the name of the salmon fishery within which the salmon was taken.
Circumstances in which salmon tags may be removed7
1
No person may remove a salmon tag from the carcass of a salmon which has been tagged in accordance with regulations 3(1) and 4 except in the circumstances specified in paragraph (2).
2
The circumstances in which a salmon tag may be removed are where a person—
a
prepares the salmon for the purposes of cooking or smoking;
b
cuts any steaks, cutlets or other portions of the salmon immediately prior to it being offered, or exposed, for sale; or
c
prepares the salmon for his or her own consumption.
Supply and issue of salmon tags8
1
A person who intends to take salmon in circumstances where the duty at regulation 3(1) would apply may make an application to the Scottish Ministers for the supply and issue of salmon tags.
2
No person other than the Scottish Ministers may supply and issue a tag which complies with the requirements in regulations 5 and 6.
Records9
1
Any person who, by virtue of regulation 3(1), is required to tag the carcass of a salmon, must keep, for each week in which salmon is taken, a record of—
a
the total number of the carcasses of salmon which have been tagged with a salmon tag;
b
the unique reference number of any salmon tags affixed to the carcasses of salmon;
c
the salmon fishery within which the salmon was taken;
d
the unique reference number of any damaged salmon tags which cannot be affixed in accordance with regulation 4;
e
any salmon tags which have been lost.
2
A record kept under paragraph (1) must be submitted to the Scottish Ministers within the period of 2 weeks from the date of the start of the annual close time for the salmon fishery district, or that part of a salmon fishery district, within which the salmon was taken.
3
In paragraph (1) “week” means a period of 7 days commencing on a Monday and ending on a Sunday.
4
In paragraph (2)—
a
“annual close time” means the annual close time for salmon within the meaning of section 37 of the 2003 Act; and
b
the dates of the annual close time for a salmon fishery district, or part of a salmon fishery district, are those dates prescribed by the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 20146 in respect of that district or part of a district.
(This note is not part of the Regulations)