The Tweed Regulation (Salmon Conservation) (No. 2) Order 2016
In accordance with paragraphs 8, 9, 10 and 12(1) of schedule 2 of that Order they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of the Order and considered representations and objections made.
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Tweed Regulation (Salmon Conservation) (No. 2) Order 2016 and comes into force on 1st April 2017.
(2)
In this Order—
“fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption but does not include fish bred, reared or cultivated in captivity which have later been released to the wild;
“salmon” means fish of the species Salmo salar (commonly known as salmon) or any part of such fish and excludes the migratory fish of the species Salmo trutta (commonly known as sea trout) or any part of such fish.
Conservation status assessment2.
(1)
The Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon in—
(a)
(b)
(2)
(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
Prohibition on retaining salmon3.
(1)
No person may retain any salmon caught in any coastal waters in the Tweed district.
(2)
No person may retain any salmon caught in any inland waters in the Tweed district except for any salmon caught in the area described in article 2(1)(a).
(3)
This article does not apply where a salmon is retained—
(a)
for a purpose mentioned in article 48(1)(a) of the Scotland Act 1998 (River Tweed) Order 2006 (exemption from certain offences of acts done for scientific and other purposes: salmon) and permission to take the salmon has been granted in accordance with article 48(1)(b) of that Order; or
(b)
within, and in the course of the operation of, a fish farm.
(4)
For the purposes of this article—
“coastal waters” means waters other than inland waters; and
“retain” means failing to return the fish at once to the river or other water from which it came and with the least possible injury.
Conservation plans4.
(1)
(2)
For the purposes of this article—
(a)
“conservation plan” means a plan setting out the objectives, priorities and management measures with respect to—
(i)
the management of salmon fisheries in the Tweed district; and
(ii)
the conservation of salmon in that district; and
(b)
“salmon” does not include any salmon produced by fish farming.
Revocation5.
St Andrew’s House,
Edinburgh
This Order makes provision to regulate the taking of salmon in the Tweed district. The Tweed district is defined in article 2 of the Scotland Act 1998 (River Tweed) Order 2006 (“the 2006 Order”). This Order places the Scottish Ministers under a duty to make, or make arrangements for, an assessment of the conservation status of salmon in the areas within the district described in article 2(1). Article 4 provides that the Scottish Ministers may agree a conservation plan with the River Tweed Commission.
Article 3(1) prohibits the retention of salmon in coastal waters. Article 3(2) prohibits the retention of salmon caught in any inland waters in the Tweed district except salmon caught in the area described in article 2(1)(a) of this Order. By virtue of article 54(7) of the 2006 Order failure to comply with these prohibitions is an offence. Any person found guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
Article 5 revokes the Tweed Regulation (Salmon Conservation) Order 2016.
A Business and Regulatory Impact Assessment in relation to this Order 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.