PART 2 METHODS OF FISHING AND OFFENCES RELATED TO FISHING

Exemptions

Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon

49.—(1) A person shall not be guilty of any contravention of a provision specified in paragraph (2) in respect of any act in relation to fish other than salmon, if—

(a) the act or omission is for—

(i) some scientific purpose;

(ii) the purpose of protecting, improving or developing stocks of fish; or

(iii) the purpose of conserving any creature or other living thing; and

(b) that person has obtained the previous permission, in writing—

(i) if the act or omission is one to which this sub—paragraph applies, of the Commission or of the Scottish Ministers; and

(ii) in any other case, of the Scottish Ministers.

(2) Paragraph (1)(b)(i) applies if the act or omission referred to in that provision is a contravention of article 23, 26(1)(c), 28 (so far as it relates to article 23), 29, 30, 40 or 45.

(3) A permission under paragraph (1) shall specify the act or omission permitted and the provision to which the permission relates.