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.