These notes refer to the Salmon Conservation (Scotland) Act 2001 which received Royal Assent on 14th February 2001

SALMON CONSERVATION

(SCOTLAND) ACT 2001
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EXPLANATORY NOTES

INTRODUCTION

1.    These Explanatory Notes have been prepared by the Scottish
Administration in order to assist the reader of the Act. They do not form
part of the Act and have not been endorsed by the Parliament.

2.    The Notes should be read in conjunction with the Act. They are not, and
are not meant to be, a comprehensive description of the Act. So, where a
section or schedule does not seem to require any explanation or comment,
none is given.

THE ACT

3.    The Act provided a package of measures giving Scottish Ministers powers
to make regulations for the conservation of salmon and sea trout stocks. It does
this primarily by extending the currently available powers to regulate fishing.

Section 1: Conservation of salmon and sea trout

4.    This section of the Bill inserts five new sections (10A, 10B, 10C, 10D
and 10E ) into the Salmon Act 1986 (" the 1986 Act").

Section 10A: Regulations to assist conservation of salmon

5.    Subsection (1) gives those persons specified in section 6(4) of the 1986
Act the power to apply to Scottish Ministers for regulations to be made to
conserve salmon and/or sea trout. Eligible applicants include the district
salmon fishery board for a salmon fishery district, or, where there is no such
board, two proprietors of salmon fisheries within that district.

6.     Subsection (2) describes the form that an application shall take. The
application should be in writing and should include a general description of the
proposals, and a statement of the general effect of the proposals.

7.     Subsection (3) empowers Scottish Ministers to make such regulations
either in response to an application under subsection (1) or of their own accord
if they consider that conservation measures are necessary or expedient.

8.     Subsection (4) makes clear that just because the regulations deal also with
management, does not mean that they are not to do with matters of conservation.

9.     Subsection (5) requires Scottish Ministers, when considering whether or
not to to make regulations, to take account of representations from persons
with an interest in fishing for or taking salmon, or in the environment.

10.   Subsection (6) makes clear that the new powers relate only to salmon
fisheries and cannot be used to make provision which could be made under
existing powers, except in the case of baits and lures, which are separately
covered for the purposes of the provision referred to in subsection (7)(b).

11.   Subsection 7(a) confirms that the power conferred by the section extends
to the making of provision in regulations to require a proprietor to provide
information to a district salmon fishery board. This is intended to improve the
information base of District Salmon Fishery Boards.

12.   Together with subsection (6), subsection (7)(b) gives Ministers powers
to make regulations in relation to baits and lures for the purposes of the
provisions referred to in subsection (7)(b) without having to receive an
application under section 8 of the 1986 Act.

Section 10B: Powers of enforcement, entry and arrest

13.   This section extends current enforcement powers (including entry, search
and arrest) under the Salmon Fisheries (Scotland) Act 1868 and the Salmon
and Freshwater Fisheries (Protection)(Scotland) Act 1951 ("the 1951 Act")
to cover any measures introduced under the provisions of section 10A, and
provides scope for additional enforcement powers, which may be deemed
necessary.

Section 10C: Offences penalties, forfeiture etc.

14.   This section creates offences and provides penalties in relation to a
contravention of or failure to comply with any provision of regulations made
under section 10A. It also extends certain provisions of the 1951 Act
(sections 7(3) (evidence), 19(1) (forfeiture) and 20 (disposal of seized fish))
to cover such offences.

Section 10D: Regulations

15.   Subsection (1) provides that any regulations made will be by statutory
instrument subject to annulment in pursuance of a resolution of the Parliament.

16.   Subsection (2) makes clear that such regulations may make provisions
for a whole district or river or any part thereof, that they may apply in relation
to any time or season and that they may apply to any class of fish e.g. salmon
or sea trout.

17.   Subsection (3) applies paragraphs 3-8 of Schedule 1 of the 1986 Act
(i .e. provisions relating to consultation, publication and making of the Order)
(with appropriate modifications) where regulations are to be made in response
to an application to Scottish Ministers under section 10A.

18.   Subsection (4) applies paragraphs 3-8 of Schedule 1 of that Act
(with appropriate modifications) where regulations are to be made by
Scottish Ministers of their own accord under section 10A.

Section 10E: Application to River Esk

19.   This section applies the new provisions above to that part of the River
Esk that lies in Scotland with a minor deeming provision.

Section 2: Amendment of Section 19 of the 1986 Act

20.   This section amends section 19 of the 1986 Act, which otherwise
excludes the application of Part I of the 1986 Act to the River Esk, to take
account of section 10E.

Section 3: Short title and commencement

21.   This section of the Act gives the short title to the Act and made provisions
for it being brought into force by Scottish Statutory Instrument.

PARLIAMENTARY HISTORY OF SALMON CONSERVATION (SCOTLAND) ACT 2001

The following table sets out, for each Stage of the proceedings in the Scottish Parliament on the Bill for this Act, the dates on which proceedings at that Stage took place, the references to the Official Report of those proceedings and the dates on which Committee Reports were published and the references to those Reports.