Salmon Conservation (Scotland) Act 2002
2001 asp 3
The Bill
for this Act of the Scottish Parliament was passed by the
Parliament on 11th January
2001 and received the Royal Assent on
14th February 2001.
An Act of
the Scottish Parliament to make further provision about the
conservation of salmon and
sea trout.
1 Conservation of salmon
and sea trout.
After section
10 of the Salmon Act 1986 (c. 62) ("the 1986 Act")
insert-
"10A
Regulations to assist conservation of
salmon
(1)
An application may be made by any person who may
make
an application in relation to an annual close time order
under
section 6(4) of this Act to the Scottish Ministers to
make
regulations under subsection (3) below.
(2)
An application under subsection (1) above shall be in
writing
and shall contain the applicant's proposals, including-
(a)
a general description of the proposals:
(b)
a statement as to why the applicant considers that
the
proposals are necessary or expedient; and
(c)
a statement as to the general effect of the proposals.
(3)
The Scottish Ministers shall have power to make
regulations-
(a)
on an application under subsection (1) above; or
(b)
otherwise,
if
they consider that it is necessary or expedient to do so
for
the conservation of salmon.
(4)
For the purposes of subsection (3) above, regulations
shall
not be taken to be for something other than the
conservation
of salmon by reason only that they also have
effect
in relation to the management of salmon fisheries
for
exploitation.
(5)
In considering whether or not it is necessary or expedient
to
make regulations under subsection (3) above, the Scottish
Ministers
shall have regard to any representations made to
them
by any person having an interest in fishing for or taking
salmon, or in the environment.
(6)
Regulations under this section may be made in relation only
to
salmon fisheries; and, subject to subsection (7)(b) below, such
regulations
shall not be made in respect of matters in relation to
which
the Scottish Ministers have power to make regulations or
orders
under any other provision of this Act or under any other
enactment
relating to the management of salmon or freshwater
fisheries.
(7)
Without prejudice to the generality of the power conferred
by
subsection (3) above, regulations under this section may-
(a)
specify the type of information about any salmon fishery
that
a district salmon fishery board may require from the
proprietor
of the fishery and the time within which such
information shall (if required) be supplied;
(b)
specify baits and lures for the purposes of the definition
of
"rod and line" in section 24 of the Salmon and
Freshwater
Fisheries (Protection)(Scotland) Act 1951.
10b Powers
of enforcement, entry, search and arrest
(1)
Section 10(1)(d) of the Salmon and Freshwater Fisheries
(Protection)
(Scotland) Act 1951 (c.26) (powers of water
bailiffs)
and, in relation thereto subsections (3) and (6) of that
section shall apply to a water bailiff, a person appointed by
the
Scottish
Ministers under subsection (5) of that section and any
constable
for the purposes of the enforcement of any provision
of
any regulations made under section 10A of this Act as they
apply
to a water bailiff for the purposes of that Act; and for
this purpose the reference in the said section 10(1)(d) to
forfeiture
in pursuance of that Act shall be construed as a
reference
to forfeiture by virtue of section 10C of this Act.
(2)
Section 27 of the Salmon Fisheries (Scotland) Act 1868
(c.123)
(constables and water bailiffs entering upon land) shall
shall
apply to a water bailiff and any constable for the purposes
of
the enforcement of any provision of any regulations made
under section 10A of this Act as it applies to them for the
purposes
of the enforcement of any provision of the said Act
of
1951.
(3)
Regulations under section 10A of this Act may make
provision
in relation to a water bailiff, a person appointed by
the
Scottish Ministers under section 10(5) of the said Act of
1951
or any constable conferring on him such further powers
of
enforcement, in relation to the regulations, as the Scottish
Ministers
consider necessary or expedient for the conservation
of
salmon.
(4)
Section 11 of the said Act of 1951 (powers of entry and
search)
and, in relation thereto, section 10(3) and (6) of that
Act
shall apply to an offence against any provision of any
regulations
made under section 10A of this Act as they apply to
an offence against the provisions of sections 3 and 4 of that
Act;
and
for this purpose any reference in the said section 11 to an
offence
against any of the provisions of sections 3 and four of
that
Act shall be construed as a reference to an offence against
any
of the provisions of any regulations made under section 10A
of this Act.
(5)
Section 12 of the said Act of 1951 (apprehension of
offenders) and, in relation thereto, section 10(3) and (6) of
that
Act shall apply to an offence against any provision of any
regulations
made under section 10A of this Act as they apply to
an offence against the provisions of Part I of that Act; and
for
this
purpose any reference in the said section 12 to an offence
against
the provisions of Part I of that Act shall be construed
as
a reference to an offence against the provisions of any
regulations
made under section 10A of this Act.
10C Offences,
penalties, forfeiture etc.
(1)
Any person who-
(a)
acts in contravention of; or
(b)
fails to take any action required of him by, or to comply
with
any requirement imposed on him by,
any
provision of any regulations made under section 10A of
this
Act, shall be guilty of an offence and shall be liable on
summary
conviction to a fine not exceeding level 4 on the
standard
scale.
(2)
Sections 7(3) (evidence), 19 (forfeiture) and 20 (disposal
of seized fish) of the Salmon and Freshwater Fisheries
(Protection)
(Scotland) Act 1951 (c. 26) shall apply in the case
of
a conviction under this section of this Act as they apply in
the
case of a conviction against Part I, Section 7 or section 13,
as
the case may be, of that Act.
(3)
For the purposes of subsection (2) above-
(a)
the reference in the said section 7(3) to "this section"
shall be construed as a reference to this section of this
Act;
(b) any reference in the said section 19 to an offence
against Part I or section 10 of that Act shall be construed
as
a reference to an offence against any provision of any
regulations made under section 10A of this Act; and
(c) the reference in the said section 20 to "this
Act" shall
be
construed as a reference to regulations made under
section
10A of this Act.
10D Regulations
(1)
Regulations under section 10A of this Act shall be made
by
instrument which shall be subject to annulment in pursuance
of a resolution of the Scottish Parliament.
(2)
Such regulations may make-
(a)
provision generally in relation to any district or river, or
in
relation to any time or season;
(b)
different provision for different districts or different
parts
of a district, or for different parts of a river, or for
different
cases or classes of case.
(3)
Paragraphs 3 to 8 of Schedule 1 to this Act shall apply to
the
regulations under section 10(3)(a) of this Act as they apply
to
the making of a designation order and for this purpose-
(a)
references to an applicant, and to an application, under
Paragraph
1 shall be construed respectively as references
to
an applicant, and to an application under the said section
10A;
and
(b)
references to a designation order shall be construed as
references
to the regulations.
(4)
Paragraphs 3 to 8 of Schedule 1 to this Act shall apply to
the
regulations under section 10(3)(b) of this Act as they apply
to
the making of a designation order and for this purpose-
(a) references to an application and to an application shall
be omitted;
(b)
references to a designation order shall be construed as
references
to the regulations;
(c)
the reference in paragraph 3 to the persons who shall
be
consulted shall be construed as including, in particular,
such
district salmon fishery boards as the Scottish
Ministers consider appropriate; and
(d)
Paragraph 4(3) shall be omitted.
10E Application
to River Esk
Sections
10A to 10D of this Act shall apply to so much of the River
Esk,
including its banks and tributary streams, as is situated in
Scotland; and, for the purpose of section 10A(1) of this Act,
section
6(4) of this Act shall be deemed to apply to the River Esk,
its banks
and
tributary streams.".
2 Amendment of section
19 of the 1986 Act
In section 19 of
the 1986 Act (which provides that Part I of that Act shall
not apply to the River Esk), at
the beginning insert "Subject to section 10E
of this Act,".
3 Commencement and short
title
(1) The preceding
provisions of this Act shall come into force on such
day as the Scottish Ministers
may by order made by statutory instrument
appoint.
(2) This Act
may be cited as the Salmon Conservation (Scotland) Act
2001.
