Salmon Conservation (Scotland) Act 2001
Salmon Conservation (Scotland) Act 2001
2001 asp 3
[14th February 2001]
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th January 2001 and received Royal Assent onAn 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
‘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
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 or water bailiffs entering upon land) 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 the provisions of the said Act of 1951.
(3) Regulations under section 10A of this Act may make provision in relation...
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