Part 1Methods of fishing and offences related to fishing

Exemptions

29Exemption from certain offences in respect of certain acts in relation to salmon

1

A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Scottish Ministers.

2

The Scottish Ministers may exempt an act or omission under subsection (1) above only if they are satisfied that—

a

the proprietor of every affected salmon fishery in the salmon fishery district in which the act or omission is to take place, being a salmon fishery entered in the valuation roll; and

b

if there is one, the district salmon fishery board for that district,

have previously consented to it.

3

In subsection (2) above “affected” means appearing to the Scottish Ministers to be likely to be affected by the exemption.

4

An exemption under this section—

a

may relate only to such person as may be specified in it;

b

may be subject to such conditions as may be so specified;

c

shall be in writing;

d

shall specify—

i

the limits of the waters to which it relates;

ii

its duration; and

iii

the enactment to which it relates.