PART 2Salmon fisheries, etc.
Management
I133Offences exempted by permission or consent: power to attach conditions, etc.
1
The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section.
2
In section 27 (exemption from certain offences: salmon)—
a
after subsection (1) insert—
1A
In granting permission under subsection (1) above, a district salmon fishery board or (as the case may be) the Scottish Ministers may impose conditions or requirements.
1B
A person commits an offence if the person—
a
acts in contravention of any such condition or requirement; or
b
fails to take any action required of the person by any such condition or requirement.
1C
It is a defence for a person charged with an offence under subsection (1B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.
1D
A person who commits an offence under subsection (1B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
b
in subsection (3), after “permitted” insert “
, any conditions or requirements imposed under subsection (1A) above
”
.
3
In section 28 (exemptions: fish other than salmon), after subsection (2) insert—
3
In granting permission under subsection (1) above, the Scottish Ministers may impose conditions or requirements.
4
A person commits an offence if the person—
a
acts in contravention of any such condition or requirement; or
b
fails to take any action required of the person by any such condition or requirement.
5
It is a defence for a person charged with an offence under subsection (4)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.
6
A person who commits an offence under subsection (4) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
In section 30 (exemptions in relation to fish farming), after subsection (2) insert—
2A
In granting consent under subsection (2) above, the Scottish Ministers may impose conditions or requirements.
2B
A person commits an offence if the person—
a
acts in contravention of any such condition or requirement; or
b
fails to take any action required of the person by any such condition or requirement.
2C
It is a defence for a person charged with an offence under subsection (2B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.
2D
A person who commits an offence under subsection (2B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.