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The Conservation of Salmon (Scotland) Regulations 2016

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The Conservation of Salmon (Scotland) Regulations 2016 SCOTTISH STATUTORY INSTRUMENTS 2016 No. 115 FISHERIES RIVER SEA FISHERIES The Conservation of Salmon (Scotland) Regulations 2016 Made - - - - 22nd February 2016 Laid before the Scottish Parliament 23rd February 2016 Coming into force - - 31st March 2016 The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 38(1) and (6)(b) and (c) of, and paragraphs 7(b) and 14(1) of schedule 1 to, the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003( a) and all other powers enabling them to do so. In accordance with paragraphs 10, 11, 12 and 14(1) of schedule 1 to that Act they have consulted such persons as they considered appropriate, directed that notice be given of the general effect of these Regulations and considered representations and objections made. Citation, commencement and interpretation 1. —(1) These Regulations may be cited as the Conservation of Salmon (Scotland) Regulations 2016 and come into force on 31st March 2016. (2) In these Regulations— “fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption but does not include fish bred, reared or cultivated in captivity which have later been released to the wild; and “grid reference” means Ordnance Survey National Grid reference( b); “salmon” means fish of the species Salmo salar (commonly known as salmon) or any part of such fish and excludes the migratory fish of the species Salmo trutta (commonly known as sea trout) or any part of such fish. (a) 2003 asp 15. Section 38 was amended by the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7). (b) The National Grid is the map reference system used on all Ordnance Survey maps to identify the position of a feature. Further information may be found at www.ordnancesurvey.co.uk. Conservation status assessment 2. —(1) The Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon in inland waters described in Parts 1 and 2 of Schedule 1. (2) In making the assessment, or making arrangements for the assessment, in respect of those areas of inland waters described in Part 2 of Schedule 1, the Scottish Ministers must have regard to the conservation objectives(a) of any special area of conservation forming part of those areas of inland waters. (3) For the purposes of this regulation— (a) “conservation status” means, in relation to salmon,— (i) the stock levels of the salmon; and (ii) the condition of the salmon; (b) “special area of conservation” means an area designated as a special area of conservation within the meaning of Article 1 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora( b) which is designated for Atlantic salmon pursuant to regulation 8 of the Conservation (Natural Habitats &c.) Regulations 1994(c); and (c) “salmon” does not include any salmon produced by fish farming. Prohibition on retaining salmon 3. —(1) No person may retain any salmon caught in any coastal waters in a salmon fishery district. (2) No person may retain any salmon caught in any inland waters described in Schedule 2. (3) Paragraphs (1) and (2) do not apply where a salmon is retained— (a) for a purpose mentioned in section 27(1)(a) of the 2003 Act (exemption for certain offences in respect of acts done for scientific and other purposes: salmon) and permission to take the salmon has been granted in accordance with section 27(1)(b) of that Act; (b) within, and in the course of the operation of, a fish farm; or (c) under the authority of, and in accordance with, a licence granted by the Environment Agency under section 25 of the Salmon and Freshwater Fisheries Act 1975( d). (4) For the purposes of this regulation— “coastal waters” means waters other than inland waters( e); “the 2003 Act” means the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003; (a) The conservation objectives for special areas of conservation in Scotland may be viewed at https://gateway.snh.gov.uk/sitelink. (b) OJ L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ L 158, 10.6.2013, p.193). (c) S.I. 1994/2716 to which there are amendments not relevant to these Regulations. (d) 1975, c.51. There are amendments to section 25 which are not relevant to these Regulations. By virtue of article 6(4) of the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746) the Environment Agency authorises fishing in that part of the Lower Esk lying on or towards the south of a line representing the medium filum , at low water, of the main channel of the River Esk and of the main channel of the River Eden downstream of its confluence at low water with the main channel of the River Esk, wherever that may be from time to time. Article 6(1) provides that no person shall fish for or take salmon or sea trout in the Lower Esk unless under a licence granted by the Environment Agency or where that person has a legal right to fish for salmon or written permission from a person having such a right. (e) “inland waters” is defined in section 69(1) of the 2003 Act and includes all rivers above estuary limits and their tributary streams, and all waters, water courses and lochs whether natural or artificial which drain, or drain to some extent, into the sea. “Estuary limits” are defined in section 36 of the 2003 Act as the limits which divide each river, including the river mouth, from the sea. By virtue of section 26(2)(a) the limits are fixed and defined by the Byelaw made by the Commissioners, appointed under the Salmon Fisheries (Scotland) Acts 1862, and exercising the power under section 6(1) of that Act, dated 26th April 1864 and enacted as Schedule B to the Salmon Fisheries (Scotland) Act 1868 (c.123). 2 “Environment Agency” means the body corporate known as the Environment Agency established under section 1 of the Environment Act 1995( a); and “retain” means failing to return the fish at once to the river or other water from which it came and with the least possible injury. Conservation plans 4. —(1) The Scottish Ministers may agree a conservation plan in respect of an area of inland waters listed and described in Part 1 or Part 2 of Schedule 1 with— (a) the district salmon fishery board, or boards, for that area; or (b) where there is no such board for that area, the proprietors of any salmon fishery within that area. (2) For the purposes of this regulation— (a) a “conservation plan” means a plan setting out the objectives, priorities and management measures with respect to— (i) the management of salmon fisheries in that area; and (ii) the conservation of salmon in that area; and (b) “salmon” does not include any salmon produced by fish farming. Consequential amendment 5. In regulation 2(3) of the Conservation of Salmon (Annual Close Time and Catch and Release) (Scotland) Regulations 2014( b) after “line” insert “in inland waters”. AILEEN McLEOD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd February 2016 (a) 1995 c.25. (b) S.S.I. 2014/327 as amended by S.S.I. 2014/357. 3 SCHEDULE 1 Regulations 2(1), (2) and 4(1) CONSERVATION STATUS AREAS PART 1 Area Description 1. Add (a) All inland waters which drain directly or indirectly into the sea between (1) to the north, Rubh’ an Lionaidh at Craignish Point (grid reference NR 7600 9892); and (2) to the south, Point of Knap (grid reference NR 6997 7202) (“the outflow limits”); and (b) all inland waters on any island lying within that area of water extending seaward of the outflow limits to the mid-line of the Sound of Jura. 2. Aline (a) All inland waters which drain directly or indirectly into the sea between to the north-west, by the east end of Eilean na Beitheiche at Fuinary (grid reference NM 6233 4615); and to the south-east, Barony Point or Rubha an Ridire (grid reference NM 7325 3998) (“the outflow limits”); and (b) all inland waters on any island lying within that area of water extending seaward of the outflow limits to the mid-line of the Sound of Mull. 3. Alness (a) All inland waters which drain directly or indirectly into the Cromarty Firth between to the south, Balconie Point (grid reference NH 6255 6528); and to the north, the slipway at Nigg Ferry (grid reference NH 7965 6875) (“the outflow limits”); and (b) all inland waters on any island lying within that area of water extending seaward of the outflow limits to the mid-line of the Cromarty Firth. 4. Annan (a) All inland waters which drain directly or indirectly into the sea between to the west, a point on the sea bank (grid reference NY 0513 6455), by a line due south (true) from the easternmost end of Eastpark Farm, by Caerlaverock; and to the east, a point on the coast (grid reference NY 3245 6632), by the east bank of the mouth of the River Sark (“the outflow limits”); and (b) all inland waters on any island lying within that area of water extending seaward of the outflow limits to the mid-line of the Solway Firth. 5. Applecross (a) All inland waters which drain directly or indirectly into the sea between to the north, Rubha na Fearn (grid reference NG 7202 6148), near the mouth of Loch Torridon; and to the south, the headland at Sgeir Mhor (grid reference NG 6991 3995) (“the outflow limits”); and (b) all inland waters on any island lying within that area of water extending seaward of the outflow limits to the mid-line of Inner Sound and north-westwards for 5 kilometres.
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