UK Act of Parliament 2003 c. 15 Scotland

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 17 of 61 obligations carry a fine up to £1,000. 19 carry different penalties and 25 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person35 Occupier2 Director or Officer1

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.001 Methods of fishing: salmon (opens in a new tab) Prosecution
  • Fish for or take salmon using an illegal methodAny Person

Fine up to £2,500

s.002 Methods of fishing: freshwater fish (opens in a new tab) Prosecution
  • Fish for freshwater fish by unauthorised methodAny Person

Fine up to £2,500

s.005 Prohibition against using explosive and other noxious substances for the destruction or taking of fish (opens in a new tab) Prosecution
  • Use explosives, poison or electric devices to take or kill fishAny Person

Unlimited fine

s.005 Prohibition against using pike gags and certain keepnets Prosecution
  • Use a pike gag or prohibited keepnet when fishingAny Person

Fine up to £1,000

s.006 Fishing for salmon without right or permission (opens in a new tab) Prosecution
  • Fish for or take salmon without right or permissionAny Person

Fine up to £1,000

s.007 Illegal fishing by two or more persons acting together (opens in a new tab) Imprisonment
  • Act together to fish illegallyAny Person
s.008 Taking of dead salmon or trout (opens in a new tab) Prosecution
  • Take dead salmon or trout without authorisationAny Person

Fine up to £2,500

s.009 Illegal possession of salmon or trout (opens in a new tab) Regulated
  • Unlawfully possess salmon, trout, or illegal fishing equipmentAny Person
s.010 Offences in relation to passage of salmon (opens in a new tab) Prosecution
  • Prevent passage of salmon through fish pass or take salmon in fish passAny Person

Fine up to £2,500

s.011 Fishing in waters where fishing rights owned by one person (opens in a new tab) Prosecution
  • Fish in waters without permissionAny Person

Fine up to £200

s.012 Contravention of protection order (opens in a new tab) Prosecution
  • Fish in breach of freshwater protection orderAny Person

Fine up to £1,000

s.013 Weekly close time for salmon (opens in a new tab) Prosecution
  • Fish for or take salmon during prohibited close timesAny Person

Fine up to £2,500

s.014 Fishing for salmon during annual close time (opens in a new tab) Prosecution
  • Fish for or take salmon during annual close timeAny Person

Fine up to £2,500

s.015 Removal of boats and nets during annual close time (opens in a new tab) Regulated
  • Remove and secure boats, nets and fish traps when annual close time startsOccupier
s.016 Buying and selling salmon in close time (opens in a new tab) Prosecution
  • Buy or sell salmon during annual close timeAny Person

Fine up to £1,000

s.017 Annual close time for trout (opens in a new tab) Prosecution
  • Fish for, take, or possess trout during annual close timeAny Person

Fine up to £1,000

s.017 Weekly close time for freshwater fish Prosecution
  • Contravene weekly close time for freshwater fishAny Person

Fine up to £1,000

s.017 Annual close time for freshwater fish other than trout Prosecution
  • Fish for, take, or possess freshwater fish during annual close timeAny Person

Fine up to £1,000

s.018 Unclean salmon (opens in a new tab) Prosecution
  • Take, fish for, buy, sell, or possess unclean salmonAny Person

Fine up to £1,000

s.019 Salmon roe (opens in a new tab) Prosecution
  • Buy, sell, or possess salmon roeAny Person

Fine up to £1,000

s.020 Possessing salmon which have been illegally taken, killed or landed (opens in a new tab) Prosecution
  • Possess salmon illegally taken, killed or landedAny Person

Unlimited fine

s.021 Packages of salmon or trout to be marked (opens in a new tab) Prosecution
  • Send salmon or trout in unmarked packageAny Person

Fine up to £1,000

s.021 Salmon carcass tagging Prosecution
  • Sell or possess untagged salmon or breach tagging rulesAny Person

Fine up to £2,500

s.022 Size limit for selling trout (opens in a new tab) Prosecution
  • Buy or sell trout under 20cm or during close seasonAny Person

Fine up to £1,000

s.023 Young salmon and spawning beds (opens in a new tab) Prosecution
  • Take, injure, sell or obstruct young salmon or spawning bedsAny Person

Fine up to £1,000

s.025 Fixed engines in the Solway (opens in a new tab) Prosecution
  • Use uncertificated fixed engine in SolwayAny Person

Fine up to £2,500

s.026 Fishing without legal right in the Solway (opens in a new tab) Prosecution
  • Fish without legal right in the Solway (non-salmon)Any Person

Fine up to £200

s.027 Exemption from certain offences in respect of acts done for scientific and other purposes: salmon (opens in a new tab) Prosecution
  • Fail to comply with condition of salmon permissionAny Person

Fine up to £1,000

s.030 Exemptions in relation to fish farming (opens in a new tab) Prosecution
  • Fail to comply with fish farm consent conditionsAny Person

Fine up to £1,000

s.031 Salmon fishing: general regulations (opens in a new tab) Prosecution
  • Fail to comply with salmon fishing regulationsOccupier

Fine up to £2,500

s.033 Unauthorised introduction of fish into inland waters Prosecution
  • Introduce fish into inland waters without consentAny Person

Fine up to £1,000

s.037 Annual close times for salmon (opens in a new tab) Prosecution
  • Fail to comply with annual close time order monitoring requirementsAny Person

Fine up to £1,000

s.040 Qualified proprietors and upper and lower proprietors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Assessor must enter salmon fishery in valuation roll when requestedLocal authority
s.044 Financial powers and duties of district salmon fishery boards (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must publish annual report and audited accountsStatutory regulator
s.045 General powers and duties of district salmon fishery boards (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must appoint a clerkStatutory regulator
s.046 Proceedings of district salmon fishery boards (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must hold and conduct meetings under statutory rulesStatutory regulator
s.046 Annual report Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must publish annual reports with specified contentStatutory regulator
s.046 Annual public meeting Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must hold annual public meetingLocal authority
s.046 Further provision about meetings Regulated
Other duties (1) — Crown / regulator
  • Fishery boards must give public notice, meet in public, and publish minutesStatutory regulator
s.046 Complaints procedure Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must maintain and publicise complaints proceduresLocal authority
s.046 Members' interests Regulated
Other duties (1) — Crown / regulator
  • District salmon fishery boards must manage members' financial interestsStatutory regulator
s.047 Tenure of office (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Clerk must call triennial elections and board must fill vacanciesStatutory regulator
s.050 Powers of entry and obstruction of wardens (opens in a new tab) Imprisonment
  • Wilfully obstruct a fishery wardenAny Person
s.051 Freshwater fish conservation regulations Prosecution
  • Breach freshwater fish conservation regulationsAny Person

Fine up to £2,500

s.057 Offences by bodies corporate (opens in a new tab) Regulated
  • Consent to or neglect a company fisheries offenceDirector or Officer
s.058 Offences in relation to obstruction (opens in a new tab) Imprisonment
  • Obstruct a constable or water bailiffAny Person
s.064 Power of Scottish Ministers to conduct inquiries and to obtain information (opens in a new tab) Prosecution
  • Fail to provide requested fishery information or give false statementAny Person

Fine up to £1,000

40 other provisions — procedural and definitional
s.003 Use of landing nets (opens in a new tab)
s.003 Fishing by rod and line
s.004 Meaning of “rod and line” (opens in a new tab)
s.024 Unauthorised introduction of salmon or salmon eggs into certain waters (opens in a new tab)
s.028 Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon (opens in a new tab)
s.029 Exemption from certain offences in respect of certain acts in relation to salmon (opens in a new tab)
s.032 Exception from regulations with respect to the construction of dams, lades and water wheels (opens in a new tab)
s.033 Salmon fishing: regulations as to baits and lures (opens in a new tab)
s.033 Power to modify district salmon fishery boards' functions under section 33A
s.034 Salmon fishery districts (opens in a new tab)
s.035 Designation orders (opens in a new tab)
s.036 Estuary limits (opens in a new tab)
s.038 Salmon conservation regulations (opens in a new tab)
s.039 Procedure for making orders and regulations under section 33 and this Part (opens in a new tab)
s.041 Sole proprietor in a salmon fishery district (opens in a new tab)
s.042 Mandatories (opens in a new tab)
s.043 District salmon fishery boards (opens in a new tab)
s.046 Ministerial power to modify the good governance requirements
s.046 Ministerial power to dissolve the committee constituting a board
s.048 Increased availability of, and protection for, freshwater fishing (opens in a new tab)
s.049 Appointment of wardens to secure compliance with protection order (opens in a new tab)
s.051 Financial contributions towards organisations developing freshwater fisheries (opens in a new tab)
s.052 Grant of warrant to search premises or vehicles (opens in a new tab)
s.053 Powers of constables (opens in a new tab)
s.054 Powers of constables and water bailiffs to enter land (opens in a new tab)
s.055 Powers of water bailiffs (opens in a new tab)
s.056 General enforcement provisions not to apply in relation to protection orders (opens in a new tab)
s.059 Power of court in trial for an offence to convict of another (opens in a new tab)
s.060 Forfeiture (opens in a new tab)
s.061 Defences (opens in a new tab)
s.062 Jurisdiction in respect of offences committed on sea coast or at sea (opens in a new tab)
s.063 Disqualification of justices (opens in a new tab)
s.064 Powers in relation to salmon and freshwater fisheries: sampling, etc.
s.065 Additional powers in respect of licensing and regulation of salmon dealing (opens in a new tab)
s.066 Application of Leases Act 1449 (opens in a new tab)
s.067 Application of this Act to the Crown (opens in a new tab)
s.068 Orders and regulations (opens in a new tab)
s.069 Interpretation (opens in a new tab)
s.070 Consequential amendments, repeals and revocations (opens in a new tab)
s.071 Short title, commencement and extent (opens in a new tab)
Schedules

Schedules

14 of 35 shown
s.sch001 Common provisions with respect to orders Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult before deciding on fisheries order applicationsCrown / Minister / Government department
s.sch001 (1) Before making an order or, as the case may... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must advertise proposals and allow 28 days for objectionsCrown / Minister / Government department
s.sch001 At any time, the Scottish Ministers may alter the proposals... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must weigh altered proposals for consultation/noticeCrown / Minister / Government department
s.sch001 (1) If any representation or objection duly made is not... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider objections and arrange local inquiryCrown / Minister / Government department
s.sch001 (1) Before making regulations under section 51A of this Act,... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult before making section 51A regulationsCrown / Minister / Government department
s.sch002 Calling of meeting Regulated
Other duties (1) — Crown / regulator
  • Sheriff must call meeting to form district salmon fishery boardTribunal / Court
s.sch002 (1) At a meeting of proprietors called— Regulated
  • Elect or re-elect a committee at proprietors' meetingsAny Person
s.sch002 (1) In the co-opting of representatives of salmon anglers and... Regulated
Other duties (1) — Crown / regulator
  • District Salmon Fishery Boards must follow co-option rules and consult angling bodiesStatutory regulator
s.sch003 Making of protection order Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must require proposer to publish notice before protection orderCrown / Minister / Government department
s.sch003 The Scottish Ministers shall cause to be published each year... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish annual list of prescribed areasCrown / Minister / Government department
s.sch003 (1) If any representation or objection duly made is not... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must appoint inquiry holder and notify objectorsCrown / Minister / Government department
s.sch003 As soon as may be after a protection order has... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish protection orders and post noticesCrown / Minister / Government department
s.sch003 (1) Before the Scottish Ministers make an order varying a... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult before varying protection ordersCrown / Minister / Government department
s.sch003 (1) Before the Scottish Ministers make an order revoking a... Regulated
Other duties (1) — Crown / regulator
  • Publish notice and invite objections before revoking protection orderCrown / Minister / Government department
21 other schedules
s.sch001 Designation orders
s.sch001 Making of designation, annual close time or estuary limits order or salmon conservation regulations
s.sch001 After considering the report of the person appointed to hold...
s.sch001 Applications under this schedule may be communicated and stored electronically....
s.sch001 An application under paragraph 1 above shall be accompanied by...
s.sch001 Estuary limits orders
s.sch001 An application under paragraph 3 above shall be accompanied by...
s.sch001 Annual close time orders
s.sch001 An application under paragraph 5 above shall be accompanied by...
s.sch001 Salmon conservation regulations
s.sch001 An application under paragraph 7(a) above shall be in writing...
s.sch001 In the application of paragraphs 10 to 15 below to...
s.sch002 (1) In accordance with the following provisions of this Part...
s.sch002 (1) The members of the committee shall be members of...
s.sch003 The notice to be given under paragraph 1 above shall...
s.sch003 The Scottish Ministers may direct that, in addition to publication...
s.sch003 If no representations or objections are duly made, or if...
s.sch003 After considering the report of the person appointed to hold...
s.sch004 In section 18 (enforcement of orders in relation to salmon...
s.sch004 (1) The Inshore Fishing (Scotland) Act 1984 shall be amended...
s.sch004 (1) The Water Act 1989 shall be amended as follows....

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument
Fish for salmon in Scotland as a business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.