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After section 10 of the Salmon Act 1986 (c.62) ("the
1986 Act") insert-
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"10A Regulations to assist conservation of salmon
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(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.
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(2) An application under subsection (1) above shall
be in writing and shall contain the applicant's proposals, including-
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(a) a general description of the proposals;
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(b) a statement as to why the applicant considers
that the proposals are necessary or expedient; and
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(c) a statement as to the general effect of
the proposals.
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(3) The Scottish Ministers shall have power to make
regulations-
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(a) on an application under subsection (1) above;
or
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(b) otherwise,
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if they consider that it is necessary or expedient
to do so for the conservation of salmon.
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(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.
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(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.
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(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.
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(7) Without prejudice to the generality of the power
conferred by subsection (3) above, regulations under this section
may-
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(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;
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(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.
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10B Powers of enforcement, entry, search and arrest
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(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.
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(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.
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(3) Regulations under section 10A of this Act may
make provision in relation to a water bailiff, a person appointed
by the Scottish Ministers under section 10(5) of the said Act of
1951 or any constable conferring on him such further powers of enforcement,
in relation to the regulations, as the Scottish Ministers consider
necessary or expedient for the conservation of salmon.
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(4) Section 11 of the said Act of 1951 (powers of
entry and search) and, in relation thereto, section 10(3) and (6)
of that Act shall apply to an offence against any provision of any
regulations made under section 10A of this Act as they apply to
an offence against any of the provisions of sections 3 and 4 of
that Act; and for this purpose any reference in the said section
11 to an offence against any of the provisions of sections 3 and
4 of that Act shall be construed as a reference to an offence against
any of the provisions of any regulations made under section 10A
of this Act.
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(5) Section 12 of the said Act of 1951 (apprehension
of offenders) and, in relation thereto, section 10(3) and (6) of
that Act shall apply to an offence against any provision of any
regulations made under section 10A of this Act as they apply to
an offence against the provisions of Part I of that Act; and for
this purpose any reference in the said section 12 to an offence
against the provisions of Part I of that Act shall be construed
as a reference to an offence against the provisions of any regulations
made under section 10A of this Act.
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10C Offences, penalties, forfeiture etc.
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(1) Any person who-
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(a) acts in contravention of; or
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(b) fails to take any action required of him
by, or to comply with any requirement imposed on him by,
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any provision of any regulations made under section
10A of this Act, shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding level 4 on the standard
scale.
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(2) Sections 7(3) (evidence), 19 (forfeiture) and
20 (disposal of seized fish) of the Salmon and Freshwater Fisheries
(Protection) (Scotland) Act 1951 (c.26) shall apply in the case
of a conviction under this section of this Act as they apply in
the case of a conviction against Part I, section 7 or section 13,
as the case may be, of that Act.
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(3) For the purpose of subsection (2) above-
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(a) the reference in the said section 7(3) to
"this section" shall be construed as a reference to this section
of this Act;
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(b) any reference in the said section 19 to
an offence against Part I or section 13 of that Act shall
be construed as a reference to an offence against any provision
of any regulations made under section 10A of this Act; and
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(c) the reference in the said section 20 to
"this Act" shall be construed as a reference to regulations
made under section 10A of this Act.
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10D Regulations
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(1) Regulations under section 10A of this Act shall
be made by statutory instrument which shall be subject to annulment
in pursuance of a resolution of the Scottish Parliament.
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(2) Such regulations may make-
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(a) provision generally in relation to any district
or river, or in relation to any time or season;
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(b) different provision for different districts
or different parts of a district, or for different parts of
a river, or for different cases or classes of case.
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(3) Paragraphs 3 to 8 of Schedule 1 to this Act shall
apply to the making of regulations under section 10A(3)(a) of this
Act as they apply to the making of a designation order and for this
purpose-
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(a) references to an applicant, and to an application,
under paragraph 1 shall be construed respectively as references
to an applicant, and to an application, under the said section
10A; and
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(b) references to a designation order shall
be construed as references to the regulations.
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(4) Paragraphs 3 to 8 of Schedule 1 to this Act shall
apply to the making of regulations under section 10A(3)(b) of this
Act as they apply to the making of a designation order and for this
purpose-
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(a) references to an applicant and to an application
shall be omitted;
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(b) references to a designation order shall
be construed as references to the regulations;
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(c) the reference in paragraph 3 to the persons
who shall be consulted shall be construed as including, in
particular, such district salmon fishery boards as the Scottish
Ministers consider appropriate; and
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(d) paragraph 4(3) shall be omitted.
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10E Application to River Esk
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Sections 10A to 10D of this Act shall apply
to so much of the River Esk, including its banks and tributary
streams, as is situated in Scotland; and, for the purpose
of section 10A(1) of this Act, section 6(4) of this Act shall
be deemed to apply to the River Esk, its banks and tributary
streams.".
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