Salmon and freshwater fisheries: list of offences
- Published
- 28 April 2022
- Directorate
- Marine Directorate
- Part of
- Marine and fisheries
A summary of general salmon and freshwater fisheries offences.
The below is not an exhaustive list, but should assist in understanding general salmon and freshwater fisheries offences.
Further information can be found in the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.
The below information should be read in conjunction with the Aquaculture and Fisheries (Scotland) Act 2007, which inserted a number of amendments and new offences into the 2003 Act.
Section 1(1)
Offence
Fishing for salmon in inland waters other than by rod and line or net and coble or – in certain circumstances – cruive, haaf net or certificated fixed engine.
Section 1(2)
Offence
Fishing for salmon in the sea other than by rod and line, net and coble or bag net, fly net or other stake net.
Section 2
Offence
Fishing for freshwater fish in inland waters other than by rod and line.
Section 3A
Offence
Using a rod not held by hand for salmonids (not from a boat).
Using more than 4 rods not held by hand for non-salmonids (not from a boat).
Using more than 4 rods on a boat to catch fish.
Note
Inserted by 2007 Act.
Section 4
Offence
Use of roe, fire or light as a bait or lure; Use of live vertebrates as bait*; foul hooking*;
Note
*Inserted by 2007 Act
Section 5
Offence
Use of explosives, poisons or electrical devices to take or destroy fish.
Section 3
Offence
Use of gaffs, and tailers.
Note
Inserted by 2007 Act.
Section 5A
Offence
Use of pike gags and knotted or metallic mesh keep-nets.
Note
Inserted by 2007 Act.
Section 6
Offence
Fishing without written permission or legal right (salmon)
Section 7
Offence
Fishing contrary to ss. 1, 2 or 6 of the 2003 Act by two or more persons acting together.
Section 8
Offence
Removing dead salmon and trout from water
Section 9
Offence
Illegal possession of salmon, trout, and articles where there is suspicion that fish have been, or are about to be taken unlawfully.
Note
Convictable on evidence of a single witness.
Section 10
Offence
Taking or preventing passage of salmon through a fish pass.
Note
Convictable on evidence of a single witness.
Section 11
Offence
Fishing without permission or legal right (stanks and loch owned by one person).
Section 12 and 48
Offence
Fishing for brown trout and freshwater fish without legal right or written permission in an area covered by a Protection Order.
Section 13(2)
Offence
Fishing for or taking salmon on a Sunday.
Note
Convictable on evidence of a single witness.
Section 13(3)
Offence
Fishing for or taking salmon during the weekly close time other than by rod and line.
Note
Convictable on evidence of a single witness.
Section 14
Offence
Fishing during the annual close time except as allowed for by byelaw, regulation or licence.
Note
Convictable on evidence of a single witness.
Section 15
Offence
Failure to remove boats and nets within 36 hours of start of the annual close time.
Note
Convictable on evidence of a single witness.
Section 16
Offence
Possessing, buying or selling salmon during the period when the annual close time is in force in every salmon fishery district.
Note
Convictable on evidence of a single witness.
Section 17
Offence
Fishing for, taking or possessing trout during the annual close time for trout.
Note
Convictable on evidence of a single witness.
Section 18
Offence
Fishing for, taking, possess, buy, sell or expose for sale unclean or unseasonable salmon.
Note
Convictable on evidence of a single witness.
Section 19
Offence
Possessing, buying, selling or exposing for sale salmon roe.
Note
Convictable on evidence of a single witness.
Section 20
Offence
Possessing salmon which have been illegally taken, killed or landed.
Note
Convictable on evidence of a single witness.
Section 21
Offence
Consigning salmon or trout in an unmarked package.
Section 21(5)
Offence
Obstruction of any person authorised under s.21(6) to check unmarked packages (consignment of fish in an unmarked package).
Section 22
Offence
Size limit for buying or selling trout (under 20cm).
Sale of any trout between 1 Sep-31 March.
Section 23(1)
Offence
Knowingly taking, injuring, destroying, buying, selling or exposing for sale smolts, parr, salmon fry or alevin or use of any device to obstruct the passage of young salmon.
Section 23(2)
Offence
Knowingly injuring or disturbing salmon spawn; or disturbing spawning bed, bank or shallow.
Section 23(3)
Offence
Obstructing the passage of salmon to spawning grounds during the annual close time.
Section 25
Offence
Use of un-certificated fixed engine in Solway.
Section 26
Offence
Fishing without legal right or permission for any fish other than salmon in the rivers running into the Solway Firth (excl Annan).
Section 31(1)(d) and 7
Offence
Fishing for salmon with net of mesh size less than 90mm (stretched mesh).
Note
Also refer to SI 1992/1974 regulation 6.
As above
Offence
Fishing for salmon with a net of twine less than 0.9mm thick.
Note
As above, regulation 8A.
As above
Offence
Use of monofilament netting in the construction of nets used in fishing for salmon.
Note
As above, regulation 8A.
Section 33(A)
Offence
Introduction of salmon or salmon spawn in inland waters without the consent of a salmon fishery board (or Scottish ministers where no board exists)
Introduction of other live fish or spawn in inland waters without consent of Scottish ministers.
Note
Convictable on evidence of a single witness.
Section 38(7)
Offence
Contravention of any salmon conservation regulation.
Note
Convictable on evidence of a single witness.
Section 50(3)(a)
Offence
Obstruction of a warden in the exercise of their powers under the Act (s. 49 and 50).
Section 50(3)(b)
Offence
Obstruction of any person appointed by Scottish Ministers under the Act (s. 50(2)) in the exercise of their powers under that subsection.
Section 58
Offence
Obstruction of a constable or water bailiff in the exercise of their powers under the Act.
Section 64
Failure of a proprietor or occupier to provide information or statistics, or to allow access to a fishery for related purposes.
The Freshwater Fish Conservation (Prohibition on Fishing for Eels) (Scotland) Regulations 2008
Section SI 2008 no 419
Offence
Fishing for or taking eels except under licence.
Note
Made under S. 51A of 2003 Act.
The Conservation of Salmon (Prohibition of Sale) (Scotland) Regulations 2002
Section SI 200 no 418
Offence
Sale of rod-caught salmon.
The Salmon (Fish Passes and Screens) (Scotland) Regulations 1994
Section SI 1994 No 2524
Offence
Failure to comply with regulations on fish passes and screens.
The Sea Fish Conservation Act 1967
Section 5
Offence
Fishing for salmon from a boat in the sea by drift net or other gill net, trawl net, seine net (other than fishing from the shore by net and coble), troll or long line.
Note
Also refer to SI 1973/207, as varied by SI 1983/60.
Section 6
Offence
Landing of salmon caught in contravention of an order made under the 1967 Act.
Note
Also refer to SI 1972/1966, as varied by SI 1983/58.
The Inshore Fishing (Scotland) Act 1984
Section 1
Offence
Fishing for salmon in the sea with any gill net within half a mile of the shore.
Note
SI 1986/59.
Section 2
Offence
Carriage of monofilament gill net of mesh size less than 250mm in any British fishing boat.
Note
Also refer to SI 1996/1907.
Section 3
Offence
Fishing with trawls or other moving gear within half a mile of a fixed salmon net.
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