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The Scottish Ministers, on application to them by the Esk District Salmon Fishery Board, having had regard to representations made to them by those persons mentioned in section 10A(5) of the Salmon Act 1986[1] and having consulted and directed that notice be given in accordance with section 10D(4) of, and Schedule 1 to, that Act, and having considered representations and objections made, in exercise of the powers conferred by section 10A(3)(a) of that Act and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and cessation 1. - (1) These Regulations may be cited as the Conservation of Salmon (Esk Salmon Fishery District) Regulations 2005 and shall come into force on 16th February 2005. (2) These Regulations shall cease to have effect at midnight on 15th February 2010. Restriction on fishing 2. - (1) No person shall fish with a hook other than a single or double hook without barbs. (2) This regulation applies to the Esk salmon fishery district[2] between 16th February and 31st May, both dates inclusive, in each year. Prohibition against retention of salmon 3. - (1) No person shall retain any salmon caught by rod and line. (2) This regulation applies to the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year. (3) In this regulation-
Restriction on use of net and coble in the River North Esk
Restriction on use of traps
(This note is not part of the Regulations) These Regulations make provision for the conservation of salmon. They shall cease to have effect at midnight on 15th February 2010. Regulation 2 prohibits fishing with a hook other than a single or double hook without barbs in the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year. Regulation 3 requires that any salmon caught by rod and line in the Esk salmon fishery district between 16th February and 31st May, both dates inclusive, in each year be returned at once to the water from which it came with the least possible injury. Regulation 4 prohibits, between 1st and 31st May, both dates inclusive, in each year, fishing for or taking salmon by net and coble in the River North Esk except in the Kinnaber fishery. No more than one net and coble may be used in the Kinnaber fishery to fish for or take salmon on any day between 1st and 31st May, both dates inclusive, in each year. Regulation 5 restricts the maximum number of fish traps which may be placed or used at any one time in each of the fisheries specified in column 1 of the Schedule to these Regulations to the number specified in column 2 of that Schedule opposite the fishery concerned. Provision is made in section 10B of the Salmon Act 1986 ("the 1986 Act") applying powers of enforcement, entry, search and arrest to water bailiffs, constables and persons appointed by the Scottish Ministers for the purposes of the enforcement of the provisions of these Regulations. In terms of section 10C of the 1986 Act any person who acts in contravention of, fails to take any action required by, or fails to comply with any requirement imposed by, any provision of these Regulations shall be guilty of an offence and liable to a fine not exceeding level 4 on the standard scale (£2,500 at the date these Regulations come into force). Notes: [1] 1986 c.62. Sections 10A and 10D were inserted by the Salmon Conservation (Scotland) Act 2001 (asp 3).back [2] The limits of the district are set out in the Schedule to the Esk Salmon Fishery District Designation Order 1988 (S.I. 1988/994 (S.96)).back [3] 1951 c.26. Fishing for and taking salmon is defined for the purposes of section 2 by the Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992 (S.I. 1992/1974 (S.201)) article 2, as amended by the Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Amendment Regulations 1993 (S.I. 1993/257 (S.20)).back
ISBN 0 11 069401 5
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