228.This section makes amendments to a number of offences contained in the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (“the 2003 Act”). The amendments increase financial penalties for particular poaching and conservation offences on summary conviction, and allow for penalties to be determined on a per-fish basis where appropriate where an offence involves more than one fish being harmed, taken or killed etc.
229.The offences in the 2003 Act which are affected are:
	Section 1 (methods of fishing: salmon): this section makes it an offence to fish for or take salmon in inland waters and in any waters in a salmon fishery district other than inland waters except by those methods listed in the provision. The amendment raises the maximum penalty available on summary conviction for this offence from a fine not exceeding level 4 on the standard scale (£2,500) to the statutory maximum (£10,000) and provides for fines to be imposed on a per-fish basis where more than one salmon is taken.
	Section 2 (methods of fishing: freshwater fish): this section makes it an offence to fish for or take freshwater fish (other than salmon) except by rod and line. The amendment raises the maximum penalty available on summary conviction from level 4 on the standard scale (£2,500) to the statutory maximum (£10,000) and provides for fines to be imposed on a per-fish basis where more than one fish is taken.
	Section 5 (prohibition against use of explosives, poison to destroy or take fish): this section makes it an offence for any person to use any poison, explosive or other noxious substances or any electrical device, with the intent to take, destroy or stun fish in any waters. The amendment raises the maximum penalty available on summary conviction from the statutory maximum (£10,000) to £40,000 and provides that fines are to be imposed on a per-fish basis where the offence has resulted in the taking, destruction or stunning of more than one fish.
	Section 6 (fishing for salmon without right or permission): this section makes it an offence to fish for or take salmon in any waters, without legal right or written permission from a person having such right. The maximum penalty for this offence on summary conviction is a fine not exceeding level 3 on the standard scale (£1,000). The amendment raises the maximum penalty for fishing without legal right or written permission and taking a salmon to the statutory maximum (£10,000). However, the penalty for fishing without legal right or written permission and not taking a salmon is not increased and remains at the current level. The amendments also provide that fines are to be imposed on a per-fish basis where more than one salmon is taken.
	Section 7 (illegal fishing by two or more persons acting together): this section makes it an offence for every person involved, where two or more persons are acting together, to do any act which would constitute an offence under section 1, 2 or 6 of the 2003 Act. The maximum financial penalty for each person for this offence on summary conviction was a fine not exceeding the statutory maximum (£10,000), but the amendment raises this to £40,000 and provides that fines are to be imposed on a per-fish basis where more than one fish is taken.
	Section 10 (offences in relation to passage of salmon): this section makes it an offence for any person to intentionally prevent the passage of salmon through any fish pass or take a salmon as it passes through a fish pass. The maximum penalty for this offence on summary conviction was a fine not exceeding level 4 on the standard scale (£2,500), but amendment raises the maximum penalty available on summary conviction for this offence to the statutory maximum (£10,000) and provides that fines are to be imposed on a per-fish basis where more than one salmon is taken.
	Section 19 (salmon roe): this section makes it an offence for any person to buy, sell, expose for sale or have in their possession any salmon roe. The maximum penalty for this offence on summary conviction is raised from a fine not exceeding level 3 on the standard scale (£1,000) to a maximum of £40,000.
	Section 20 (possessing salmon which have been illegally taken, killed or landed): this section makes it an offence for any person to be in possession of a salmon that they believe, or should reasonably suspect has been illegally taken, killed or landed. The maximum financial penalty for this offence on summary conviction is increased to £40,000.
	Section 23 (young salmon and spawning beds): this section lists offences in relation to young salmon and spawning beds. Section 23(1) makes it an offence for any person to knowingly take, injure, destroy, buy, sell, expose for sale, be in possession of or obstruct the passage of young salmon. Section 23(2) lists offences for any person who injures or disturbs any spawning bed, bank or shallow where salmon spawn may be. Section 23(3) makes it an offence for any person to obstruct or impede salmon in their passage to any bed, bank or shallow during the annual close time. The maximum penalty for these offences on summary conviction is increased from a fine not exceeding level 3 on the standard scale (£1,000) to a maximum of £40,000.
	Section 33A (unauthorised introduction of fish into inland waters): this section makes it an offence for any person to intentionally introduce or possess and intend to introduce, live fish or live spawn of any fish into inland waters unless in relation to a fish farm or with written consent of the appropriate authority (Scottish Ministers or District Salmon Fishery Boards depending on the circumstances). The maximum penalty for these offences on summary conviction is increased from a fine not exceeding level 3 on the standard scale (£1,000) to a maximum of £40,000.
	Section 38 (salmon conservation regulations): subsection (7) makes it an offence to act in contravention of or fail to take any action required by regulations set by Scottish Ministers under section 38 of the 2003 Act. For example, anglers that contravene mandatory catch and release requirements for rivers in poor conservation status, as set by the annual Conservation of Salmon Regulations and anglers who contravene annual close times. The maximum penalty for these offences on summary conviction is a fine not exceeding level 4 on the standard scale (£2,500). The amendment raises the maximum penalty on summary conviction only where an offence under section 38(7), contravening or failing to act in accordance with regulations, results in salmon being taken, killed or otherwise harmed. The maximum penalty is increased to the statutory maximum (£10,000). The amendment also provides for fines to be imposed on a per-fish basis where more than one salmon is taken, killed or otherwise harmed. Where the offence does not result in a salmon being taken, killed or otherwise harmed, the maximum penalty remains a fine not exceeding level 4 on the standard scale (£2,500).
The Act Salmon and freshwater fishing Section 43 – Modification of offences and penalties related to fishing