Salmon and Freshwater Fisheries Act 1975
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Change 1
2 Roe, spawning and unclean fish, etc.
(1) Subject to subsection (5) below, any person who, for the purpose of fishing for salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters — (a) uses any fish roe; or (b) buys, sells, or exposes for sale, or has in his possession any fish roe , shall be guilty of an offence. (2) Subject to subsections (3) , (3A) and (5) below, any person who— (a) knowingly takes, kills or injures, or attempts to take, kill or injure, any salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters which is unclean or immature; or (b) buys, sells, or exposes for sale, or has in his possession any such fish which is unclean or immature, or any part of any such fish, shall be guilty of an offence. (3) Subsection (2) above does not apply to any person who takes a fish accidentally and returns it to the water with the least possible injury. (3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws. (4) Subject to subsection (5) below, any person who, except in the exercise of a legal right to take materials from any waters, wilfully disturbs any spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence. (5) A person shall not be guilty of an offence under this section in respect of any act, if he does the act for the purpose of the artificial propagation of fish of any description or for some scientific purpose or for the purpose of the preservation or development of a private fishery and has obtained the previous permission in writing of the appropriate agency. (6) In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below. (7) Subsection (3A) of section 1 above applies for the purposes of this section.
2 Roe, spawning and unclean fish, etc.
(1) Subject to subsection (5) below, any person who, for the purpose of fishing for salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters — (a) uses any fish roe; or (b) buys, sells, or exposes for sale, or has in his possession any fish roe , shall be guilty of an offence. (2) Subject to subsections (3) , (3A) and (5) below, any person who— (a) knowingly takes, kills or injures, or attempts to take, kill or injure, any salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters which is unclean or immature; or (b) buys, sells, or exposes for sale, or has in his possession any such fish which is unclean or immature, or any part of any such fish, shall be guilty of an offence. (3) Subsection (2) above does not apply to any person who takes a fish accidentally and returns it to the water with the least possible injury. (3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws. (4) Subject to subsection (5) below, any person who, except in the exercise of a legal right to take materials from any waters, wilfully disturbs any spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence. (5) A person shall not be guilty of an offence under this section in respect of any act, if he does the act for the purpose of the artificial propagation of fish of any description or for some scientific purpose or for the purpose of the preservation or development of a private fishery and has obtained the previous permission in writing of the appropriate agency. (6) In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below. (7) Subsection (3A) of section 1 above applies for the purposes of this section.
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