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  #1  
Old 05-12-2017, 04:40 PM
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Default Category 3 Killing a Salmon

Can anybody tell me what the penalty is if you are found guilty of killing a salmon in a Category 3 river in Scotland? I can find nothing on line as to what the penalty is.

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Old 05-12-2017, 04:53 PM
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Default Re: Category 3 Killing a Salmon

I am not sure, so I have sent an email to Marine Scotland.

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Old 05-12-2017, 05:06 PM
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Default Re: Category 3 Killing a Salmon

I doubt you will find anything. From what I understand it as at the discrection of the Scottish court to impose a fine but I was told it can be up to 1000 pounds and if found guilty you will have a criminal record too.
Some clever "legal eagle" will correct this if I'm wrong.
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Old 05-12-2017, 05:41 PM
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Default Re: Category 3 Killing a Salmon

This just in
Quote:
Thank you for contacting Marine Scotland. We will deal with your enquiry as quickly as possible
Jim
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Old 05-12-2017, 05:52 PM
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Default Re: Category 3 Killing a Salmon

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Originally Posted by 3lbgrayling View Post
This just in


Jim
Thanks Jim I really appreciate that. The reason I ask is that up here in Shetland there are a few that deliberately flaunt the law.

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Old 05-12-2017, 06:14 PM
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Default Re: Category 3 Killing a Salmon

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Originally Posted by 3lbgrayling View Post
This just in


Jim
Jim I wouldn't hold your breath.
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Old 05-12-2017, 06:38 PM
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Default Re: Category 3 Killing a Salmon

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Originally Posted by 3lbgrayling View Post
This just in

"Thank you for contacting Marine Scotland. We will deal with your enquiry as quickly as possible"

Jim

It should be unbelievable that they don't already have an answer on something that has been in place for well over a year, but sadly it isn't
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Old 05-12-2017, 07:27 PM
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Default Re: Category 3 Killing a Salmon

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It should be unbelievable that they don't already have an answer on something that has been in place for well over a year, but sadly it isn't
You are right there. They are good at creating laws that are unworkable. The police are far too under resourced to help overstretched water baliffs and angling clubs that just want to get on with enjoying their fishing.

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Old 06-12-2017, 06:08 AM
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Default Re: Category 3 Killing a Salmon

Quote:
Originally Posted by tingvollr View Post
Can anybody tell me what the penalty is if you are found guilty of killing a salmon in a Category 3 river in Scotland? I can find nothing on line as to what the penalty is.

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a special place in hell? Doomed to fish a lake full of carp surroinded by fellas in camo.....

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Old 06-12-2017, 09:05 PM
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Default Re: Category 3 Killing a Salmon

I think section 20 of the 2003 act could apply to Salmon taken from a cat 3 river.

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003


20Possessing salmon which have been illegally taken, killed or landed

(1)Any person who—
(a)is in possession of salmon and believes; or
(b)is in possession of salmon in circumstances in which it would be reasonable for that person to suspect,that a relevant offence has at any time been committed in relation to the salmon shall be guilty of an offence.
(2)A person found guilty of an offence under this section shall be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment; and
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both a fine and such imprisonment.
(3)It shall be a defence in proceedings for an offence under this section for the accused to show that no relevant offence had in fact been committed in relation to the salmon.
(4)A person who commits an offence under this section may be convicted on the evidence of one witness.
(5)For the purposes of this section an offence is a relevant offence in relation to a salmon if—
(a)it is committed by taking, killing or landing that salmon, either in Scotland or in England and Wales; or
(b)that salmon is taken, killed or landed, either in Scotland or in England and Wales in the course of the commission of the offence,and, for the purposes of this subsection, “offence”, in relation to the taking, killing or landing of salmon either in Scotland or in England and Wales means an offence under the law applicable to the place where the salmon is taken, killed or landed.
(6)A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.
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