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COPFS

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

Freedom of information: Salmon & Freshwater Fisheries (Consolidation)(Scotland) Act 2003

Thank you for your e-mail of 19 November 2013 in which you made a request under the Freedom of Information (Scotland) Act 2002 (FOISA) for the following information:

"In the last ten years, how many successful prosecutions have there been for offences under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003:

1) Part 1- Offences related to fishing for salmon and freshwater fish/ 12 - "Contravention of protection order" and

2) Part 4, Section 50 "Powers of entry and obstruction of wardens etc." Any person who wilfully obstructs or refuses to allow— (a) and (b) ?

1) In the last ten years the Crown Office and Procurator Fiscal Service (COPFS) have received 4 reports regarding alleged offences in terms of section 12 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.

In 2008 two reports were received, one involving three accused and the other involving one individual. All of these individuals were issued with a warning letter.

In 2013 two reports have been received. One of these reports involved two accused, each charged with two charges in terms of section 12 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003. No proceedings were taken in this case as the fish that had been caught were Perches and were not, therefore, covered by a protection order under section 48. With regard to the second report received, proceedings are currently ongoing in the Justice of the Peace Court.

2) In the last ten years COPFS have received no reports regarding alleged offences in terms of section 50 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.