Constitutional Law Citation, commencement and interpretation 1 1 This Order may be cited as the Tweed Regulation (Salmon Conservation) (No. 2) Order 2016 and comes into force on 1st April 2017. 2 In this Order— “fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption but does not include fish bred, reared or cultivated in captivity which have later been released to the wild; “grid reference” means Ordnance Survey National Grid reference ; and “salmon” means fish of the species Salmo salar (commonly known as salmon) or any part of such fish and excludes the migratory fish of the species Salmo trutta (commonly known as sea trout) or any part of such fish. Conservation status assessment 2 1 The Scottish Ministers must carry out, or arrange for the carrying out of, an assessment of the conservation status of salmon in— a the Tweed and all inland waters which drain, or drain to some extent, to the outflow point at grid reference NU 0100 5228 east of Berwick; and b all other inland waters within the Tweed district . 2 In making the assessment, or making arrangements for the assessment, in respect of the inland waters mentioned in paragraph (1)(a), the Scottish Ministers must have regard to the conservation objectives for the River Tweed special area of conservation . 3 For the purposes of this article— a “conservation status” means, in relation to salmon— i the stock levels of the salmon; and ii the condition of the salmon; b “salmon” does not include any salmon produced by fish farming; and c “special area of conservation” means an area designated as a special area of conservation within the meaning of ... the Conservation (Natural Habitats, &c.) Regulations 1994 . Prohibition on retaining salmon 3 1 No person may retain any salmon caught in any coastal waters in the Tweed district. 2 No person may retain any salmon caught in any inland waters in the Tweed district except for any salmon caught in the area described in article 2(1)(a). 3 This article does not apply where a salmon is retained— a for a purpose mentioned in article 48(1)(a) of the Scotland Act 1998 (River Tweed) Order 2006 (exemption from certain offences of acts done for scientific and other purposes: salmon) and permission to take the salmon has been granted in accordance with article 48(1)(b) of that Order; or b within, and in the course of the operation of, a fish farm. 4 For the purposes of this article— “coastal waters” means waters other than inland waters; and “retain” means failing to return the fish at once to the river or other water from which it came and with the least possible injury. Conservation plans 4 1 The Scottish Ministers may agree a conservation plan in respect of the Tweed district with the Commission . 2 For the purposes of this article— a “conservation plan” means a plan setting out the objectives, priorities and management measures with respect to— i the management of salmon fisheries in the Tweed district; and ii the conservation of salmon in that district; and b “salmon” does not include any salmon produced by fish farming. Revocation 5 The Tweed Regulation (Salmon Conservation) Order 2016 is revoked . R CUNNINGHAM A member of the Scottish Government St Andrew’s House, Edinburgh