The crackdown comes following an amendment, prompted by South of Scotland SNP MSP Emma Harper, to the Natural Environment (Scotland) Bill.
The new regime of tougher sanctions has been justified on the grounds of protecting dwindling numbers of wild Atlantic salmon and sea trout.
The amendment significantly strengthens the available penalties for the worst offences, including the use of illegal gill nets, explosives, poisons, and electric fishing devices. It was also thought that the current rate of fines – an average of £349 – did not provide not a sufficient deterrent.
It means that for the first time, the law allows for each poached fish to be counted as a separate offence and also targets those in possession of illegally caught salmon (such as restaurant owners or amateur cooks), with fines for possession reaching up to £40,000.
Reacting to her amendment receiving support from fellow MSPs, Emma Harper MSP said: “Over many decades governments and enforcement authorities have worked constructively with the fisheries management sector to strike the right balance between conservation, biodiversity, and the needs of fisheries and those who use them.
“As a result we have a world-class angling sector, with huge economic benefits to rural Scotland – but poaching puts all this at risk.
“So I am delighted that my amendment to the Natural Environment (Scotland) Bill passed, which includes increasing the sanctions available to the authorities to tackle illegal fishing and poaching.
Dr Alan Wells, CEO of Fisheries Management Scotland (FMS) commented: “We are delighted that the Scottish Parliament supported an amendment to increase the available penalties for fish poaching offences.
“Fish poaching is a significant wildlife crime. Through the dedicated work of Scotland’s water bailiffs, we have one of the highest conviction rates of all wildlife crimes, but the very low penalties currently issued do not reflect the environmental damage caused.
“We believe that these changes send a strong message that Scotland cares deeply about our wild salmon and sea trout, and we hope that future fines act as a real deterrent against these wildlife crimes.”
He added: “I would like to thank everyone who has contributed to helping to make this change happen and in particular, Emma Harper MSP for lodging and supporting this amendment and Mairi Gougeon, Cabinet Secretary for Rural Affairs, Land Reform and Islands for working with Emma Harper to bring forward Stage 3 amendments.
“These changes deliver a key action in Scotland’s Wild Salmon Strategy Implementation Plan, which in turn, was informed by expert input from the FMS Enforcement Committee and the wider network of water bailiffs.”
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