Marine and Coastal Access Act 2009 (c. 23)

Part 7 E+W+S Fisheries

Chapter 3 E+W+S Migratory and freshwater fish

Taking fish etc E+W

223 Definitions relating to fish E+W

(1) In section 41 of the Salmon and Freshwater Fisheries Act 1975 (interpretation), subsection (1) is amended as follows.

(2) For the definition of “eels” substitute—

““eels” means any fish of the species Anguilla anguilla, and includes elvers and the fry of eels;”.

(3) After that definition insert—

• ““fish” includes crustaceans and molluscs;”.

(4) After the definition of “foreshore” insert—

““freshwater crayfish” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae;”.

(5) For the definition of “freshwater fish” substitute—

““freshwater fish” means any fish habitually living in fresh water, exclusive of—

(a) salmon, trout, eels, lampreys, smelt and any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;

(b) any kind of crustacean other than freshwater crayfish and Chinese mitten crabs (Eriocheir sinensis); and

(c) any kind of mollusc;”.

(6) After the definition of “screen” insert—

““smelt” means any fish of the species Osmerus eperlanus;”.

Commencement Information

I1 S. 223(1) in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 13

I2 S. 223(2)(6) in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 13