Marine and Coastal Access Act 2009 (c. 23)

Part 7 E+W+S Fisheries

Chapter 3 E+W+S Migratory and freshwater fish

Supplementary E+W+S

232 Keeping, introduction and removal of fish E+W+S

(1) The appropriate national authority may by regulations make provision for the purpose of prohibiting persons, in such cases as may be specified in the regulations, from carrying on any of the activities specified in subsection (2) otherwise than under and in accordance with a permit issued by [F1 the appropriate agency].

(2) The activities referred to in subsection (1) are—

(a) keeping any fish in the area to which this section applies;

(b) introducing any fish into any inland waters in that area;

(c) removing any fish from any inland waters in that area.

(3) The area to which this section applies is the area consisting of—

(a) England,

(b) Wales, and

(c) so much of the catchment area of the River Esk as is in Scotland.

(4) The references in subsection (2)(b) and (c) to inland waters do not include the River Tweed.

(5) Regulations made under this section may in particular—

(a) make provision as to the descriptions of permits to be issued;

(b) specify the manner and form of an application for a permit from [F2 the appropriate agency] to carry out any activity specified in subsection (2) and the sum, or maximum sum, to be paid on the making of such an application;

(c) specify the circumstances in which such an application is to be granted or refused and any considerations which [F2 the appropriate agency] may or must take into account when determining whether or not to issue such a permit;

(d) specify the conditions that may be incorporated into such a permit;

(e) make provision for the amendment, suspension or revocation of such a permit;

(f) make provision authorising [F2 the appropriate agency] to exempt persons from any requirement under the regulations to obtain such a permit;

(g) make provision as to the effect of a prohibition under regulations made under this section on fishing pursuant to any licence, authorisation, permission, or right to fish;

(h) make provision enabling [F2 the appropriate agency] to require a person in breach of any requirement under regulations made under this section, or in breach of any condition of a permit under such regulations—

(i) to take steps to ensure that the position is, so far as possible, restored to what it would have been had there been no such breach;

(ii) to allow [F2 the appropriate agency] to take such steps;

(iii) to pay to [F2 the appropriate agency] a sum representing reasonable expenses of any such steps taken or to be taken by [F3 the appropriate agency];

(i) make provision creating criminal offences for the purpose of securing compliance with regulations made under this section or of any requirements under paragraph (h);

(j) make other provision for the enforcement of requirements under the regulations, including provision conferring the following powers on [F4 the appropriate agency]—

(i) powers of entry;

(ii) powers of search and seizure;

(iii) powers to destroy or release any fish seized.

(6) Provision under subsection (5)(a) may specify that a permit may be issued—

(a) in respect of one or more of the activities specified in subsection (2);

(b) in relation to the carrying on of any one or more of those activities on one occasion or more than one occasion;

(c) for periods of limited or unlimited duration.

(7) Provision under subsection (5)(i) must provide that where a person is guilty of an offence created under that subsection, the person is liable—

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to a fine.

(8) In this section—

• [F5 “appropriate agency” means—

  (a)

  the Environment Agency, otherwise than in relation to Wales, and

  (b)

  the Natural Resources Body for Wales, in relation to Wales;]

• “appropriate national authority” means—

  (a)

  the Secretary of State, otherwise than in relation to Wales;

  (b)

  the Welsh Ministers, in relation to Wales;

• references to “fish” include the spawn of fish;

• “inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57);

• “River Tweed” means “the river” within the meaning of the Tweed Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.

Textual Amendments

F1 Words in s. 232(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 447(2) (with Sch. 7)

F2 Words in s. 232(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 447(3)(a) (with Sch. 7)

F3 Words in s. 232(5)(h)(iii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 447(3)(b) (with Sch. 7)

F4 Words in s. 232(5)(j) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 447(3)(b) (with Sch. 7)

F5 Words in s. 232(8) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 447(4) (with Sch. 7)

Commencement Information

I1 S. 232 partly in force; s. 232 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2 S. 232 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 14