Marine and Coastal Access Act 2009

229 Handling fish E+W

(1) Section 32 of the Salmon Act 1986 (c. 62) (handling salmon in suspicious circumstances) is amended as follows.

(2) In the heading, for “salmon” substitute “ fish ”.

(3) In subsection (1)—

(a) for “any salmon” substitute “ any fish to which this section applies ”;

(b) for “the salmon” substitute “ that fish ”;

(c) the words “by or for the benefit of another person” are omitted.

(4) After that subsection insert—

“(1A) This section applies to—

(a) salmon, trout, eels, lampreys, smelt and freshwater fish; and

(b) fish of such other description as may be specified for the purposes of this section by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.”

(5) In subsection (2)—

(a) for “a salmon” substitute “ a fish to which this section applies ”;

(b) in paragraph (a)—

(i) after “or landing” insert “ , or selling, ”;

(ii) for “that salmon” substitute “ that fish ”;

(c) in paragraph (b)—

(i) for “that salmon” substitute “ that fish ”;

(ii) after “or landed,” insert “ or sold, ”.

(6) In subsection (3), for “salmon” substitute “ fish ”.

(7) In subsection (4), for “salmon” substitute “ fish to which this section applies ”.

(8) In subsection (5)—

(a) in paragraph (a), for the words from “to imprisonment” to the end substitute “ to a fine not exceeding the statutory maximum ”;

(b) in paragraph (b), for the words from “to imprisonment” to the end substitute “ to a fine ”.

(9) In subsection (7)—

(a) after “or landing” insert “ , or selling, ”

(b) for “a salmon” substitute “ a fish to which this section applies ”;

(c) for “the salmon” substitute “ the fish ”;

(d) at the end insert “ or sold ”.

(10) At the end insert—

“(8) In this section “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975.”

Commencement Information

I1 S. 229 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 14