1A

In this section “specified fish” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

1B

The appropriate national authority may by order amend subsection (1)(a) above so as to—

a

add any instrument to it; or

b

remove any instrument for the time being specified in it.

3A

References in this section to any waters include waters adjoining the coast of England and Wales to a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured.

3A

Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.

6

In this section “specified fish” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

7

Subsection (3A) of section 1 above applies for the purposes of this section.

1

The Agency shall by means of a system of licensing regulate fishing by licensable means of fishing for—

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 below.

1A

In this Act “licensable means of fishing” means any of the following—

a

rod and line;

b

an historic installation;

c

such other means of fishing as the appropriate national authority may by order specify.

1B

In this Act “historic installation” means any of the following—

a

a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine;

b

a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage;

c

a fishing weir or fishing mill dam which was lawfully in use on 6th August 1861 by virtue of a grant or charter or immemorial usage.

10

For the purposes of this Part, the Agency may permit a person to take fish of any description in circumstances where he would for those purposes otherwise require a fishing licence.

11

Permission under subsection (10) above—

a

must be in writing;

b

may be given generally or specifically;

c

may be given subject to conditions.

14AHistoric installations

1

Where a fishing licence is granted in respect of an historic installation, the Agency may at any time, subject to this paragraph, impose conditions on its use pursuant to the licence.

2

Conditions under sub-paragraph (1) above are to be imposed by notice in writing to the person holding the licence.

3

A notice under sub-paragraph (1) above may be varied or revoked by a further such notice.

4

The Agency may only impose conditions under sub-paragraph (1) above where it considers that it is necessary to do so for the protection of any fishery.

1A

The Agency may only make an order under subsection (1) above in relation to licences for fishing for fish of any description if it is satisfied that it is necessary to do so for the purposes of—

a

maintaining, improving or developing fisheries of any fish referred to in section 25(1) above; or

b

protecting the marine or aquatic environment from significant harm.

1B

The Agency may not make an order under subsection (1) above in relation to licences for fishing for fish by—

a

rod and line; or

b

an historic installation.

4

If it appears to the Agency that an order under this section would prevent a person from fishing in circumstances where that person is wholly dependent on the fishing for his livelihood, the Agency may pay that person such amount by way of compensation as it considers appropriate.

27AAuthorisation of fishing otherwise than by licensable means

1

The Agency may authorise a person to use any means, other than a licensable means of fishing, to fish for—

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 below.

2

An application for an authorisation under this section must be in such form as the Agency may specify.

3

An authorisation under this section must be in writing, but subject to that may be in such form as the Agency may determine.

4

An authorisation under this section—

a

must be granted for a specified period of time;

b

may be granted to more than one person;

c

may be limited as to the waters in respect of which it is granted;

d

may be subject to conditions.

5

The Agency may at any time, on application or on its own initiative—

a

amend an authorisation under this section;

b

revoke an authorisation under this section.

6

In determining whether to grant, amend or revoke an authorisation the Agency must consider the effect of doing so on—

a

fisheries in the area to which the authorisation relates; and

b

the aquatic or marine environment in that area.

7

An authorisation under this section granted to a body corporate—

a

may, if the authorisation so specifies, apply in relation to any individual acting on behalf of that body (as well as to the body corporate); or

b

may, if the authorisation so specifies, apply only in relation to individuals named in the authorisation when acting on behalf of the body (as well as to the body corporate).

8

The Agency may charge a fee for the grant of an authorisation under this section.

9

Where the Agency determines standard fees for the grant of authorisations of particular descriptions, it must publish them.

10

Where—

a

the Agency has determined a standard fee for the grant of an authorisation of a particular description, but

b

the Agency considers, in any case, that special circumstances apply to the grant of an authorisation of that description,

it may charge a fee of another amount.

27BUnauthorised fishing etc

1

A person is guilty of an offence if, by any means other than a licensable means of fishing, he fishes for or takes any fish in circumstances where—

a

the fishing or taking may be authorised under section 27A above, but

b

he is not authorised to fish for or take the fish under that section (or is so authorised but the fishing or taking is in breach of any condition of his authorisation).

2

A person is guilty of an offence if he has an instrument in his possession, other than an instrument which is a licensable means of fishing, with intent to use it to fish for or take fish in circumstances where—

a

the fishing or taking may be authorised under section 27A above, but

b

he is not authorised to fish for or take the fish under that section (or is so authorised but the fishing or taking would be in breach of any condition of an authorisation under that section).

Section 27B

Unauthorised fishing etc

a Summarily b On indictment

A fine not exceeding £50,000. A fine.

a

seize any illegal net or other instrument, or any net or other instrument suspected to have been illegally used, that may be found on the premises;

b

seize any fish suspected to have been illegally taken or sold that may be found on the premises; or

c

disable or destroy any dam, fishing weir, fishing mill dam or fixed engine suspected to have operated or been used illegally that may be found on the premises.

40APower to specify fish

The appropriate national authority may by order specify fish of any description for the purposes of any or all of the following—

a

section 1, 2, 25 or 27A above;

b

section 32 of the Salmon Act 1986;

c

paragraph 6 of Schedule 25 to the Water Resources Act 1991;

d

section 6(6) of the Environment Act 1995.

“the appropriate national authority” means—

a

the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006);

b

in relation to Wales (within that meaning), the Welsh Ministers;

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

• “fish” includes crustaceans and molluscs;

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

“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;

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

1A

This paragraph applies to—

a

salmon, trout, eels, lampreys, smelt, shad and freshwater fish; and

b

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

aa

specifying close seasons or times for the taking of any fish to which this paragraph applies by such means as may be prescribed by the byelaws;

5A

A byelaw under this paragraph does not apply to a person (including an employee or agent of the Agency) to the extent that he is acting—

a

with the written authority of the Agency; and

b

in accordance with any conditions imposed by the Agency in relation to that authority.

5B

For the avoidance of doubt, a byelaw under this paragraph may apply to an historic installation as to any other fixed engine.

3

Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.

Schedule 27Emergency fisheries byelaws

Section 210(3)

Emergency fisheries byelaws

1

1

In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.

2

The circumstances are that—

a

the Agency considers that, because of any event or likely event, harm is occurring or is likely to occur to—

i

any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or

ii

the marine or coastal, or aquatic or waterside, environment,

b

the Agency considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so,

c

the Agency considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and

d

the event or the likelihood of the event could not reasonably have been foreseen.

3

Schedule 26 to this Act (procedure relating to byelaws made by the Agency) does not apply in relation to an emergency fisheries byelaw.

4

In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to—

a

harm to the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or to any features of archaeological or historic interest in such areas, or

b

harm to flora or fauna which are dependent on or associated with the marine or coastal, or aquatic or waterside, environment.

Commencement

2

An emergency fisheries byelaw comes into force—

a

on the date specified in the byelaw, or

b

if no date is so specified, on the day after that on which it is made.

Notification of the appropriate national authority

3

The Agency must, within 24 hours of making an emergency fisheries byelaw—

a

send a copy of the byelaw to the appropriate national authority, and

b

explain to the appropriate national authority why the byelaw is being made as an emergency fisheries byelaw.

Publication

4

The Agency must publish notice of the making of an emergency fisheries byelaw (including a copy of the byelaw)—

a

in the London Gazette;

b

where the byelaw has effect in Wales, in the Welsh language in such manner as the Agency thinks appropriate;

c

in such other manner as it thinks appropriate for the purpose of bringing the byelaw to the attention of persons likely to be affected by it.

Amendment and revocation

5

1

If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw would better serve to prevent or limit the harm referred to in paragraph 1(2)(a) above if it were amended, the authority must amend it accordingly.

2

If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw is no longer needed in order to prevent or limit the harm referred to in paragraph 1(2)(a) above, the authority must revoke it.

3

The Agency must publish notice of an amendment or revocation under this paragraph as specified in paragraph 4(a) to (c) above.

Expiry and extension

6

1

Subject to paragraph 7 below, an emergency fisheries byelaw expires (unless earlier revoked)—

a

in accordance with provision made by the byelaw, or

b

if the byelaw does not contain provision for its expiry, at the end of the period of twelve months beginning with the day on which it comes into force.

2

A byelaw may not under sub-paragraph (1)(a) above remain in force for longer than the period of twelve months beginning with the day on which it comes into force.

7

1

The Agency may, at any time before an emergency fisheries byelaw expires, apply to the appropriate national authority for it to be extended.

2

On such an application, the appropriate national authority may extend the byelaw at any time before its expiry, provided the authority is satisfied that—

a

the byelaw is still needed to prevent or limit the harm referred to in paragraph 1(2)(a) above, and

b

the need for the extension could not reasonably have been avoided by the Agency.

3

A byelaw may be extended under sub-paragraph (2) above for such period not exceeding six months as the appropriate national authority may specify.

4

A byelaw may not be extended under sub-paragraph (2) above on more than one occasion.

Availability

8

1

Every emergency fisheries byelaw shall be printed and deposited at one or more of the offices of the Agency, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.

2

Every person shall be entitled, on application to the Agency and on payment of such reasonable sum as the Agency may determine, to be furnished with a copy of any emergency fisheries byelaw so deposited by the Agency.

Proof

9

The production of a printed copy of an emergency fisheries byelaw purporting to be made by the Agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

a

that the byelaw was made by the Agency, and

b

that the copy is a true copy of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

“Appropriate national authority”

10

In this Schedule “appropriate national authority” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.

1

A person who unlawfully takes or destroys, or attempts to take or destroy, any fish in water which is private property or in which there is any private right of fishery shall on summary conviction be liable to a fine not exceeding level 5 on the standard scale.

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.

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.

“salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975

6

An Order under subsection (1) may amend that subsection so as to—

a

add any description of fish to it, or

b

remove any description of fish from it.