Marine and Coastal Access Act 2009

Supplementary

228 Theft of fish from private fisheries etc

(1) In the Theft Act 1968 (c. 60), in Schedule 1 (offences of taking or destroying fish), paragraph 2 is amended as follows.

(2) For sub-paragraph (1) substitute—

“(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.”

(3) Sub-paragraph (2) is omitted.

(4) In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1) above”.

229 Handling fish

(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.”

230 Duties of the Environment Agency

(1) Section 6 of the Environment Act 1995 (c. 25) (general duties of the Agency) is amended as follows.

(2) In subsection (6), for the words from “salmon” to the end substitute “fisheries of—

(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 subsection by order under section 40A of the Salmon and Freshwater Fisheries Act 1975”.

(3) In subsection (8), at the end insert—

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

231 Tweed and Esk fisheries

(1) Section 111 of the Scotland Act 1998 (c. 46) (regulation of Tweed and Esk fisheries) is amended as follows.

(2) In subsection (1), for “salmon, trout, eels and freshwater fish” substitute “salmon, trout, eels, lampreys, smelt, shad and freshwater fish”.

(3) In subsection (4), in the definition of “conservation”, for “salmon, trout, eels and freshwater fish,” substitute “salmon, trout, eels, lampreys, smelt, shad and freshwater fish,”.

(4) In subsection (4), in the definition of “eels”, “freshwater fish”, “salmon” and “trout”—

(a) after ““eels”,” insert ““fish”,”;

(b) after ““salmon”” insert “, “smelt””;

(c) after “Salmon and Freshwater Fisheries Act 1975” insert “(as amended by the Marine and Coastal Access Act 2009)”.

(5) At the end insert—

“(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.”

232 Keeping, introduction and removal of fish

(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 the Environment 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 the Environment 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 the Environment 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 the Environment 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 the Environment 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 the Environment Agency to take such steps;

(iii) to pay to the Environment Agency a sum representing reasonable expenses of any such steps taken or to be taken by the 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 the 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—

• “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.

233 Consequential and supplementary amendments

(1) Schedule 16 (which contains consequential and supplementary amendments relating to this Chapter) has effect.

(2) The following provisions of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (which are obsolete or no longer of practical utility) are omitted—

(a) in section 4 (poisonous matter etc), subsection (2);

(b) section 23 (export of salmon and trout);

(c) section 24 (consignment of salmon and trout).