Marine and Coastal Access Act 2009

216 Roe etc

(1) Section 2 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (roe, spawning and unclean fish, etc) is amended as follows.

(2) In subsection (1)—

(a) for “salmon, trout or freshwater fish” substitute “salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters”;

(b) in paragraph (b), for “any roe of salmon or trout” substitute “any fish roe”.

(3) In subsection (2)—

(a) after “subsections (3)” insert “, (3A)”;

(b) in paragraph (a), for “salmon, trout or freshwater fish” substitute “salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters”;

(c) in paragraph (b), for “any salmon, trout or freshwater fish” substitute “any such fish”.

(4) After subsection (3) insert—

“(3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.”

(5) In subsection (5), for “salmon, trout or freshwater fish” substitute “fish of any description”.

(6) After that subsection insert—

“(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.”