Marine and Coastal Access Act 2009

219 Authorisation to fish E+W

(1) In the Salmon and Freshwater Fisheries Act 1975 (c. 51), in the heading to Part 4, after “Fishing licences” insert “ and authorisations ”.

(2) After section 27 of that Act insert—

“27A Authorisation 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.

27B Unauthorised 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).”

(3) In Schedule 4 to that Act (offences), in the table in paragraph 1(2), at the end insert—

“Section 27B

Unauthorised fishing etc

(a) Summarily (b) On indictment

A fine not exceeding £50,000. A fine.”

Commencement Information

I1 S. 219 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13