Marine and Coastal Access Act 2009

220 Enforcement E+W

(1) Part 5 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (administration and enforcement) is amended as follows.

(2) In section 31 (powers of search), in subsection (1)—

(a) in paragraph (b), the words “in contravention of this Act” are omitted;

(b) in paragraph (c)(i), the words “which has been caught in contravention of this Act” are omitted;

(c) in paragraph (d) after “fish” insert “ (or a sample of any fish) ”;

(d) after paragraph (d) insert—

“(e) may disable or destroy any dam, fishing weir, fishing mill dam or fixed engine which he has reasonable cause to suspect of having operated or been used, or of being likely to be used, in contravention of this Act.”

(3) In section 32 (power to enter lands), subsection (1)(ii) and the preceding “or” are omitted.

(4) In section 33 (orders and warrants to enter suspected premises), in subsection (2), for the words from “seize” to the end substitute—

“(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.”

(5) In that section, in subsection (3), for “one week” substitute “ three months ”.

(6) In section 34 (power to apprehend persons fishing illegally etc)—

(a) in the heading, the words “at night” are omitted;

(b) the words from “between the end” to “following morning” are omitted.

(7) In section 35 (power to require production of fishing licences), in subsection (1)—

(a) for “being about to” substitute “ intending to ”;

(b) for “to have within the preceding half hour” substitute “ of having recently ”;

(c) after “in any area,” insert “ in circumstances where the fishing would require a licence or authorisation under this Act or a licence under section 16 of the Wildlife and Countryside Act 1981, ”.

(8) In that section, subsection (2) is omitted.

(9) In Schedule 4 (offences), in paragraph 1(2), in the fourth column of the table, in the entry relating to section 5(1), for “The prescribed sum” substitute “ £50,000 ”.

Commencement Information

I1 S. 220 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 12