The Eels (England and Wales) Regulations 2009

PART 2 Records and restocking

Eel catch returns

3.—(1) This regulation applies in relation to any person who, having been granted any licence or other authorisation to fish for eels with any instrument other than rod and line, is required to submit an eel catch return(1).

(2) A person completing an eel catch return must record—

(a) the total weight of eels caught of 12 centimetres or less in length;

(b) the total weight of those eels retained but dead;

(c) the total weight of those eels retained alive;

(d) the dates on which the eels were caught;

(e) the locations where the eels were caught;

(f) the destination of retained eels.

(3) Failure to comply with paragraph (2) is an offence.

Records

4.—(1) An aquaculture production business operator must keep a record, in such form and manner as the Agency may specify, of—

(a) any eels of 12 centimetres or less received at their aquaculture production business;

(b) the name and fishing licence identification number of the person who caught the eels;

(c) the destination of any such eels sold.

(2) The aquaculture production business operator must provide the Agency with a copy of the record at such intervals as the Agency may specify and must allow the Agency to inspect the record at any reasonable time.

(3) Failure to comply with paragraph (1) or (2) is an offence.

Imports

5.—(1) Any person who imports live eels into England or Wales must—

(a) record the name of the aquaculture production business (if any) from which the eels were obtained;

(b) where the eels were obtained directly from the person who caught them, record the name and fishing licence identification number of that person and the eel river basin in which the eels were caught; and

(c) prepare, sign and date a certificate to that effect.

(2) Failure to comply with paragraph (1) is an offence.

Exports

6.—(1) Any person who exports live eels from England or Wales must—

(a) record where and the date on which the eels were obtained, including the name of the aquaculture production business, the food business or the eel river basin in which the eels were caught (as the case may be) and, in the case of eels obtained from an eel river basin, the name and fishing licence identification number of the person who caught the eels;

(b) be satisfied that eels obtained from an eel river basin are caught in a manner consistent with the eel management plan prepared for that eel river basin; and

(c) prepare, sign and date a certificate to that effect.

(2) For the purposes of this regulation an eel management plan is a plan marked as such(2), dated October 2009 and deposited at the offices of the Secretary of State for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR.

(3) Failure to comply with paragraph (1) is an offence.

Duties on consignees

7.—(1) A person must not accept a consignment of eels unless it is accompanied by—

(a) a certificate prepared under regulation 5 or 6;

(b) where eels have been added to the consignment, a copy of the certificate accompanying the other consignment.

(2) The consignee must retain all certificates for 12 months from the date of the certificates and allow the Agency to inspect the certificates at any reasonable time.

(3) Failure to comply with paragraph (1) or (2) is an offence.

Restocking

8.—(1) The Agency may, by service of a notice, require an aquaculture production business operator to place on the market, for use in the restocking of eel river basins, eels of 12 centimetres or less held by the business.

(2) A notice must specify—

(a) the amount of eels to be offered for restocking in accordance with the formula—

Where—

• A is the amount of eels of 12 centimetres or less to be placed on the market for restocking;

• R is the amount of eels of 12 centimetres or less restocked so far by or under the direction of the Agency into eel river basins in the year the notice is issued;

• T is the amount of eels of 12 centimetres or less recorded in eel catch returns referred to in regulation 3 and submitted to the Agency in the year preceding the year in which the notice is issued;

• v is the amount of eels of 12 centimetres or less recorded so far under regulation 4 by the aquaculture production business in the year the notice is issued;

• V is the total amount of eels of 12 centimetres or less recorded so far under regulation 4 by all aquaculture production businesses in the year the notice is issued; and

• X_n is 0.35 when n is the year 2010, 0.40 when n is the year 2011, 0.50 when n is the year 2012 and 0.60 when n is the year 2013 or later;

(b) the period during which the eels are to be placed on the market.

(3) Any person who purchases eels placed on the market under paragraph (1) must make a declaration to the effect that the eels will be used for restocking in an eel river basin within 6 months from the date of the declaration.

(4) Failure to comply with a notice served under paragraph (1) or to make a declaration under paragraph (3) is an offence.

(5) A person who fails to restock in accordance with a declaration made under paragraph (3) commits an offence.

Interpretation

9.  In this Part—

“aquaculture production business” and “aquaculture production business operator” have the same meaning as in Council Directive 2006/88/EC(3) on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;

“eel river basin” is a river basin that has been identified as a natural habitat for eels in accordance with Article 2(1) of Council Regulation (EC) No 1100/2007(4) establishing measures for the recovery of the stock of European eel.

(1)

Eel catch returns are required by the National Fisheries Byelaws Phase 2 2001 made under the Water Resources Act 1991 (c.57).

(2)

Eel management plans, for illustrative purposes only, can be accessed on http://www.defra.gov.uk/foodfarm/fisheries/freshwater/fishman.htm#emp but the version deposited at the offices of the Secretary of State is the definitive version.

(3)

OJ No L 328, 24.11.2006, p14; corrected by OJ No L 140, 1.6.2007, p59, OJ No L 239, 12.9.2007, p70.

(4)

OJ No L 248, 22.9.2007, p17.