The Eels (England and Wales) Regulations 2009

UK Statutory Instrument 2009 No. 3344 — creates 9 criminal offences.

9offences created

0recorded in force

0revoked

Made: 14 December 2009
In force from: 15 January 2010
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972

Explanatory note

(This note is not part of these Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Council Regulation (EC) No 1100/2007 (OJ No L 248, 22.9.2007, p17) establishing measures for the recovery of the stock of European eel. Part 2 of the Regulations requires holders of licences to fish for eels other than by rod and line to submit eel catch returns to record information relating to eels caught of 12 centimetres or less in length (regulation 3). Aquaculture production business operators are also required to keep records of eels of less than 12 centimetres received (regulation 4) and to offer such eels for sale for use in restocking eel river basins (regulation 8). Consignments of live eels imported into, or exported from, England or Wales must be accompanied by a certificate identifying the origin of the eels and (where relevant) that eels for export were caught in a manner consistent with the relevant eel management plan (regulations 5 to 7). Part 3 imposes close seasons on fishing for eels other than by rod and line during 2010 and 2011 (regulation 10). After that close seasons will be imposed by byelaws made under the Water Resources Act 1991. Part 3 also allows the Environment Agency to revoke a licence to fish for eels other than by rod and line if it is necessary to do so in order to reduce fishing effort to meet levels specified in Council Regulation (EC) No 1100/2007 (regulation 11). Part 4 makes provision for the passage of eels through dams and other obstructions (regulations 12 to 16). It also requires the placement of screens that will protect eels over some intakes and outlets (regulations 17 to 19). Part 5 makes provision for notices and appeals. Part 6 gives enforcement powers to inspectors. An impact assessment has been prepared and placed in the libraries of both Houses of Parliament. It is available on the Defra website at www.defra.gov.uk. A copy can also be obtained from the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

Offences created by this instrument

Close season regulation 10(1) · Status not determined · Strict liability
Eel passes regulation 14(5) · Status not determined · Strict liability
Eel screens regulation 17(6) · Status not determined · Strict liability
Obstruction regulation 27 · Status not determined · Requires proof of a state of mind
Eel catch returns regulation 3(3) · Status not determined · Strict liability
Records regulation 4(3) · Status not determined · Strict liability
Imports regulation 5(2) · Status not determined · Strict liability
Restocking regulation 8(4) · Status not determined · Strict liability
Restocking regulation 8(5) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

High Speed Rail (London - West Midlands) Bill (Second sitting) Commons · Public Bill Committees · 1 March 2016 · Mr Goodwill
We move from electricity to water—I think it is only fire that we have not covered. Clause 32 introduces schedule 21, which provides for the disapplication of certain legislation relating to water abstraction and impounding and other matters related to water and drainage. Similar provisions were included in the Crossrail Act 2008. The clause disapplies various sections of the following Acts: the Water Resources Act 1991, the Flood and Water Management Act 2010, the Water Industry Act 1991 and part 4 of the Eels (England and Wales) Regulations 2009. Land drainage, flood defence and water…
Draft Fisheries (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 29 January 2019 · Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Robertson. The Minister says that the purpose of this SI is to preserve and protect the existing EU policy regime, rather than to introduce new policies. He has stood up and told us that there is nothing to worry about—his colleague, the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Suffolk Coastal (Dr Coffey), did the same yesterday in a similar Delegated Legislation Committee—because all they are doing is transposing EU law into UK law, replacing “Europe” with “UK” and “EU Commissioner” with…
Draft Fisheries (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 29 January 2019 · The Minister for Agriculture, Fisheries and Food (George Eustice)
I beg to move, That the Committee has considered the draft Fisheries (Amendment) (EU Exit) Regulations 2019. I am pleased to open this debate on an important set of regulations, and I am grateful to hon. Members for being here when, obviously, another debate is taking place in the main Chamber. The regulations give effect to, and enable enforcement of, certain common fisheries policy and marine management measures, as part of the legislation needed for exiting the European Union. The regulations are one piece of a jigsaw that will ensure we have a functioning legislative framework when we…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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