The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

UK Statutory Instrument 2015 No. 10 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 7 January 2015
In force from: 19 January 2015
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Marine and Coastal Access Act 2009

Explanatory note

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

These Regulations control the keeping and introduction of fish in inland waters. They provide that it is an offence to introduce any fish into inland waters, to keep certain types of fish (the fish that belong to a taxonomic order specified in Part 1 of the Schedule but are not of a species specified in Part 2 of the Schedule) in inland waters, or to keep of any kind of fish in protected areas where those fish would otherwise be absent, other than in accordance with a permit granted under these Regulations by the Environment Agency (regulations 4 and 5). The Environment Agency may attach conditions to permits to introduce fish or to keep fish and a list of purposes for which, or matters in relation to which, conditions may in particular be imposed is contained in regulation 6(4). The Regulations apply in relation to England, and in relation to so much of the catchment area of the River Esk as is in Scotland. Regulation 3 excludes aquaculture production businesses from the scope of these regulations, including the transportation of fish between premises of one or more aquaculture production businesses. However, it does not exclude aquaculture production businesses from the requirement to have a permit to keep (otherwise than on the premises) fish or to introduce fish into inland waters. Regulation 7 specifies the circumstances in which the Environment Agency may revoke, suspend or vary a permit. Regulation 8 enables the Environment Agency to serve a notice on any person who is the owner or occupier of inland waters requiring that person to remove and dispose of fish, if the fish have been introduced into the water or kept in contravention of the Regulations. Paragraph (3) sets out the circumstances in which the Environment Agency may remove and dispose of fish without serving notice under paragraph (1). Paragraph (5) makes it a criminal offence not to comply with a notice under paragraph (1) without reasonable excuse. Regulation 9 makes provision for the time at which a notice under regulation 7 or 8 takes effect. Regulation 10 makes provision in relation to appeals by an applicant for a permit, or the holder of a permit or an owner or occupier of inland waters, who is the recipient of a notice under regulation 7 or 8. Regulation 11 confers powers of entry on an authorised officer of the Environment Agency for the purposes of enforcing the Regulations. Regulation 12 sets out additional powers of an authorised officer, including the power to stop and detain any vehicle, and the power to carry out any search. Regulation 13 provides for certain offences relating to obstruction of a person acting in the execution of the Regulations. Regulation 14 states that a person who is guilty of an offence under the Regulations is liable, on summary conviction, to a fine not exceeding £50,000, or on conviction on indictment to a fine which is unlimited. However, if section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is in force on the day on which these Regulations are made, a fine imposed on summary conviction by a court in England will not be limited to £50,000. Regulation 15 makes provision for offences by bodies corporate. The effect of paragraph (1) is that, in certain circumstances, a director or other similar person of a body corporate may be personally liable for an offence as well as the body corporate. Paragraph (2) makes provision for the recovery of fines imposed on a body corporate by a court in Scotland. Regulation 16 makes provision for offences committed (or alleged to have been committed) by partnerships, including Scottish partnerships, and unincorporated associations. Regulation 17 provides that an existing licence in force under section 1 of the Import of Live Fish (England and Wales) Act 1980 is to be taken to be a permit under the Regulations. Regulation 18 makes amendments to the Salmon and Freshwater Fisheries Act 1975, which are consequential upon these Regulations. Paragraph (1) reduces the scope of section 30 of that Act by limiting it to Wales, and paragraph (2) makes clear that section 39(1)(b) of the Act, which deals (among other things) with the application of the Act to the River Esk, does not apply to section 30. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the Defra website at www.gov.uk and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

Obstruction regulation 13 · Status not determined · Requires proof of a state of mind
Introduction of fish regulation 4 · Status not determined · Strict liability
Keeping fish regulation 5(1) · Status not determined · Strict liability
Notice to remove and dispose of fish 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.

Delegated Legislation Commons · Commons Chamber · 3 December 2014 · Madam Deputy Speaker (Dame Dawn Primarolo)
With the leave of the House, we shall take motions 5 to 12 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Legal Services That the draft Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014, which was laid before this House on 20 October, be approved. Constitutional Law That the draft Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014, which was laid before this House on 27…
Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 Lords · Grand Committee · 9 December 2014 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley) (Con)
My Lords, in introducing these regulations I disclose an interest as owner of a stretch of a tributary of the River Thames and an interest in a lake used—among other things—for fishing. Diseases and parasites of fish in the wild can, of course, adversely impact fish stocks. Non-native invasive fish species also pose a significant threat to native species through predation and competition as well as being potential carriers of diseases and pests, with additional potential impacts on the biodiversity of habitats. These present risks to the environment and to commercial and recreational fishery…
Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 Lords · Grand Committee · 9 December 2014 · Lord De Mauley
That the Grand Committee do consider the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015. Relevant document: 13th Report from the Joint Committee on Statutory Instruments
Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 Lords · Grand Committee · 9 December 2014
Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 Lords · Lords Chamber · 15 December 2014

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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This instrument on legislation.gov.uk The authoritative text, including amendments made since
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