OpenLegislation

Regulation 5 Keeping fishI1

England and Wales

(1)

A person who keeps in inland waters, otherwise than under and in accordance with a permit granted under regulation 6, any fish of a kind to which this regulation applies commits an offence.

(2)

This regulation applies to any fish which belongs to a taxonomic order specified in Part 1 of the Schedule and is not of a species specified in Part 2 of the Schedule.

(3)

In relation to a protected area, this regulation also applies to fish of any species which would otherwise be absent from that area.

(4)

In paragraph (3) a “protected area” (“ardal warchodedig”) is—

(i)

a site of special scientific interest, as defined by section 52(1) of the Wildlife and Countryside Act 1981f1;

(ii)

a European site or European marine site as defined by regulation 8 of F1the Conservation of Habitats and Species Regulations 2017;

(iii)

a wetland designated under paragraph 1 of article 2 of the Ramsar Convention, as defined by section 37A(4) and (5) of the Wildlife and Countryside Act 1981f2.

Annotations

Textual amendments

F1

Words in reg. 5(4)(ii) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 43(a)

Commencement

I1

Reg. 5 in force at 20.1.2015, see reg. 1(2)

Footnotes

f1

1981 c.69. Relevant amendments to section 52(1) were made by section 75(1) of, and paragraphs 5(1) and, (2) of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37).

f2

Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c.37).