Section 2 Roe, spawning and unclean fish, etc.

England and Wales

(1)

Subject to subsection (5) below, any person who, for the purpose of fishing for F1 salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters —

(a)

uses any fish roe; or

(b)

buys, sells, or exposes for sale, or has in his possession F2 any fish roe ,

shall be guilty of an offence.

(2)

Subject to subsections (3)F3 , (3A) and (5) below, any person who—

C1(a)

knowingly takes, kills or injures, or attempts to take, kill or injure, any F4 salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters which is unclean or immature; or

C2(b)

buys, sells, or exposes for sale, or has in his possession F5 any such fish which is unclean or immature, or any part of any such fish,

shall be guilty of an offence.

(3)

Subsection (2) above does not apply to any person who takes a fish accidentally and returns it to the water with the least possible injury.

F6(3A)

Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.

(4)

Subject to subsection (5) below, any person who, except in the exercise of a legal right to take materials from any waters, wilfully disturbs any spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence.

(5)

A person shall not be guilty of an offence under this section in respect of any act, if he does the act for the purpose of the artificial propagation of F7 fish of any description or for some scientific purpose or for the purpose of the preservation or development of a private fishery and has obtained the previous permission in writing of F8the appropriate agency.

F9(6)

In this section “ specified fish ” means fish of such description as may be specified for the purposes of this section by order under section 40A below.

(7)

Subsection (3A) of section 1 above applies for the purposes of this section.

Annotations

Textual amendments

F1: Words in s. 2(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(2)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F2: Words in s. 2(1)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(2)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F3: Word in s. 2(2) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F4: Words in s. 2(2)(a) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F5: Words in s. 2(2)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(3)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F6: S. 2(3A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F7: Words in s. 2(5) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(5), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10
F8: Words in s. 2(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 128 (with Sch. 7)
F9: S. 2(6)(7) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 216(6), 324(3); S.I. 2009/3345, art. 2, Sch. para. 10

Modifications

C1: S. 2(2)(a) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 1
C2: S. 2(2)(b) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(5), Sch. 4 Pt. II para. 26