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Section 27 Unlicensed fishing.C2C1

England and Wales

F1(1)

A person is guilty of an offence if, in any place in which fishing for fish of any descriptionF2 by any licensable means of fishing is regulated by a system of licensing, he—

F3(a)

fishes for or takes fish of that description by that means and—

“(i)

is not entitled to use that means for that purpose by virtue of a fishing licence, or

(ii)

is acting in breach of any condition of such a licence, or”

(b)

where that licensable means of fishing is an instrument, has that instrument in his possession with intent to use it for that purpose and is not entitled to use it for that purpose by virtue of a fishing licence.

F4(2)

Subsection (1) above does not apply to a person where—

(a)

he has permission under section 25(10) above to take fish of that description in that place by that means, and

(b)

he is not acting in breach of any condition of that permission.

Annotations

Textual amendments

F1

S. 27(1): s. 27 renumbered as s. 27(1) (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 11(2); S.I. 2010/298, art. 2, Sch. para. 13

F2

Words in s. 27(1) inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 11(3); S.I. 2010/298, art. 2, Sch. para. 13

F3

S. 27(1)(a)(b) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 11(4); S.I. 2010/298, art. 2, Sch. para. 13

F4

S. 27(2) inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 11(5); S.I. 2010/298, art. 2, Sch. para. 13

Modifications

C1

S. 27 excluded (30.6.1999) by S.I. 1999/1746, arts. 1(1), 6(3) (with art. 2); S.I. 1998/3178, art. 3

C2

S. 27 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 5

Notes on Part IV

Textual amendments

F1

Words in Pt. IV heading inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 219(1), 324(3); S.I. 2010/298, art. 2, Sch. para. 13