Section 27A Authorisation of fishing otherwise than by licensable meansF1

England and Wales

(1)

The F2appropriate agency may authorise a person to use any means, other than a licensable means of fishing, to fish for—

(a)

salmon, trout, eels, lampreys, smelt and freshwater fish; and

(b)

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

(2)

An application for an authorisation under this section must be in such form as the appropriate agency may specify.

(3)

An authorisation under this section must be in writing, but subject to that may be in such form as the appropriate agency may determine.

(4)

An authorisation under this section—

(a)

must be granted for a specified period of time;

(b)

may be granted to more than one person;

(c)

may be limited as to the waters in respect of which it is granted;

(d)

may be subject to conditions.

(5)

The appropriate agency may at any time, on application or on its own initiative—

(a)

amend an authorisation under this section;

(b)

revoke an authorisation under this section.

(6)

In determining whether to grant, amend or revoke an authorisation the appropriate agency must consider the effect of doing so on—

(a)

fisheries in the area to which the authorisation relates; and

(b)

the aquatic or marine environment in that area.

(7)

An authorisation under this section granted to a body corporate—

(a)

may, if the authorisation so specifies, apply in relation to any individual acting on behalf of that body (as well as to the body corporate); or

(b)

may, if the authorisation so specifies, apply only in relation to individuals named in the authorisation when acting on behalf of the body (as well as to the body corporate).

(8)

The appropriate agency may charge a fee for the grant of an authorisation under this section.

(9)

Where the appropriate agency determines standard fees for the grant of authorisations of particular descriptions, it must publish them.

(10)

Where—

(a)

the appropriate agency has determined a standard fee for the grant of an authorisation of a particular description, but

(b)

the appropriate agency considers, in any case, that special circumstances apply to the grant of an authorisation of that description,

it may charge a fee of another amount.

Annotations

Textual amendments

F1: S. 27A - S. 27B inserted (1.1.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 219(2), 324(3); S.I. 2010/298, art. 2, Sch. para. 13
F2: Words in s. 27A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 141 (with Sch. 7)

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