Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Part 7: Fisheries

Chapter 3: Migratory and Freshwater Fish
Supplementary
Section 228: Theft of fish from private fisheries etc

602.This section raises the penalty for committing the offence of taking or destroying fish under paragraph 2 of Schedule 1 to the Theft Act 1968 to £5,000. Previously, it was £200 for an offence committed during the day and £1,000 for an offence committed at night to £5,000. It also omits the requirement for the offence to have taken place during the hours between sunset and sunrise, removes the custodial element of the penalty, and removes the link to a previous conviction.