Marine and Coastal Access Act 2009

Salmon and Freshwater Fisheries Act 1975 (c. 51)

11 (1) Section 27 (unlicensed fishing) is amended as follows.

(2) The existing provision is renumbered as subsection (1).

(3) In that subsection, after “of any description” insert “by any licensable means of fishing”.

(4) In that subsection, for paragraphs (a) and (b) substitute—

“(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.”

(5) After that subsection insert—

“(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.”