The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

PART 2 OFFENCES RELATING TO THE INTRODUCTION AND KEEPING OF FISH

Introduction of fish

4.  A person who, otherwise than under and in accordance with the terms of a permit granted under regulation 6 held by that person—

(a) introduces fish into inland waters,

(b) has in his possession fish for the purposes of their introduction into inland waters, or

(c) causes or allows any other person to introduce fish into inland waters

commits an offence.

Keeping fish

5.—(1) A person who keeps in inland waters, otherwise than under and in accordance with the terms of a permit granted under regulation 6, any fish of a kind to which this regulation applies commits an offence.

(2) This regulation applies to any fish which belongs to a taxonomic order specified in Part 1 of the Schedule and is not of a species specified in Part 2 of the Schedule.

(3) In relation to a protected area, this regulation also applies to fish of any species which would otherwise be absent from that area.

(4) In paragraph (3) a “protected area” is—

(a) a site of special scientific interest, as defined by section 52(1) of the Wildlife and Countryside Act 1981(1);

(b) a European site or European marine site as defined by regulation 8 of the Conservation of Habitats and Species Regulations 2010(2);

(c) a wetland designated under paragraph 1 of article 2 of the Ramsar Convention, as defined by section 37A(4) and (5) of the Wildlife and Countryside Act 1981(3).

(1)

1981 c. 69. Relevant amendments to section 52(1) were made by section 75(1) of, and paragraph 5(1) and (2) of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37).

(2)

S.I. 2010/490. Regulation 8 was amended by S.I. 2012/1927.

(3)

Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c. 37).