Part IV E+W Fishing Licences[F1 and authorisations ]

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

27 Unlicensed fishing. E+W

[F2 (1)]A person is guilty of an offence if, in any place in which fishing for fish of any description[F3 by any licensable means of fishing ] is regulated by a system of licensing, he—

[F4 (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”]

[F4 (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.]

[F5 (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.]

Textual Amendments

F2 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

F3 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

F4 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

F5 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 etc. (not altering text)

C1 S. 27 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 5

C2 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