The Eels (England and Wales) Regulations 2009

Restocking

8.—(1) The Agency may, by service of a notice, require an aquaculture production business operator to place on the market, for use in the restocking of eel river basins, eels of 12 centimetres or less held by the business.

(2) A notice must specify—

(a) the amount of eels to be offered for restocking in accordance with the formula—

Where—

• A is the amount of eels of 12 centimetres or less to be placed on the market for restocking;

• R is the amount of eels of 12 centimetres or less restocked so far by or under the direction of the Agency into eel river basins in the year the notice is issued;

• T is the amount of eels of 12 centimetres or less recorded in eel catch returns referred to in regulation 3 and submitted to the Agency in the year preceding the year in which the notice is issued;

• v is the amount of eels of 12 centimetres or less recorded so far under regulation 4 by the aquaculture production business in the year the notice is issued;

• V is the total amount of eels of 12 centimetres or less recorded so far under regulation 4 by all aquaculture production businesses in the year the notice is issued; and

• X_n is 0.35 when n is the year 2010, 0.40 when n is the year 2011, 0.50 when n is the year 2012 and 0.60 when n is the year 2013 or later;

(b) the period during which the eels are to be placed on the market.

(3) Any person who purchases eels placed on the market under paragraph (1) must make a declaration to the effect that the eels will be used for restocking in an eel river basin within 6 months from the date of the declaration.

(4) Failure to comply with a notice served under paragraph (1) or to make a declaration under paragraph (3) is an offence.

(5) A person who fails to restock in accordance with a declaration made under paragraph (3) commits an offence.