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

Notice to remove and dispose of fish

8.—(1) If fish are introduced into inland waters or kept in contravention of these Regulations, the Agency may serve a notice on the holder of a permit or, if there is none, the owner or occupier of those waters requiring the holder of the permit or the owner or occupier (as the case may be)—

(a) to remove and dispose of fish—

(i) in a manner specified in the notice, and

(ii) at the expense of the holder of the permit or the owner or occupier; and

(b) to take steps to ensure that the position is, as far as possible, restored to what it would have been had the Regulations not been contravened.

(2) If a notice under paragraph (1) is not complied with, the Agency may arrange for—

(a) the removal and disposal of fish; and

(b) the taking of steps to ensure that the position is, as far as possible, restored to what it would have been had these Regulations not been contravened.

(3) The Agency may remove and dispose of fish without serving notice under paragraph (1)—

(a) in an emergency; or

(b) if the holder of the permit or the owner or occupier cannot be ascertained.

(4) Where the Agency acts under paragraph (2) or (3)(a), it may do so at the expense of the holder of the permit or the owner or occupier of inland waters and any amount that falls to be repaid may be recovered by the Agency as a civil debt.

(5) Failure to comply with a notice under paragraph (1) without reasonable excuse is an offence.