The Keeping and Introduction of Fish (Wales) Regulations 2014

Type Welsh-Statutory-Instrument
Publication 2014-12-09
Last updated 2017-11-30
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
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Made: 9 December 2014

Coming into force: 20 January 2015

The Welsh Ministers, in exercise of the powers conferred by sections 232(1), (5)(a), (d), (e), (h), (i) and (j) and (7) and 316(1) and (2) of the Marine and Coastal Access Act 2009[^f00002], make the following Regulations.

PART 1 — INTRODUCTION

Title, commencement and application

1

Interpretation

2

In these Regulations—

Exclusions

3

These Regulations do not apply in relation to activities which take place—

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—

commits an offence.

Keeping fish

5

PART 3 — PERMITS

Grant of permit

6

PART 4 — ENFORCEMENT AND ADMINISTRATION

Revocation etc. of a permit

7

Notice to remove and dispose of fish

8

Time in which a notice takes effect

9

Appeals

10

Powers of entry

11

the justice may by signed warrant authorise the officer to enter the premises, if need be by reasonable force.

Powers of an authorised officer

12

Obstruction

13

Any person who—

commits an offence.

Penalties

14

Offences by bodies corporate

15

Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent of, or connivance of, or to be attributable to any neglect on the part of—

that person, as well as the body corporate, is guilty of an offence.

Offences by partnerships and unincorporated associations

16

PART 5 — MISCELLANEOUS

Transitional

17

A licence under section 1 of the Import of Live Fish (England and Wales) Act 1980[^f00010] authorising a person to keep or release live fish, or the live eggs of fish, which is in force immediately before the coming into force of these Regulations, is to be taken to be a permit under these Regulations authorising the keeping of fish or the introduction of fish into inland waters.

Repeal of section 30 of the Salmon and Freshwater Fisheries Act 1975

18

Section 30 of the Salmon and Freshwater Fisheries Act 1975[^f00011] is repealed.

SCHEDULE 1

PART 1 — Fish that may not be kept without a permit

Taxonomic Order Common name
Acipenseriformes Sturgeons, Paddlefish
Amiiformes Bowfin
Anguilliformes Eels
Atheriniformes Silversides
Batrachoidiformes Toadfish
Beloniformes Needlefish, Flyingfish
Ceratodontiformes Lungfish
Characiformes Tetras, Characins, Headstanders
Clupeiformes Herrings, Anchovies, Shads
Cypriniformes Carps, Loaches, Minnows
Cyprinodontiformes Killifish, Pupfish
Esociformes Pike
Gasterosteiformes Sticklebacks
Gonorynchiformes Shellears
Gymnotiformes Knifefish
Lepidosireniformes South American and African Lungfish
Lepisosteiformes Gar or Garpike
Myliobatiformes Stingrays
Osmeriformes Smelt, Noodlefish
Osteoglossiformes Arapaima, Bonytongues
Perciformes Perches, Butterflyfish, Cichlids, Tunas
Percopsiformes Trout-Perch, Cavefish
Petromyzontiformes Lampreys
Pleuronectiformes Flounders and Sole
Polypteriformes Bichirs
Salmoniformes Salmon, Trout, Whitefish
Scorpaeniformes Scorpionfish, Sculpins
Siluriformes Catfish
Synbranchiformes Spiny Eels
Syngnathiformes Pipefish, Seahorses
Tetraodontiformes Pufferfish

PART 2 — Species of fish that may be kept without a permit

Taxonomic Order Species Species
Taxonomic Order Common name Species name
(1) Includes all varieties of the same species (e.g. Ghost Carp, Leather Carp, Koi Carp, Ogen Carp). (1) Includes all varieties of the same species (e.g. Ghost Carp, Leather Carp, Koi Carp, Ogen Carp). (1) Includes all varieties of the same species (e.g. Ghost Carp, Leather Carp, Koi Carp, Ogen Carp).
(2) Includes all varieties of the same species (e.g. Brown, Golden, Lion’s Head, London Shubunkin). (2) Includes all varieties of the same species (e.g. Brown, Golden, Lion’s Head, London Shubunkin). (2) Includes all varieties of the same species (e.g. Brown, Golden, Lion’s Head, London Shubunkin).
(3) Includes all ornamental varieties of the same species (e.g. Golden Orfe, Blue Orfe). (3) Includes all ornamental varieties of the same species (e.g. Golden Orfe, Blue Orfe). (3) Includes all ornamental varieties of the same species (e.g. Golden Orfe, Blue Orfe).
Anguilliformes European eel Anguilla anguilla
Clupeiformes Allis shad Alosa alosa
Clupeiformes Twaite shad Alosa fallax
Cypriniformes European barbel Barbus barbus
Cypriniformes Bleak Alburnus alburnus
Cypriniformes Common bream Abramis brama
Cypriniformes Silver bream Blicca bjoerkna
Cypriniformes Chub Leuciscus cephalus
Cypriniformes Common carp[^f01000] Cyprinus carpio
Cypriniformes Crucian carp Carassius carassius
Cypriniformes Dace Leuciscus leuciscus
Cypriniformes Goldfish[^f01001] Carassius auratus
Cypriniformes Gudgeon Gobio gobio
Cypriniformes Ide[^f01002] Leuciscus idus
Cypriniformes Spined loach Cobitis taenia
Cypriniformes Stone loach Barbatula barbatula
Cypriniformes European minnow Phoxinus phoxinus
Cypriniformes Roach Rutilus rutilus
Cypriniformes Rudd Scardinius erythro- phthalmus
Cypriniformes Tench Tinca tinca
Esociformes Northern Pike Esox lucius
Gasterosteiformes Three-spined stickleback Gasterosteus aculeatus
Gasterosteiformes Nine-spined stickleback Pungitius pungitius
Osmeriformes Smelt Osmerus eperlanus
Perciformes Eurasian perch Perca fluviatilis
Perciformes Ruffe Gymnocephalus cernuus
Petromyzonti-formes Sea lamprey Petromyzon marinus
Petromyzonti-formes Brook lamprey Lampetra planeri
Petromyzonti-formes River lamprey Lampetra fluviatilis
Salmoniformes Brown trout or sea trout Salmo trutta
Salmoniformes Rainbow trout, except the anadromous steelhead Oncorhynchus mykiss
Salmoniformes Salmon Salmo salar
Salmoniformes Grayling Thymallus thymallus
Salmoniformes Arctic char Salvelinus alpinus
Salmoniformes Vendace Coregonus albula
Salmoniformes Powan, Schelly or Gwyniad Coregonus lavaretus
Scorpaeniformes Bullhead Cottus gobio

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 9 December 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations control the keeping and introduction of fish in inland waters. They apply in relation to Wales. They provide that it is an offence to introduce any fish into inland waters, to keep certain types of fish (the fish that belong to the taxonomic order specified in Part 1 of the Schedule but are not of a species specified in Part 2 of the Schedule) in inland waters, or to keep any kind of fish in protected areas where those fish would otherwise be absent, other than in accordance with a permit granted under these Regulations by the Natural Resources Body for Wales (“the Body”) (regulations 4 and 5). The Body may attach conditions to permits to introduce fish or to keep fish and a list of purposes for which, or matters in relation to which, conditions may in particular be imposed is contained in regulation 6(4).

Regulation 3 excludes aquaculture production businesses from the scope of these Regulations, including the transportation of fish between premises of one or more aquaculture production businesses. However, it does not exclude aquaculture production businesses from the requirement to have a permit to keep (otherwise than on the premises) fish or to introduce fish into inland waters.

Regulation 7 specifies the circumstances in which the Body may revoke, suspend or vary a permit.

Regulation 8 enables the Body to serve a notice on any person who is the owner or occupier of inland waters requiring that person to remove and dispose of fish, if the fish have been introduced into the water or kept in contravention of the Regulations. Paragraph (3) sets out the circumstances in which the Body may remove and dispose of fish without serving notice under paragraph (1). Paragraph (5) makes it a criminal offence not to comply with a notice under paragraph (1) without reasonable excuse.

Regulation 9 makes provision for the time at which a notice under regulation 7 or 8 takes effect.

Regulation 10 makes provision in relation to appeals by an applicant for a permit, or the holder of a permit or an owner or occupier of inland waters, who is the recipient of a notice under regulation 7 or 8.

Regulation 11 confers powers of entry on an authorised officer of the Body for the purposes of enforcing the Regulations. Regulation 12 sets out additional powers of an authorised officer, including the power to stop and detain any vehicle, and the power to carry out any search. Regulation 13 provides for certain offences relating to obstruction of a person acting in the execution of the Regulations.

Regulation 14 states that a person who is guilty of an offence under the Regulations is liable, on summary conviction, to a fine not exceeding £50,000, or on conviction on indictment to a fine which is unlimited. However, if section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is in force on the day on which these Regulations are made, a fine imposed on summary conviction in a court in Wales will not be limited to £50,000.

Regulation 15 makes provision for offences by bodies corporate. The effect of paragraph (1) is that, in certain circumstances, a director or other similar person of a body corporate may be personally liable for an offence as well as the body corporate. Regulation 16 makes provision for offences committed (or alleged to have been committed) by partnerships and unincorporated associations.

Regulation 17 provides than an existing licence in force under section 1 of the Import of Live Fish (England and Wales) Act 1980 is to be taken to be a permit under the Regulations.

Regulation 18 repeals section 30 of the Salmon and Freshwater Fisheries Act 1975 in relation to Wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Marine and Fisheries Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 2009 c.23. Section 316(10)(a) defines “draft affirmative procedure” (“gweithdrefn gadarnhaol ddrafft”) for the purposes of section 316(6).

[^f00002]: Section 232 was amended by S.I. 2013/755 (W. 90). The term “appropriate national authority” (“awdurdod cenedlaethol priodol”) is defined in section 232(8).

[^f00003]: 1991 c.57.

[^f00004]: S.I. 2009/463.

[^f00005]: 1981 c.69. Relevant amendments to section 52(1) were made by section 75(1) of, and paragraphs 5(1) and, (2) of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37).

[^f00007]: Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c.37).

[^f00008]: 1925 c.86. Subsections (1) and (2) of section 33 were repealed by section 132 of, and Schedule 6 to, the Magistrates’ Courts Act 1952 (c. 55); subsection (3) was amended by section 56(1) of, and paragraph 19 of Part 2 of Schedule 8 to, the Courts Act 1971 (c. 23); subsection (4) was amended by section 109(1) and (3) of, and paragraph 71 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39); subsection (5) was repealed by section 132 of, and Schedule 6 to, the Magistrates’ Courts Act 1952.

[^f00009]: 1980 c.43. Paragraph 2(a) was repealed by sections 41 and 332 of, and paragraphs 51(1) and 13(a) of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44); paragraph 5 was repealed by sections 25(2) and 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53); paragraph 6 was amended by section 41 of, and paragraph 51(1) and 13(b) of Schedule 3 to, the Criminal Justice Act 2003.

[^f00010]: 1980 c.27. Subsection (1) was amended by regulation 45 of, and paragraph 5 of Schedule 2 to, the Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463); subsection (2) was amended by section 105(1) of, and paragraph 62 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); section 132 of, and paragraph 8 of Schedule 9 to, the Environmental Protection Act 1990 (c. 43); and article 4(1) of, and paragraph 158 of Schedule 2 to, Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755) (W.90); subsection 3 was amended by section 37(2) of the Fisheries Act 1981 (c. 29).

[^f00011]: 1975 c.51. Section 30 was amended by article 4(1) of, and paragraph 127 and 142 of Schedule 2 to, Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755) (W.90); sections 105 and 120 of, and paragraph 17 of Schedule 15 and Schedule 24 to, the Environment Act 1995 (c. 25); and section 190 of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15); section 34 of the Salmon Act 1986 (c. 62).

Editorial notes

[^key-531b1aaa3be0bfdad166dd7d4184bc21]: Reg. 16 in force at 20.1.2015, see reg. 1(2)

[^key-84413618fb7f1f67fdbaf563f80ec52f]: Reg. 1 in force at 20.1.2015, see reg. 1(2)

[^key-fca5b9fd3034ce57a08e1fb9ed9cad99]: Reg. 3 in force at 20.1.2015, see reg. 1(2)

[^key-dd45f9232aa521e69d43e67d36becc8f]: Reg. 18 in force at 20.1.2015, see reg. 1(2)

[^key-c52107b583ebe3a6f90fd399d7a2e808]: Reg. 5 in force at 20.1.2015, see reg. 1(2)

[^key-ad884367551fc779e73448775709d5c3]: Reg. 2 in force at 20.1.2015, see reg. 1(2)

[^key-bfd66331fa7b3bcb4acfd67cbc3aa6ed]: Reg. 4 in force at 20.1.2015, see reg. 1(2)

[^key-31dee666f41303e544fe0f6191f65b1f]: Reg. 6 in force at 20.1.2015, see reg. 1(2)

[^key-e24798583ebf837af934693da20457a7]: Reg. 7 in force at 20.1.2015, see reg. 1(2)

[^key-1bf2f088a4da0a7520a10f27db36884d]: Reg. 8 in force at 20.1.2015, see reg. 1(2)

[^key-f86e120a22181c51305021c6a76bc17f]: Reg. 9 in force at 20.1.2015, see reg. 1(2)

[^key-6b0af705cfe44eee793601fcf3103400]: Reg. 10 in force at 20.1.2015, see reg. 1(2)

[^key-5b4cbcd38daa4ccc29bb1751d4088015]: Reg. 11 in force at 20.1.2015, see reg. 1(2)

[^key-88811de052e965d88dd1b6ebdba24ebc]: Reg. 12 in force at 20.1.2015, see reg. 1(2)

[^key-d7016600ed3c8f9b9c45e165a33ff3f2]: Reg. 13 in force at 20.1.2015, see reg. 1(2)

[^key-84d733664cc53a9049cbef3c87e68229]: Reg. 14 in force at 20.1.2015, see reg. 1(2)

[^key-14b23352087d6abced66b2bd5faf88c2]: Reg. 15 in force at 20.1.2015, see reg. 1(2)

[^key-ecf3a3e6abf9b5f2cd355445b1c0d67a]: Reg. 17 in force at 20.1.2015, see reg. 1(2)

[^key-ee541e73a44fb233869b2848369b765d]: Sch. 1 Pt. 1 in force at 20.1.2015, see reg. 1(2)

[^key-25397b8a51ecef74125780088d3e3afa]: Sch. 1 Pt. 2 in force at 20.1.2015, see reg. 1(2)

[^key-21bc83e415d50c4e07e10b4a88bdc06e]: Words in reg. 5(4)(ii) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 43(a)

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