The Eels (England and Wales) Regulations 2009
| Year | 2009 |
2009 No. 3344
Fisheries, England And Wales
River, England And Wales
The Eels (England and Wales) Regulations 2009
Made 14th December 2009
Laid before Parliament 21th December 2009
Coming into force 15th January 2010
The Secretary of State and the Welsh Ministers are each designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy.
The Secretary of State in relation to England and the Welsh Ministers in relation to Wales make these Regulations under the powers conferred by that section.
PART 1
General
Title, commencement and application
1. These Regulations—
(a) may be cited as the Eels (England and Wales) Regulations 2009;
(b) come into force on 15th January 2010;
(c) apply in England and Wales;
(d) do not apply to so much of the River Tweed as is situated within the Tweed District as defined by the Scotland Act 1998 (River Tweed) Order 20063.
Interpretation
2. In these Regulations—
“the Agency” means the Environment Agency;
“appointed person” has the meaning given in paragraph 2 of the Schedule;
“dam” means any structure designed to confine, direct, or control water and includes weirs;
“diversion structure” means any conduit or channel by which water is abstracted from its usual channel or bed or from the sea, or by which water is returned to that (or another) channel, bed or sea;
“eels” means any fish of the species Anguilla anguilla, and includes elvers and glass eels;
“eel pass” means any device, opening or structure that allows the passage of eels around, over or through any dam or obstruction;
“eel screen” means any device, moving or stationary, that is designed to impede the passage of eels through a diversion structure;
“England” includes the territorial sea adjacent to England not forming any part of Wales;
“fish pass” means any device, opening or structure that facilitates the passage of fish around, over or through any dam or obstruction;
“obstruction” means anything (whether natural or artificial) in or near waters that impedes, or is likely to impede, the passage of eels through those waters;
“Wales” has the same meaning as in section 158 of the Government of Wales Act 20064.
PART 2
Records and restocking
Eel catch returns
3.—(1) This regulation applies in relation to any person who, having been granted any licence or other authorisation to fish for eels with any instrument other than rod and line, is required to submit an eel catch return5.
(2) A person completing an eel catch return must record—
(a)
(a) the total weight of eels caught of 12 centimetres or less in length;
(b)
(b) the total weight of those eels retained but dead;
(c)
(c) the total weight of those eels retained alive;
(d)
(d) the dates on which the eels were caught;
(e)
(e) the locations where the eels were caught;
(f)
(f) the destination of retained eels.
(3) Failure to comply with paragraph (2) is an offence.
Records
4.—(1) An aquaculture production business operator must keep a record, in such form and manner as the Agency may specify, of—
(a)
(a) any eels of 12 centimetres or less received at their aquaculture production business;
(b)
(b) the name and fishing licence identification number of the person who caught the eels;
(c)
(c) the destination of any such eels sold.
(2) The aquaculture production business operator must provide the Agency with a copy of the record at such intervals as the Agency may specify and must allow the Agency to inspect the record at any reasonable time.
(3) Failure to comply with paragraph (1) or (2) is an offence.
Imports
5.—(1) Any person who imports live eels into England or Wales must—
(a)
(a) record the name of the aquaculture production business (if any) from which the eels were obtained;
(b)
(b) where the eels were obtained directly from the person who caught them, record the name and fishing licence identification number of that person and the eel river basin in which the eels were caught; and
(c)
(c) prepare, sign and date a certificate to that effect.
(2) Failure to comply with paragraph (1) is an offence.
Exports
6.—(1) Any person who exports live eels from England or Wales must—
(a)
(a) record where and the date on which the eels were obtained, including the name of the aquaculture production business, the food business or the eel river basin in which the eels were caught (as the case may be) and, in the case of eels obtained from an eel river basin, the name and fishing licence identification number of the person who caught the eels;
(b)
(b) be satisfied that eels obtained from an eel river basin are caught in a manner consistent with the eel management plan prepared for that eel river basin; and
(c)
(c) prepare, sign and date a certificate to that effect.
(2) For the purposes of this regulation an eel management plan is a plan marked as such6, dated October 2009 and deposited at the offices of the Secretary of State for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR.
(3) Failure to comply with paragraph (1) is an offence.
Duties on consignees
7.—(1) A person must not accept a consignment of eels unless it is accompanied by—
(a)
(a) a certificate prepared under regulation 5 or 6;
(b)
(b) where eels have been added to the consignment, a copy of the certificate accompanying the other consignment.
(2) The consignee must retain all certificates for 12 months from the date of the certificates and allow the Agency to inspect the certificates at any reasonable time.
(3) Failure to comply with paragraph (1) or (2) is an offence.
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)
(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;
vis 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
Xn 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)
(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.
Interpretation
9. In this Part—
“aquaculture production business” and “aquaculture production business operator” have the same meaning as in Council Directive 2006/88/EC7on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;
“eel river basin” is a river basin that has been identified as a natural habitat for eels in accordance with Article 2(1) of Council Regulation (EC) No 1100/20078establishing measures for the recovery of the stock of European eel.
PART 3
Eel Licences
Close season
10.—(1) Notwithstanding section 25 of the Salmon and Freshwater Fisheries Act 19759, a person who fishes for eels by means other than rod and line during the close season commits an offence.
(2) But this regulation does not apply to a person to the extent that they are acting—
(a)
(a) for some scientific or fisheries management purpose;
(b)
(b) with the written authority of the Agency; and
(c)
(c) in accordance with any conditions imposed by the Agency in relation to that authority.
(3) For the purposes of this regulation, the close season10is—
(a)
(a) for eels of 12 centimetres or less in length, the period beginning on 26th May 2010 and ending on 14th February 2011; and
(b)
(b) for all other eels, the period beginning on 1st October 2010 and ending on 31st March 2011.
Reduction of fishing effort
11.—(1) This regulation applies where the Agency determines that a reduction in the fishing effort for eels is required in order to comply with Article 5(4) of Council Regulation (EC) No 1100/2007.
(2) Notwithstanding section 25 of the Salmon and Freshwater Fisheries Act 1975, the Agency may, by service of a notice, revoke any licence to fish for eels by means other than rod and line granted for the period beginning on 1st January 2010 and ending on 31st December 2010.
PART 4
Passage of eels
Construction, alteration etc of obstruction
12.—(1) This regulation applies to—
(a)
(a) the construction of a new dam;
(b)
(b) alterations or maintenance made to an existing dam that are likely to affect the passage of eels around, over or through the dam;
(c)
(c) the construction or maintenance of a structure in or near waters that amounts to, or is likely to amount to, an obstruction.
(2) Any person who...
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