The Eels (England and Wales) Regulations 2009

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 return M1 .

(2) A person completing an eel catch return must record—

(a) the total weight of eels caught of 12 centimetres or less in length;

(b) the total weight of those eels retained but dead;

(c) the total weight of those eels retained alive;

(d) the dates on which the eels were caught;

(e) the locations where the eels were caught;

(f) the destination of retained eels.

(3) Failure to comply with paragraph (2) is an offence.

Marginal Citations

M1 Eel catch returns are required by the National Fisheries Byelaws Phase 2 2001 made under the Water Resources Act 1991 (c.57).

Records

4.—(1) An aquaculture production business operator must keep a record, in such form and manner as the [F1 appropriate agency] may specify, of—

(a) any eels of 12 centimetres or less received at their aquaculture production business;

(b) the name and fishing licence identification number of the person who caught the eels;

(c) the destination of any such eels sold.

(2) The aquaculture production business operator must provide the [F1 appropriate agency] with a copy of the record at such intervals as the [F1 appropriate agency] may specify and must allow the [F1 appropriate agency] to inspect the record at any reasonable time.

(3) Failure to comply with paragraph (1) or (2) is an offence.

[F2 (4) For the purposes of this regulation, “the appropriate agency” means—

(a) in relation to business premises in England, the Agency;

(b) in relation to business premises in Wales, the NRBW; and

(c) in relation to business premises partly in England and partly in Wales, the Agency or the NRBW, at the election of the aquaculture production business operator.

(5) The election referred to in paragraph (4)(c) must be notified in writing to both the Agency and the NRBW on or before 31 January in each year that the premises are used in connection with an aquaculture production business.]

Textual Amendments

F1 Words in reg. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 356(2) (with Sch. 7)

F2 Reg. 4(4)(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 356(3) (with Sch. 7)

Imports

5.—(1) Any person who imports live eels into England or Wales must—

(a) record the name of the aquaculture production business (if any) from which the eels were obtained;

(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) 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) 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) 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; F3 ...

(c) prepare, sign and date a certificate to that effect [F4 ;

(d) ensure that the eels they export are accompanied by a copy of the certificate prepared under sub-paragraph (c); and

(e) retain all certificates prepared under this paragraph for 12 months from the date of the certificate and allow the Agency [F5 , where those certificates are retained in England, or the NRBW, where those certificates are retained in Wales,] to inspect those certificates at any reasonable time].

(2) For the purposes of this regulation an eel management plan is a plan marked as such M2 , dated [F6 March 2010] 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.

Textual Amendments

F3 Word in reg. 6(1) omitted (3.1.2012) by virtue of The Eels (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2976), regs. 1(b), 2(2)(a)

F4 Reg. 6(1)(d)(e) added (3.1.2012) by The Eels (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2976), regs. 1(b), 2(2)(b)

F5 Words in reg. 6(1)(e) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 357 (with Sch. 7)

F6 Words in reg. 6(2) substituted (3.1.2012) by The Eels (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2976), regs. 1(b), 2(3)

Marginal Citations

M2 Eel management plans, for illustrative purposes only, can be accessed on http://www.defra.gov.uk/foodfarm/fisheries/freshwater/fishman.htm#emp but the version deposited at the offices of the Secretary of State is the definitive version.

Duties on consignees

[F7 7.— (1) A person must not accept a consignment of live eels that has been imported into England and Wales unless the consignment is accompanied by—

(a) a certificate prepared under regulation 5; and

(b) where live eels from another imported consignment have been added to the consignment, a copy of the certificate prepared under regulation 5 in relation to that other consignment.

(2) The consignee must retain all certificates and (where applicable) copies of certificates for 12 months from the date of the document and allow the Agency[F8 , where those documents are retained in England, or the NRBW, where those documents are retained in Wales,] to inspect those documents at any reasonable time.

(3) Failure to comply with paragraph (1) or (2) is an offence.]

Textual Amendments

F7 Reg. 7 substituted (3.1.2012) by The Eels (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2976), regs. 1(b), 2(4)

F8 Words in reg. 7(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 358 (with Sch. 7)

Restocking

8.—(1) The [F9 appropriate 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 [F9 appropriate 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 [F9 appropriate 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.

Textual Amendments

F9 Words in reg. 8 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 359 (with Sch. 7)

Interpretation

9.  In this Part—

“aquaculture production business” and “aquaculture production business operator” have the same meaning as in Council Directive 2006/88/EC M3 on 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 [F10 for which there is an Eel Management Plan as defined in Article 1A] of Council Regulation (EC) No 1100/2007 M4 establishing measures for the recovery of the stock of European eel.

Textual Amendments

F10 Words in reg. 9 substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 8(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M3 OJ No L 328, 24.11.2006, p14; corrected by OJ No L 140, 1.6.2007, p59, OJ No L 239, 12.9.2007, p70.

M4 OJ No L 248, 22.9.2007, p17.