Fisheries offences
Updated 21 February 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/fisheries-offences
1. Salmon and Freshwater Fisheries Act 1975 (SAFFA)
Section 1:
Using specified instruments to take or kill fish.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 2(1):
Use for fishing, buying, selling or having in possession any fish roe.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 2(2):
Knowingly takes, kills, injures or attempts to take, kill or injure any salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters which is unclean or immature; or buys sells, exposes for sale, or has in possession any such fish or any part, which is unclean or immature.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 2(4):
Wilfully disturbing spawn, spawning fish or spawning areas.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 4(1):
Cause or knowingly permit any liquid or solid matter that is poisonous or injurious to fish, spawn, spawning areas or food of fish to enter waters containing fish.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 5(4):
Person who contravenes Section 5(1) or Section 5(3) and having in his possession any explosive or noxious substance or any electrical device.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 9(2):
Failure to comply with a notice to make a fish pass or to maintain an approved fish pass in an efficient state.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Section 12(1)(a):
Wilfully alters or injures a fish pass.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 12(1)(b):
Does any act whereby salmon or trout are obstructed or liable to be obstructed in using a fish pass or whereby a fish pass is rendered less efficient.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 12(1)(c):
Alters a dam or the bed or banks of the river so as to render a fish pass less efficient.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 12(1)(d):
Uses any contrivance or does any act whereby salmon or trout are in any way liable to be scared, hindered or prevented from passing through a fish pass.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 12(3)(a):
Acting to prevent salmon or trout passing through a fish pass, or takes, or attempts to take, any salmon or trout in its passage through the fish pass.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 12(3)(b):
Places any obstruction, uses any contrivance or does any act whereby salmon or trout may be scared, deterred or in any way prevented from freely entering and passing up and down a free gap at all periods of the year.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 13(2):
Failure to close sluices affecting water flow over dams or through fish passes at relevant times in waters frequented by salmon or migratory trout.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 14(8):
Failure to place or maintain a screen or provide a by-wash in specified circumstances.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 15(2):
Interfering with a screen placed by the Environment Agency.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Section 18(1):
Obstructing an authorised person in constructing or altering a fish pass or free gap or installing a screen (under Sections 9, 10 or 15).
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 27(1)(a):
Fishing without a licence or breach of a condition of such a licence.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Rod and line offences are summary only. Any other instruments are triable either way.
Section 27(1)(b):
Possessing a licensable instrument with intent to use it to fish.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Rod and line offences are summary only. Any other instruments are triable either way.
Section 27(B)(1):
Fishing without authorisation.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 27(B)(2):
Possessing a non-licensable instrument with intent to use it to fish.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 31(2):
Refusing or obstructing authorised entry, search, examination or seizure by a bailiff.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 35:
Failing to produce a fishing licence or other authority to fish.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 35:
Failure by a person fishing or about to fish or having fished to state either their name or address when requested by an authorised person or giving either a false name or address.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
2. The Eel (England and Wales) Regulations 2009
Regulation 3(3):
Failure to complete and submit an eel catch return.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 4(3):
Failure to complete and submit eel consignment responses.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 5(2):
Failure to record and certificate imports of eel.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 6(3):
Failure to record and certificate exports of eel.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 7(3):
Removing eels without appropriate certificates including as provided by Regulations 5 and 6.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 7(3):
Failure by consignee to retain certificates for minimum 12 month period or to allow inspection of certificates.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(4):
Failure to comply with a notice to place young eels on the market for restocking.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(4):
Failure by someone purchasing young eels subject to a notice within 6 months to declare that those eels are to be restocked to an eel river basin.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(5):
Failure to restock having made a declaration.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 10(1):
Fishing for eels by instruments other than rod and line during the close season.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 12(4):
Failure to notify the Environment Agency of intention to construct, alter or maintain a dam or structure.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(2):
Failure to notify the Environment Agency of an obstruction.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 14(5):
Failure to comply with a notice requiring an owner to build, alter, operate an eel pass or remove an obstruction or undertake other relevant action.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15(2):
Failure to maintain and repair eel passes.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 16(2):
Damaging, interfering with, obstructing or impeding passage of eel through an eel pass.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 17(6):
Failure to comply with a notice requiring an owner to place or alter an eel screen.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 18(3):
Failure to comply with the need to provide a by-wash.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 19(3):
Failure to ensure a screen or by-wash does not interfere with statutory navigation rights, is maintained and is constructed so as not to damage eels; and damaging, or interfering with an eels screen or passage of eels through a by-wash.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 27:
Obstruction of an authorised person executing these regulations, failure to give assistance or information or giving of false or misleading information.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
3. Byelaw Offences
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
4. Police Act 1996
Section 89(1):
Assault of constable (water bailiff is deemed to be a constable for the purpose of enforcing SAFFA 1975) in the execution of their duty.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 89(2):
Intentional obstruction of a constable (or a person assisting the constable) in the execution of their duty.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
5. Salmon Act 1986
Section 32:
Receiving, retaining, removing or disposing of any fish in respect to which it is reasonable to suspect an offence (relating to taking or selling) has been committed.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
6. Theft Act 1968
Schedule 1, Section 2:
Theft of owned fish where permission to remove them has not been granted and fish have been caught and retained.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Schedule 1, Section 2:
Person who unlawfully takes, destroys or attempts to take or destroy any fish in water which is private property.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
7. Sea Fisheries (Shellfish) Act 1967
Section 3(3):
Dredge, fish or take shellfish of any description unless in accordance with terms of a licence issued by the Environment Agency.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
8. The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
Regulation 4(a):
Introduces fish into inland waters other than in accordance with the terms of a relevant permit.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 4(b):
Possesses fish for the purposes of introduction into inland waters other than in accordance with the terms of a relevant permit.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 4(c):
Causes or allows any other person to introduce fish into inland waters other than in accordance with the terms of a relevant permit.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 5(1):
Keeps any fish of a kind to which this regulation applies other than in accordance with the terms of a relevant permit.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 8(5):
Failure to comply with a notice under Regulation 8(1) without reasonable excuse.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(a):
Intentionally obstructs an officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(b):
Fails to give assistance or information to an officer without reasonable cause.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(c):
Furnishes information knowing it to be false or misleading.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(d):
Fails to produce a record when required.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 15:
Criminal liability of directors, managers, secretaries or any person purporting to act in any such capacity, in relation to offences that their company (or corporate body) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 16(5):
Criminal liability of partners in relation to offences that their partnership is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
Regulation 16(6):
Criminal liability of officers in relation to offences that their unincorporated association is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.