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Environment Agency - Update Fish Removal Bylaw 2010

Environment Agency
September 20 2010

ENVIRONMENT AGENCY

WATER RESOURCES ACT 1991

FISH REMOVAL (ROD and LINE) BYELAWS

The Environment Agency, in exercise of powers conferred on it under section 210 of,
and paragraph 6(1)(b) of Schedule 25 to the Water Resources Act 1991 hereby makes
the following Byelaws.

Byelaw 1 Application of Byelaws

These Byelaws shall apply to the area (specified in Section 6(7) of the Environment
Act 1995) in respect of which the Agency carries out its functions relating to fisheries
except the Upper Esk.

Byelaw 2 Interpretation of Byelaws

In these Byelaws except where expressly stated or where the context otherwise
requires, all words and expressions used in these Byelaws shall have the meanings
assigned to them by the Environment Act 1995, Salmon and Freshwater Fisheries Act
1975 and the Water Resources Act 1991 except the meaning of the term “drain” is not
confined to that assigned to it by the Water Resources Act 1991

“Upper Esk” has the same meaning as assigned to it in the Scotland Act 1998 (Border
Rivers) Order 1999.

Byelaw 3 Fish Removal

(i) No person may remove by rod and line any freshwater fish listed in Schedule 1
from any river, stream or drain, or from the waters listed in either Schedule 2 or
Schedule 3 except:

(a) 15 fish, other than grayling, of not more than 20cm per day.

(b) 1 pike of not more than 65cm per day.

(c) 2 grayling of not less than 30cm and not more than 38cm per day.

The size of any fish shall be ascertained by measuring from the tip of the snout to the
fork or cleft of the tail.

Byelaw 3(i) does not apply where written permission has been given by the
Environment Agency to the owner or occupier of the fishery to dispense with any of
these requirements in relation to those fishing the owner's or occupier’s waters.

(ii) No person may remove by rod and line any freshwater fish from any stillwaters or
canals (other than those listed in Schedules 2 or 3) except with the written permission
of the owner or occupier of the fishery.

(iii) No person may remove by rod and line any eels or, subject to the provisions of
sections 9 and 28P of the Wildlife and Countryside Act 1981, shad from any waters.


Subject to the provisions of sections 9 and 28P of the Wildlife and Countryside Act
1981, Byelaw 3 shall not apply to any person who with as little injury as possible
either returns fish immediately to the same water alive or retains fish in a keepnet or
keepsack and then returns it to the same water alive on or before completion of
fishing.

Byelaw 4 Amendments and Revocations

(i) The amendments to existing Byelaws set out in Schedule 4 shall have effect

(ii) The revocations of existing Byelaws set out in Schedule 5 shall have effect.

These Byelaws come into force on 1 June 2010



SCHEDULE 1

Fish species

Species

Common name

Abramis bjoerkna

Silver bream

Abramis brama

Common bream

Barbus barbus

Barbel

Carassius carassius

Crucian carp

Cyprinus carpio

Common carp

Leuciscus cephalus

Chub

Leuciscus leuciscus

Dace

Rutilus rutilus

Roach

Scardinius erythrophthalmus

Rudd

Tinca tinca

Tench

Esox lucius

Pike

Osmerus eperlanus

Smelt

Thymallus thymallus

Grayling

Perca fluviatilis

Perch

Including hybrids between any of the above
species.

Excluding ornamental varieties or colour variants of
the above species.



SCHEDULE 2

Stillwaters

England

Lake Windermere SD39395773

Coniston Water SD3082996365

Ullswater NY450220

Derwentwater NY200260

All waters within the Broads (as defined in section 2(3) of the Norfolk and Suffolk
Broads Act 1988) subject to a close season for freshwater fish.

Wales

Llyn Tegid SH 9143 3394

Llyn Maelog SH 3253 7316



SCHEDULE 3

Canals

North East Region:-

Aire and Calder navigation between Castleford Weir and
Ferrybridge Lock.

Midlands Region:-

Stroudwater and Thames Canal.

Anglian Region:-

Fossdyke Canal.

Thames Region:-

Kennet and Avon Canal downstream of confluence with River
Kennet at Kintbury.

Lee navigation upstream of Aqueduct Lock.



SCHEDULE 4

Amendments to Existing Byelaws

Taking/Removal of freshwater fish

1. For Byelaw numbered 6 (which applies in the Yorkshire area of the former
Northumbria & Yorkshire Region of the National Rivers Authority and was
confirmed on the 26th day of October 1967) substitute:-

Byelaw 6 Limitation on the number of fish which may be taken in one
day.

No person shall kill or take away from rivers, streams, drains or canals in the
Agency’s area in any one day more than six trout (including migratory trout
except when caught by a duly authorised net).

Provided that this byelaw shall not apply to any person who takes away more
than six such fish in any one day with the previous permission in writing of
the owner or occupier of the fishery.

2. For Byelaw numbered 7 (which applies in the Yorkshire area of the former
Northumbria and Yorkshire Region of the National Rivers Authority and was
confirmed on 26th day of April 2001) substitute:-

Byelaw 7 Taking of undersized trout

No person shall kill or take away from rivers, streams, drains or canals within
the Agency’s area any fish of the kinds hereinafter mentioned of a size less
than such as is hereinafter specified, that is to say:

Trout (including migratory trout) 23 cms

The size shall be ascertained by measuring from the tip of the snout to the fork
or cleft of the tail.

Provided that this byelaw shall not apply:

(ii) Undersized trout shall not be kept in a keepnet.

3. For Byelaw numbered 7 (which applies in the Yorkshire Ouse and Hull River
Authority area of the North East Region and was confirmed on 26th day of
October 1967) is hereby amended by the substitution for the table therein of
the following table:

Taking of under-sized trout

Trout (including
migratory trout)

23 cms


4. For Byelaw numbered 17 (which applies in the North West Region and which
was confirmed on 11th day of October 1989) substitute:-

Byelaw 17 Removal of fish

No person may take or remove from any waters within the area of the
Authority without lawful authority any salmon or trout, whether alive or dead.

5. For Byelaw numbered 19 (which applies in the North West Region and which
was confirmed on 11th day of October 1989) substitute:-

Byelaw 19 Prohibition of taking undersized fish

No person shall take from any waters within the area any fish of a kind and of
a size less than such size as is hereafter prescribed, that is to say:

Migratory trout 300mm

Brown trout and char 200mm

The size shall be ascertained by measuring from the tip of the snout to the fork
or cleft of the tail.

Provided that this byelaw shall not apply to any person who takes any
undersized fish unintentionally if he at once returns to and liberates the same
in the water with as little injury as possible.

6. For Byelaw numbered 8 (which applies in the Thames Region and was
confirmed on 6th day of June 1978) substitute:-

Byelaw 8 Prohibition on taking undersized fish

Any person who removes from rivers, streams, drains or canals within the area
any fish of a kind and of a size less than such as is hereinafter prescribed, that
is to say:

Brown Trout 25cm

shall be guilty of an offence.

The size shall be ascertained by measuring from the tip of the snout to the end
of the tail fin.

7. For Byelaw numbered 9 (which applies in the Thames Region and was
confirmed on 6th day of June 1978) substitute:-

Byelaw 9 Bag limits



Any person who without the previous consent in writing of the Agency takes
or removes more than two salmon in any one day from rivers, streams, drains
or canals shall be guilty of an offence.

8. For Byelaw numbered 17 (which applies in Wessex area of the South West
Region and was confirmed on 8th day of November 1993) substitute:-

Byelaw 17. Limit on the number of fish which may be permanently
removed from the water.

B. No person shall remove permanently from any waters within the
Bristol Avon Area or the Somerset Area in any one day more than two
non-migratory trout without the written consent of the Authority.

9. For Byelaw numbered 4 (which applies in Midlands Region and was
confirmed on 28th day of March 1991) substitute:-

Byelaw 4 The taking of immature trout

No person shall take any fish of a size less than those prescribed hereunder for
the species stated from the area stated. The size of the fish shall be ascertained
by measuring the fish from the tip of the snout to the fork or cleft of the tail.

a) trout (except rainbow trout)

i) The waters of the River Severn (including its tributaries) above
or upstream of its confluence with the Afon Clywedog (SN
954847); the waters of the River Vyrnwy (including its
tributaries) above or upstream of Dolanog Weir (SJ 067127);
the waters of the River Banwy (including its tributaries) above
or upstream of its confluence with the Afon Gam (SJ 017103);
the waters of the River Tanat (including its tributaries) above or
upstream of its confluence with the River Rhaeadr (SJ 130247)

............ 15 centimetres

ii) All other waters

............. 20 centimetres

b) rainbow trout

The waters of the Rivers Derwent and Amber, including their
tributaries, which are above or up-stream of their confluence at
Ambergate, Derbyshire, (NGR SK 346 515), excluding the stretch of
the River Wye from Blackwell Mill near Buxton to Cressbrook Mill
(NGR SK 173 727) above or upstream-of Ashford-in-the-Water and
excluding any reservoir or lake-formed by the construction of a dam
across the valley of those rivers or across one of their tributaries



............ 20 centimetres

PROVIDED that this byelaw shall not apply in the case of any person who
takes any immature (undersized) fish unintentionally if he at once returns the
same to the water with as little injury as possible.

10. For Byelaw numbered 14 (which applies in Wessex area of the South West
Region and was confirmed on 8th day of November 1993) substitute:-

14. Prohibition of taking undersized trout

No person shall without the lawful authority of the Environment Agency take
from any waters any fish of any kind hereinafter listed which from the tip of
the snout to the fork or cleft of the tail is of less than the size prescribed
hereunder:

brown
trout

25 centimetres, except that the size limit on the By Brook and its
tributaries shall be 20 centimetres

migratory
trout

35 centimetres

Provided that this Byelaw shall not apply to any person who catches any
undersized trout unintentionally if he at once returns the same to the water
with as little injury as possible.


SCHEDULE 5

Revocations of Existing Byelaws

Byelaw Number

Region

Date of confirmation

Taking/removal of
freshwater fish

5. Maximum number of
fish which can be taken.

Anglian

21 April 1988