Eels (England and Wales) Regulations 2009
What this means for your business
- Enforced by
- NRW
- Applies to
- United Kingdom
- On this page
- 19 compliance obligations, 1 practical guide
What you must do
19 compliance obligations under this legislation.
Management duties 4
Construct, alter or operate eel passes as required
Unlimited fineIf the Environment Agency (or other appropriate agency) decides that a dam, construction work or any obstruction is stopping eels moving, it can serve you with a notice. You must, at your own cost, build a new eel pass, modify or operate an existing one, or remove the obstruction, and submit any plans they ask for by the deadline in the notice. Not doing so is a criminal offence.
Do not damage or block eel passes
Unlimited fineIf you own, manage or carry out work on land that has an eel pass, you must make sure nothing damages, blocks or interferes with it. Any action that stops eels moving through the pass is a criminal offence, so keep the pass clear and maintained.
Ensure eel screens and by‑washes are safe, unobstructed and well‑maintained
Unlimited fineIf you have an eel screen or by‑wash on your land or water works, you must make sure it does not block navigation, is built and placed so it doesn’t hurt eels, and is kept in good working order. You also must not damage the screen or stop eels from passing through it. Breaking these rules is a criminal offence.
Provide continuous by‑wash for eel screens
Unlimited fineIf you have an eel screen installed somewhere other than the intake of a water abstraction or diversion structure, you must put a continuous by‑wash just upstream of that screen. The by‑wash must stay in place at all times and give eels a direct route back to the water they entered. Not doing so is a criminal offence.
Notifications 3
Notify and lodge appeal against eel‑related notice
If your business receives a formal notice about eel works (under regulation 14(2)/(4) or 17(2)/(5)(b)), you must tell the Secretary of State (or Welsh Ministers) that you intend to appeal and then submit the appeal within the set time‑limit – 28 days for a regulation 14 notice or 56 days for a regulation 17 notice. You can ask for extra time, and you don’t have to comply with the original notice while the appeal is pending unless the authority says otherwise.
Notify the appropriate agency before building or altering dams/structures
Unlimited fineIf your business builds a new dam, changes an existing dam, or puts up any structure in or near water that could block eels, you must first inform the relevant authority. You can satisfy this by making a water‑abstraction or impoundment licence application, which counts as the required notification. Failing to do so is a criminal offence.
Submit a written appeal and provide supporting docs
If your business has received a notice under the Eels Regulations and you want to challenge it, you must give the regulator a written appeal that includes the original notice and the reasons you think it is wrong. After the regulator appoints an appeal officer, you also need to hand over a statement of your case and any relevant correspondence by the deadlines set out by that officer.
Offences and prohibitions 7
Breach Eels (England and Wales) Regulations
Unlimited fineIf you or your company fail to comply with any duty in the Eels (England and Wales) Regulations 2009 – for example, not installing required eel screens, damaging an eel pass or obstructing an eel pass – you commit a criminal offence. On summary conviction you can be fined up to the statutory maximum; on indictment the fine is unlimited. If the offence is committed by a company and an officer consented, connived or was negligent, that officer can also be prosecuted.
Fail to comply with restocking notice or declaration
Unlimited fineIf you run an eel aquaculture business and the regulator serves you a notice requiring you to place eels on the market for river‑basin restocking, you must do so within the specified period. Likewise, anyone who buys those eels must declare they will be used for restocking and actually restock as declared. Not following the notice, failing to make the declaration, or not restocking as declared is a criminal offence and can lead to prosecution.
Fail to maintain eel pass
Unlimited fineIf you are the person responsible for an eel pass you must keep it working efficiently at your own cost. Not doing this – for example letting it fall into disrepair – is a criminal offence. Conviction can lead to a fine and/or imprisonment, depending on how the court decides to proceed.
Fail to provide or maintain required eel screen
Unlimited fineIf your business operates a water diversion structure that can take at least 20 m³ of water in a day, or returns water to a channel, you must have an eel screen fitted as specified by the regulator (or as required by any notice). Failing to install, keep or adjust the screen as required is a criminal offence. A conviction can lead to an unlimited fine and the case may be heard in either the Magistrates’ Court or Crown Court.
Fail to report an eel obstruction
Unlimited fineIf you are the person responsible for a watercourse or eel‑related activity and you notice an obstruction (for example, debris or a structure that blocks eel movement) you must report it to the relevant agency straight away. Not doing so is a criminal offence and can lead to prosecution.
Fish eels during closed season (non‑rod & line)
Unlimited fineIf you catch eels using any method other than rod and line during the legally defined closed season you are committing an offence, unless you have written permission from the Environment Agency for scientific or fisheries‑management work. Conviction can attract a fine (potentially unlimited) and/or a term of imprisonment, with the court deciding the exact amount and length.
Obstruct regulator or give false information
Unlimited fineIf you deliberately prevent a regulator who is carrying out the Eels (England and Wales) Regulations from doing their job, refuse to give them information they reasonably need, or knowingly provide false or misleading information, you commit a criminal offence. A conviction can result in a fine (potentially unlimited) and/or imprisonment, depending on how the court classifies the offence.
Record keeping 4
Document and certify live eel exports
If your business exports live eels from England or Wales you must keep detailed records of where each batch came from, ensure the eels were caught under the approved river‑basin management plan, prepare a signed certificate, attach that certificate to the export, keep the certificates for 12 months and let the regulator inspect them on request.
Keep eel import certificates and only accept with valid certificates
If your business receives live eels imported into England or Wales, you must not take delivery unless the shipment comes with a proper import certificate (and a copy of any earlier certificate if eels have been mixed in from another consignment). You then need to keep those certificates (and any copies) for 12 months and let the relevant authority inspect them on request.
Keep records of small eels and report them to the regulator
If you run an aquaculture business that receives eels 12 cm long or shorter, you must log each eel batch, the name and licence number of the person who caught them, and where you sell them. You also have to give the regulator a copy of these records at the intervals they set and let them inspect the records whenever they reasonably request.
Record details and certify imports of live eels
If your business brings live eels into England or Wales, you must keep a record of where they came from – the name of the aquaculture producer, or if you bought them directly from a fisherman, the fisher’s name, licence number and river basin. You also need to issue a signed, dated certificate confirming those details for each import.
Reporting and filing 1
Submit eel catch returns
If your business holds a licence or other authorisation to fish for eels using any method other than rod and line, you must send a regular eel‑catch return to the authorities. The return must include the total weight of small eels, the weight of dead and live eels you keep, the dates and places they were caught, and where the eels were sent.
Penalties for non-compliance
12 penalties under this legislation. 12 carry an unlimited fine.
Construct, alter or operate eel passes as required
Unlimited fine
Do not damage or block eel passes
Unlimited fine
Ensure eel screens and by‑washes are safe, unobstructed and well‑maintained
Unlimited fine
Provide continuous by‑wash for eel screens
Unlimited fine
Notify the appropriate agency before building or altering dams/structures
Unlimited fine
Breach Eels (England and Wales) Regulations
Unlimited fine
Fail to comply with restocking notice or declaration
Unlimited fine
Fail to maintain eel pass
Unlimited fine
Fail to provide or maintain required eel screen
Unlimited fine
Fail to report an eel obstruction
Unlimited fine
Fish eels during closed season (non‑rod & line)
Unlimited fine
Obstruct regulator or give false information
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
29 classified provisions from this legislation.
Duties 13
- s.3 Eel catch returns licence or other authorisation
- s.4 Records
- s.5 Imports
- s.6 Exports
- s.7 Duties on consignees A person
- s.12 Construction, alteration etc of obstruction
- s.14 Eel passes works notified
- s.16 Damaging or obstructing eel pass
- s.18 By-wash
- s.19 Eel screens and by-wash A responsible person
- s.23 Notices
- s.25 Appeals
- Appeals Appeals