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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

103

 

Main duties

153     

Management of inshore fisheries

(1)   

The authority for an IFC district must manage the exploitation of sea fisheries

resources in that district.

(2)   

In performing its duty under subsection (1), the authority for an IFC district

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must—

(a)   

seek to ensure that the exploitation of sea fisheries resources is carried

out in a sustainable way,

(b)   

seek to balance the social and economic benefits of exploiting the sea

fisheries resources of the district with the need to protect the marine

10

environment from, or promote its recovery from, the effects of such

exploitation,

(c)   

take any other steps which in the authority’s opinion are necessary or

expedient for the purpose of making a contribution to the achievement

of sustainable development, and

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(d)   

seek to balance the different needs of persons engaged in the

exploitation of sea fisheries resources in the district.

(3)   

The Secretary of State may give guidance to the authority for an IFC district

with respect to the performance of its duty under subsection (1).

(4)   

The Secretary of State must give every IFC authority guidance as to how the

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authority is to perform its duty under subsection (1) so as to make a

contribution to the achievement of sustainable development.

(5)   

In performing its duty under subsection (1), the authority for an IFC district

must have regard to any guidance given to it by the Secretary of State.

(6)   

Before giving any such guidance the Secretary of State must consult—

25

(a)   

every IFC authority to which the Secretary of State is proposing to give

guidance, and

(b)   

such other bodies or persons as the Secretary of State considers

appropriate.

(7)   

In preparing any such guidance the Secretary of State must take into

30

consideration—

(a)   

the functions of IFC authorities,

(b)   

functions which are exercisable in IFC districts by other bodies and

persons, and

(c)   

the resources available, or likely to be available, to each IFC authority

35

to which the Secretary of State is proposing to give guidance.

(8)   

The Secretary of State must publish, in such manner as the Secretary of State

may determine, any guidance given to IFC authorities by virtue of subsection

(4).

(9)   

An IFC authority that has been given any such guidance must provide any

40

person on request with a copy of the whole or any part of any such guidance.

(10)   

In this Chapter “sea fisheries resources” means any animals or plants, other

than fish falling within subsection (11), that habitually live in the sea, including

those that are cultivated in the sea.

(11)   

The fish referred to in subsection (10) are—

45

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

104

 

(a)   

salmon, trout, eels, lampreys, smelt and shad;

(b)   

any other fish of a kind which migrates from fresh to salt water, or from

salt to fresh water, in order to spawn;

(c)   

any freshwater fish.

   

In this subsection “eels”, “freshwater fish”, “salmon”, “smelt” and “trout” have

5

the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (c. 51)

(see section 41 of that Act).

(12)   

Any reference in this Chapter to the “exploitation” of sea fisheries resources is

a reference to any activity relating to the exploitation of such resources,

whether carried out for commercial purposes or otherwise, including—

10

(a)   

fishing for, taking, retaining on board, trans-shipping, landing,

transporting or storing such resources,

(b)   

selling, displaying, exposing or offering for sale or possessing such

resources, and

(c)   

introducing such resources to the sea or cultivating such resources.

15

154     

Protection of marine conservation zones

(1)   

The authority for an IFC district must seek to ensure that the conservation

objectives of any MCZ in the district are furthered.

(2)   

Nothing in section 153(2) is to affect the performance of the duty imposed by

this section.

20

(3)   

In this section—

(a)   

“MCZ” means a marine conservation zone designated by an order

under section 116;

(b)   

the reference to the conservation objectives of an MCZ is a reference to

the conservation objectives stated for the MCZ under section 117(2)(b).

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Byelaws

155     

Power to make byelaws

(1)   

For the purposes of performing the duty imposed by section 153 or the duty

imposed by section 154, the authority for an IFC district may make byelaws for

that district.

30

(2)   

Byelaws made under this section must be observed within the district for

which they are made.

(3)   

A byelaw made under this section does not have effect until it is confirmed by

the Secretary of State.

   

This is subject to section 157 (emergency byelaws).

35

(4)   

The Secretary of State may confirm a byelaw without modification or with such

modifications as are agreed to by the IFC authority that made the byelaw.

(5)   

Before confirming a byelaw, the Secretary of State may cause a local inquiry to

be held.

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

105

 

156     

Provision that may be made by byelaw

(1)   

The provision that may be made by a byelaw under section 155 includes

provision falling within any one or more of the Heads set out in—

(a)   

subsection (3) (prohibition or restriction of exploitation of sea fisheries

resources),

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(b)   

subsection (4) (permits),

(c)   

subsection (5) (vessels, methods and gear),

(d)   

subsection (6) (protection of fisheries for shellfish),

(e)   

subsection (7) (monitoring of exploitation of resources);

(f)   

subsection (8) (information).

10

(2)   

In the following provisions of this section “specified” means specified in the

byelaw.

(3)   

Head 1 is provision prohibiting or restricting the exploitation of sea fisheries

resources, including—

(a)   

provision prohibiting or restricting such exploitation in specified areas

15

or during specified periods;

(b)   

provision limiting the amount of sea fisheries resources a person or

vessel may take in a specified period;

(c)   

provision limiting the amount of time a person or vessel may spend

fishing for or taking sea fisheries resources in a specified period.

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(4)   

Head 2 is provision prohibiting or restricting the exploitation of sea fisheries

resources without a permit issued by an IFC authority, including—

(a)   

provision for the charging of fees for permits;

(b)   

provision enabling conditions to be attached to a permit;

(c)   

provision enabling an IFC authority to limit the number of permits

25

issued by it.

(5)   

Head 3 is—

(a)   

provision prohibiting or restricting the use of vessels of specified

descriptions;

(b)   

provision prohibiting or restricting any method of exploiting sea

30

fisheries resources;

(c)   

provision prohibiting or restricting the possession, use, retention on

board, storage or transportation of specified items, or items of a

specified description, that are used in the exploitation of sea fisheries

resources;

35

(d)   

provision for determining whether such items are items of a specified

description.

(6)   

Head 4 is provision for and in connection with the protection of fisheries for

shellfish, including—

(a)   

provision requiring shellfish the removal or possession of which is

40

prohibited by or in pursuance of any Act to be re-deposited in specified

localities;

(b)   

provision for the protection of culch and other material for the

reception of the spat or young of shellfish;

(c)   

provision requiring such material to be re-deposited in specified

45

localities;

(d)   

provision constituting, within an IFC district, a district of oyster

cultivation for the purposes of subsection (2)(c) of section 16 of the Sea

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

106

 

Fisheries (Shellfish) Act 1967 (c. 83) (which prohibits the sale of oysters

between certain dates);

(e)   

provision directing that section 17(2) of that Act (which affords a

defence to a person charged with an offence under that section) does

not apply.

5

(7)   

Head 5 is provision for and in connection with the monitoring of exploitation

of sea fisheries resources, including—

(a)   

provision requiring vessels to be fitted with specified equipment;

(b)   

provision requiring vessels to carry on board specified persons, or

persons of a specified description, for the purpose of observing

10

activities carried out on those vessels;

(c)   

provision requiring specified items, or items of a specified description,

that are used in the exploitation of sea fisheries resources to be marked

in such manner as may be specified.

(8)   

Head 6 is provision requiring persons involved in the exploitation of sea

15

fisheries resources in an IFC district to provide the authority for the district

with specified information.

157     

Emergency byelaws

(1)   

A byelaw that is made by an IFC authority in the circumstances described in

subsection (2) has effect without being confirmed by the Secretary of State.

20

(2)   

The circumstances are that—

(a)   

the IFC authority considers that there is an urgent need for the byelaw,

and

(b)   

the need to make the byelaw could not reasonably have been foreseen.

(3)   

A byelaw that has effect by virtue of this section (an “emergency byelaw”)—

25

(a)   

comes into force on a date specified in the byelaw, and

(b)   

remains in force (unless revoked or extended) for such period, not

exceeding 12 months, as is specified in the byelaw.

(4)   

An IFC authority may, with the written approval of the Secretary of State,

extend the period for which an emergency byelaw is to remain in force.

30

(5)   

An IFC authority—

(a)   

may extend that period only once;

(b)   

may not extend that period by more than 6 months.

(6)   

The Secretary of State may not give the approval referred to in subsection (4)

unless satisfied that—

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(a)   

during the period for which the emergency byelaw has been in force,

the IFC authority has used its best endeavours to make a byelaw that

will make the emergency byelaw unnecessary, and

(b)   

there would be a significant and adverse effect on the marine

environment if the approval was not given.

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(7)   

An IFC authority must within 24 hours of making an emergency byelaw notify

the Secretary of State of it.

 
 

 
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