Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
125

199
Increase in penalties for certain offences relating to fisheries for shellfish
(1)
The Sea Fisheries (Shellfish) Act 1967 (c. 83) is amended as follows.
(2)
In section 3(3) (offence of dredging, fishing for or taking shellfish in
contravention of any restriction or regulation, etc.), for “level 5 on the standard
scale” substitute “£50,000”.
5
(3)
In section 7(4) (offences in relation to certain fisheries), for “level 5 on the
standard scale” substitute “£50,000”.
200
Liability of master, etc where vessel used in commission of offence
(1)
In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of
regulating a fishery), after subsection (4) insert—
10
“(5)
Where any sea fishing boat is used in the commission of an offence
under subsection (3) of this section, the master, the owner and the
charterer (if any) shall each be guilty of an offence and liable on
summary conviction to a fine not exceeding £50,000.”
(2)
In section 22(2) of that Act (interpretation), after the definition of “land”
15
insert—
““master” includes, in relation to any sea fishing boat, the person
for the time being in command or charge of the boat;”.
201
Restrictions imposed by grantees, etc
In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of
20
regulating a fishery), after subsection (5) (inserted by section 200) insert—
“(6)
Subsection (1) of this section applies where an order under section 1 of
this Act—
(a)
confers on the grantees a right of regulating a fishery, and
(b)
by virtue of section 15(3) of the Sea Fisheries Act 1968, enables
25
the grantees to impose restrictions on, or make regulations
respecting, the dredging, fishing for and taking of shellfish
within the limits of the regulated fishery or part,

as it applies where an order under section 1 of this Act confers such a
right and imposes such restrictions or makes such regulations.
30
(7)
Accordingly, any reference in this section to restrictions or regulations
is to be read as including a reference to any restrictions imposed by, or
any regulations made by, the grantees.”
202
Cancellation of licence after single relevant conviction
In section 4(7) of the Sea Fisheries (Shellfish) Act 1967 (which enables a licence
35
granted in respect of a regulated fishery to be cancelled if the holder is
convicted of two relevant offences)—
(a)
for “, having been convicted” substitute “is convicted”;
(b)
omit “, is subsequently convicted of another such offence”.
203
Register of licences
40
After section 4 of the Sea Fisheries (Shellfish) Act 1967 (licensing powers in case

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
126

of regulated fishery) insert—
“4ZA
Register of licences
(1)
This section applies where the grantees of an order to which section 4
of this Act applies issue one or more licences in pursuance of the order.
(2)
The grantees shall establish and maintain a register containing the
5
names and addresses of all persons who for the time being hold licences
issued by the grantees.
(3)
The register shall be available for inspection free of charge by any
person at such place or places, and during such hours, as are
determined by the grantees.
10
(4)
The grantees shall make arrangements for the provision of a copy of an
entry in the register to any person on request.
(5)
The arrangements that may be made under subsection (4) of this section
include arrangements for the payment of a reasonable fee by the person
making the request.”
15
204
Protection of private shellfish beds
(1)
Section 7 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (protection of fisheries)
is amended as follows.
(2)
In subsection (1)(b), for “private oyster bed” substitute “private shellfish bed”.
(3)
In subsections (2) and (3)—
20
(a)
for “oysters” substitute “relevant shellfish”;
(b)
for “private oyster bed” substitute “private shellfish bed”.
(4)
In subsections (4) and (5)(b), for “private oyster bed” substitute “private
shellfish bed”.
(5)
For subsection (6) substitute—
25
“(6)
In this section—
“the grantees” means the persons for the time being entitled to the
right of several fishery conferred by the order under section 1 of
this Act;
“relevant shellfish”, in relation to a private shellfish bed, means
30
the shellfish in respect of which the owner of the bed has private
rights independently of this Act.”
205
Use of implements of fishing
(1)
Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is
amended as follows.
35
(2)
In subsection (4), at the end of paragraph (a)(ii) insert “or
(iii)
in the case of several fishery, an implement of a type
specified by or under the order and so used as not to
disturb or injure in any manner shellfish of the
description in question or any bed for such shellfish or
40
the fishery for such shellfish;”.

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
127

(3)
After subsection (4) insert—
“(4A)
The power to specify a type of implement for the purposes of
subsection (4)(a)(iii) of this section includes power to specify—
(a)
periods during which implements of that type may or may not
be used;
5
(b)
parts of the area of the fishery with respect to which the right of
several fishery is conferred in which implements of that type
may or may not be used.

The exception in subsection (4)(a)(iii) of this section does not apply in a
case of a person who uses an implement otherwise than in accordance
10
with provision made by virtue of this subsection.”
206
Taking of crabs and lobsters for scientific purposes
(1)
Section 17 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (taking and sale of
certain crabs and lobsters prohibited) is amended as follows.
(2)
In subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”.
15
(3)
After subsection (2) insert—
“(2A)
Any person who takes or has in his possession any edible crab falling
within paragraph (a) or (b) of subsection (1) of this section shall not be
guilty of an offence under that subsection if—
(a)
the crabs were taken from that part of the sea that is within
20
British fishery limits and does not include the Scottish zone or
the Northern Ireland zone,
(b)
the person has been granted authority by the appropriate body
to take such crabs for the purpose of scientific investigation, and
(c)
the crabs were taken for that purpose and in accordance with
25
such authority.”
(4)
In subsection (3), for “and any person” substitute “and, subject to subsection
(3B) of this section, any person”.
(5)
Before subsection (4) insert—
“(3B)
Any person who lands any lobster falling within subsection (3) of this
30
section shall not be guilty of an offence under that subsection if—
(a)
the lobsters were taken from that part of the sea that is within
British fishery limits and does not include the Scottish zone or
the Northern Ireland zone,
(b)
the person has been granted authority by the appropriate body
35
to take such lobsters for the purpose of scientific investigation,
and
(c)
the lobsters were taken for that purpose and in accordance with
such authority.”
(6)
After subsection (5) insert—
40
“(6)
In this section—
“the appropriate body” means—
(a)
the Marine Management Organisation, in the case of
crabs and lobsters taken from that part of the sea that is
within British fishery limits and does not include—
45

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
128

(i)
the Scottish zone,
(ii)
the Northern Ireland zone, or
(iii)
the Welsh zone;
(b)
the Welsh Ministers, in the case of crabs and lobsters
taken from the Welsh zone;
5
“British fishery limits” has the meaning given by section 1 of the
Fishery Limits Act 1976;
“Northern Ireland zone” has the same meaning as in the Northern
Ireland Act 1998;
“Welsh zone” has the same meaning as in the Government of
10
Wales Act 2006.”
207
Orders prohibiting the taking and sale of certain lobsters
(1)
Section 17 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (taking and sale of
certain crabs and lobsters prohibited) is amended as set out in subsections (2)
and (3) below.
15
(2)
In subsection (3) (orders prohibiting the taking and sale of certain lobsters), for
the words from “If the Minister” to “England and Wales,” substitute “If the
appropriate national authority by order so directs, no person shall, in the part
of the United Kingdom to which the order relates,”.
(3)
For subsection (3A) substitute—
20
“(3ZA)
In subsection (3) of this section “the appropriate national authority”
means—
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales, the Welsh Ministers;
(c)
in relation to Scotland, the Scottish Ministers.”
25
(4)
In section 20(3) of that Act (procedure for orders made under section 17(3)), for
the words from “shall be laid before Parliament” to the end substitute “shall—
(a)
in the case of an order in relation to England, be laid before
Parliament;
(b)
in the case of an order in relation to Wales, be laid before the
30
National Assembly for Wales;
(c)
in the case of an order in relation to Scotland, be laid before the
Scottish Parliament.”
208
Power to appoint inspector before making orders as to fisheries for shellfish
(1)
Schedule 1 to the Sea Fisheries (Shellfish) Act 1967 (provisions with respect to
35
making of orders under section 1) is amended as follows.
(2)
In paragraph 4 (appointment of inspector)—
(a)
omit sub-paragraph (1);
(b)
in sub-paragraph (2), for “The appropriate Minister shall” substitute
“Where he considers it appropriate to do so, the appropriate Minister
40
may”.
(3)
Omit paragraph 5.
(4)
In paragraph 6, after “in paragraph 3 above or” insert “, in a case where an
inspector has been appointed under paragraph 4 above,”.

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
129

(5)
The amendments made by this section do not apply in relation to any
application made for an order under section 1 of that Act before the coming
into force of this section.
Chapter 3
Migratory and freshwater fish
5
Taking fish etc
209
Prohibited implements
(1)
In the Salmon and Freshwater Fisheries Act 1975 (c. 51), section 1 (prohibited
implements) is amended as follows.
(2)
In subsection (1), in paragraph (a)—
10
(a)
in sub-paragraph (iv) after “gaff,” insert “tailer,”;
(b)
for “salmon, trout or freshwater fish” substitute “salmon, trout, eels,
lampreys, smelt, shad, freshwater fish and any specified fish in any
waters”.
(3)
In that subsection, in paragraph (b), for “salmon, trout or freshwater fish”
15
substitute “any such fish in any waters”.
(4)
In that subsection, in paragraph (c), for “any salmon, trout or freshwater fish”
substitute “any such fish in any waters”.
(5)
After that subsection insert—
“(1A)
In this section “specified fish” means fish of such description as may be
20
specified for the purposes of this section by order under section 40A
below.
(1B)
The appropriate national authority may by order amend subsection
(1)(a) above so as to—
(a)
add any instrument to it; or
25
(b)
remove any instrument for the time being specified in it.”
(6)
After subsection (3) insert—
“(3A)
References in this section to any waters include waters adjoining the
coast of England and Wales to a distance of six nautical miles measured
from the baselines from which the breadth of the territorial sea is
30
measured.”
(7)
The following are omitted—
(a)
in subsection (1), the words “Subject to subsection (4) below,”;
(b)
subsection (4).
210
Roe etc
35
(1)
Section 2 of the Salmon and Freshwater Fisheries Act 1975 (roe, spawning and
unclean fish, etc) is amended as follows.
(2)
In subsection (1)—

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
130

(a)
for “salmon, trout or freshwater fish” substitute “salmon, trout, eels,
lampreys, smelt, shad, freshwater fish or any specified fish in any
waters”;
(b)
in paragraph (b), for “any roe of salmon or trout” substitute “any fish
roe”.
5
(3)
In subsection (2)—
(a)
after “subsections (3)” insert “, (3A)”;
(b)
in paragraph (a), for “salmon, trout or freshwater fish” substitute
“salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in
any waters”;
10
(c)
in paragraph (b), for “any salmon, trout or freshwater fish” substitute
“any such fish”.
(4)
After subsection (3) insert—
“(3A)
Subsection (2) above does not apply where a person takes an immature
freshwater fish in circumstances prescribed by byelaws.”
15
(5)
In subsection (5), for “salmon, trout or freshwater fish” substitute “fish of any
description”.
(6)
After that subsection insert—
“(6)
In this section “specified fish” means fish of such description as may be
specified for the purposes of this section by order under section 40A
20
below.
(7)
Subsection (3A) of section 1 above applies for the purposes of this
section.”
211
Licences to fish
(1)
In section 25 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (licences
25
to fish), for subsection (1) substitute—
“(1)
The Agency shall by means of a system of licensing regulate fishing by
licensable means of fishing for—
(a)
salmon, trout, eels, lampreys, smelt and freshwater fish; and
(b)
fish of such other description as may be specified for the
30
purposes of this section by order under section 40A below.
(1A)
In this Act “licensable means of fishing” means any of the following—
(a)
rod and line;
(b)
an historic installation;
(c)
such other means of fishing as the appropriate national
35
authority may by order specify.
(1B)
In this Act “historic installation” means any of the following—
(a)
a fixed engine certified in pursuance of the Salmon Fishery Act
1865 to be a privileged fixed engine;
(b)
a fixed engine which was in use for taking salmon or migratory
40
trout during the open season of 1861, in pursuance of an ancient
right or mode of fishing as lawfully exercised during that open
season, by virtue of any grant or charter or immemorial usage;

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
131

(c)
a fishing weir or fishing mill dam which was lawfully in use on
6th August 1861 by virtue of a grant or charter or immemorial
usage.”
(2)
In that section, in subsection (2), after “area or areas” insert “(or in waters of
such description or descriptions)”.
5
(3)
In that section, in subsection (4), the words from “gaff” to “tailer or” are
omitted.
(4)
In that section, subsections (5) and (6) are omitted.
(5)
In that section, at the end insert—
“(10)
For the purposes of this Part, the Agency may permit a person to take
10
fish of any description in circumstances where he would for those
purposes otherwise require a fishing licence.
(11)
Permission under subsection (10) above—
(a)
must be in writing;
(b)
may be given generally or specifically;
15
(c)
may be given subject to conditions.”
(6)
In Schedule 2 to that Act (licences)—
(a)
in paragraph 11, the words from “together” to the end are omitted;
(b)
paragraph 12 is omitted.
(7)
In that Schedule, after paragraph 14 insert—
20
“Historic installations
14A   (1)
Where a fishing licence is granted in respect of an historic
installation, the Agency may at any time, subject to this paragraph,
impose conditions on its use pursuant to the licence.
      (2)
Conditions under sub-paragraph (1) above are to be imposed by
25
notice in writing to the person holding the licence.
      (3)
A notice under sub-paragraph (1) above may be varied or revoked by
a further such notice.
      (4)
The Agency may only impose conditions under sub-paragraph (1)
above where it considers that it is necessary to do so for the
30
protection of any fishery.”
212
Limitation of licences
(1)
Section 26 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (limitation
of fishing licences) is amended as follows.
(2)
In subsection (1)—
35
(a)
at the beginning insert “Subject to this section”;
(b)
in paragraph (a), for the words from “to be issued” to “rod and line”
substitute “of any description to be issued pursuant to section 25 above
in any year in relation to that area or those areas”.