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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”.

 
 

 
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