Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
139

(a)
in accordance with provision made by the byelaw, or
(b)
if the byelaw does not contain provision for its expiry, at the
end of the period of twelve months beginning with the day
on which it comes into force.
      (2)
A byelaw may not under sub-paragraph (1)(a) above remain in force
5
for longer than the period of twelve months beginning with the day
on which it comes into force.
7     (1)
The Agency may, at any time before an emergency fisheries byelaw
expires, apply to the appropriate national authority for it to be
extended.
10
      (2)
On such an application, the appropriate national authority may
extend the byelaw at any time before its expiry, provided the
authority is satisfied that—
(a)
the byelaw is still needed to prevent or limit the harm
referred to in paragraph 1(2)(a) above, and
15
(b)
the need for the extension could not reasonably have been
avoided by the Agency.
      (3)
A byelaw may be extended under sub-paragraph (2) above for such
period not exceeding six months as the appropriate national
authority may specify.
20
      (4)
A byelaw may not be extended under sub-paragraph (2) above on
more than one occasion.
Availability
8     (1)
Every emergency fisheries byelaw shall be printed and deposited at
one or more of the offices of the Agency, including (if there is one) at
25
an office in the area to which the byelaw applies; and copies of the
byelaw shall be available at those offices, at all reasonable times, for
inspection by the public free of charge.
      (2)
Every person shall be entitled, on application to the Agency and on
payment of such reasonable sum as the Agency may determine, to be
30
furnished with a copy of any emergency fisheries byelaw so
deposited by the Agency.
Proof
9
The production of a printed copy of an emergency fisheries byelaw
purporting to be made by the Agency upon which is indorsed a
35
certificate, purporting to be signed on its behalf, stating—
(a)
that the byelaw was made by the Agency, and
(b)
that the copy is a true copy of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and
without proof of the handwriting or official position of any person
40
purporting to sign the certificate.
“Appropriate national authority”
10
In this Schedule “appropriate national authority” has the same
meaning as in the Salmon and Freshwater Fisheries Act 1975.”

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
140

220
Byelaws: enforcement
In section 211 of the Water Resources Act 1991 (c. 57) (enforcement of byelaws),
in subsection (3), for the words from “to a fine” to the end substitute—
“(a)
in the case of byelaws made by virtue of paragraph 4, to a fine
not exceeding level 4 on the standard scale or such smaller sum
5
as may be specified in the byelaws;
(b)
in the case of byelaws made by virtue of paragraph 6, to a fine
not exceeding £50,000.”
221
Byelaws: compensation
(1)
Section 212 of the Water Resources Act 1991 (compensation in respect of certain
10
fisheries byelaws) is amended as follows.
(2)
In subsection (1), for the words from “the claim” to the end substitute “the
Agency may pay that person such amount by way of compensation as it
considers appropriate.”
(3)
Subsection (3) is omitted.
15
Supplementary
222
Theft of fish from private fisheries etc
(1)
In the Theft Act 1968 (c. 60), in Schedule 1 (offences of taking or destroying
fish), paragraph 2 is amended as follows.
(2)
For sub-paragraph (1) substitute—
20
    “(1)
A person who unlawfully takes or destroys, or attempts to take or
destroy, any fish in water which is private property or in which there
is any private right of fishery shall on summary conviction be liable
to a fine not exceeding level 5 on the standard scale.”
(3)
Sub-paragraph (2) is omitted.
25
(4)
In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1)
above”.
223
Handling fish
(1)
Section 32 of the Salmon Act 1986 (c. 62) (handling salmon in suspicious
circumstances) is amended as follows.
30
(2)
In the heading, for “salmon” substitute “fish”.
(3)
In subsection (1)—
(a)
for “any salmon” substitute “any fish to which this section applies”;
(b)
for “the salmon” substitute “that fish”;
(c)
the words “by or for the benefit of another person” are omitted.
35
(4)
After that subsection insert—
“(1A)
This section applies to—
(a)
salmon, trout, eels, lampreys, smelt and freshwater fish; and

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
141

(b)
fish of such other description as may be specified for the
purposes of this section by order under section 40A of the
Salmon and Freshwater Fisheries Act 1975.”
(5)
In subsection (2)—
(a)
for “a salmon” substitute “a fish to which this section applies”;
5
(b)
in paragraph (a)—
(i)
after “or landing” insert “, or selling,”;
(ii)
for “that salmon” substitute “that fish”;
(c)
in paragraph (b)—
(i)
for “that salmon” substitute “that fish”;
10
(ii)
after “or landed,” insert “or sold,”.
(6)
In subsection (3), for “salmon” substitute “fish”.
(7)
In subsection (4), for “salmon” substitute “fish to which this section applies”.
(8)
In subsection (5)—
(a)
in paragraph (a), for the words from “to imprisonment” to the end
15
substitute “to a fine not exceeding the statutory maximum”;
(b)
in paragraph (b), for the words from “to imprisonment” to the end
substitute “to a fine”.
(9)
In subsection (7)—
(a)
after “or landing” insert “, or selling,”
20
(b)
for “a salmon” substitute “a fish to which this section applies”;
(c)
for “the salmon” substitute “the fish”;
(d)
at the end insert “or sold”.
(10)
At the end insert—
“(8)
In this section “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater
25
fish” have the same meanings as in the Salmon and Freshwater
Fisheries Act 1975.”
224
Duties of the Environment Agency
(1)
Section 6 of the Environment Act 1995 (c. 25) (general duties of the Agency) is
amended as follows.
30
(2)
In subsection (6), for the words from “salmon” to the end substitute “fisheries
of—
(a)
salmon, trout, eels, lampreys, smelt and freshwater fish, and
(b)
fish of such other description as may be specified for the purposes of
this subsection by order under section 40A of the Salmon and
35
Freshwater Fisheries Act 1975”.
(3)
In subsection (8), at the end insert—
““salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish”
have the same meanings as in the Salmon and Freshwater
Fisheries Act 1975”.
40

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
142

225
Tweed and Esk fisheries
(1)
Section 111 of the Scotland Act 1998 (c. 46) (regulation of Tweed and Esk
fisheries) is amended as follows.
(2)
In subsection (1), for “salmon, trout, eels and freshwater fish” substitute
“salmon, trout, eels, lampreys, smelt, shad and freshwater fish”.
5
(3)
In subsection (4), in the definition of “conservation”, for “salmon, trout, eels
and freshwater fish,” substitute “salmon, trout, eels, lampreys, smelt, shad and
freshwater fish,”.
(4)
In subsection (4), in the definition of “eels”, “freshwater fish”, “salmon” and
“trout”—
10
(a)
after ““eels”,” insert ““fish”,”;
(b)
after ““salmon”” insert “, “smelt””;
(c)
after “Salmon and Freshwater Fisheries Act 1975” insert “(as amended
by the Marine and Coastal Access Act 2009)”.
(5)
At the end insert—
15
“(6)
An Order under subsection (1) may amend that subsection so as to—
(a)
add any description of fish to it, or
(b)
remove any description of fish from it.”
226
Keeping, introduction and removal of fish
(1)
The appropriate national authority may by regulations make provision for the
20
purpose of prohibiting persons, in such cases as may be specified in the
regulations, from carrying on any of the activities specified in subsection (2)
otherwise than under and in accordance with a permit issued by the
Environment Agency.
(2)
The activities referred to in subsection (1) are—
25
(a)
keeping any fish in the area to which this section applies;
(b)
introducing any fish into any inland waters in that area;
(c)
removing any fish from any inland waters in that area.
(3)
The area to which this section applies is the area consisting of—
(a)
England,
30
(b)
Wales, and
(c)
so much of the catchment area of the River Esk as is in Scotland.
(4)
The references in subsection (2)(b) and (c) to inland waters do not include the
River Tweed.
(5)
Regulations made under this section may in particular—
35
(a)
make provision as to the descriptions of permits to be issued;
(b)
specify the manner and form of an application for a permit from the
Environment Agency to carry out any activity specified in subsection
(2) and the sum, or maximum sum, to be paid on the making of such an
application;
40
(c)
specify the circumstances in which such an application is to be granted
or refused and any considerations which the Environment Agency may
or must take into account when determining whether or not to issue
such a permit;

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
143

(d)
specify the conditions that may be incorporated into such a permit;
(e)
make provision for the amendment, suspension or revocation of such a
permit;
(f)
make provision authorising the Environment Agency to exempt
persons from any requirement under the regulations to obtain such a
5
permit;
(g)
make provision as to the effect of a prohibition under regulations made
under this section on fishing pursuant to any licence, authorisation,
permission, or right to fish;
(h)
make provision enabling the Environment Agency to require a person
10
in breach of any requirement under regulations made under this
section, or in breach of any condition of a permit under such
regulations—
(i)
to take steps to ensure that the position is, so far as possible,
restored to what it would have been had there been no such
15
breach;
(ii)
to allow the Environment Agency to take such steps;
(iii)
to pay to the Environment Agency a sum representing
reasonable expenses of any such steps taken or to be taken by
the Agency;
20
(i)
make provision creating criminal offences for the purpose of securing
compliance with regulations made under this section or of any
requirements under paragraph (h);
(j)
make other provision for the enforcement of requirements under the
regulations, including provision conferring the following powers on
25
the Agency—
(i)
powers of entry;
(ii)
powers of search and seizure;
(iii)
powers to destroy or release any fish seized.
(6)
Provision under subsection (5)(a) may specify that a permit may be issued—
30
(a)
in respect of one or more of the activities specified in subsection (2);
(b)
in relation to the carrying on of any one or more of those activities on
one occasion or more than one occasion;
(c)
for periods of limited or unlimited duration.
(7)
Provision under subsection (5)(i) must provide that where a person is guilty of
35
an offence created under that subsection, the person is liable—
(a)
on summary conviction, to a fine not exceeding £50,000;
(b)
on conviction on indictment, to a fine.
(8)
In this section—
“appropriate national authority” means—
40
(a)
the Secretary of State, otherwise than in relation to Wales;
(b)
the Welsh Ministers, in relation to Wales;
references to “fish” include the spawn of fish;
“inland waters” has the same meaning as in the Water Resources Act 1991
(c. 57);
45
“River Tweed” means “the river” within the meaning of the Tweed
Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.