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]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
283

Schedule 16
Section 227(1)

Migratory and freshwater fish: consequential and supplementary
amendments
Salmon and Freshwater Fisheries Act 1975 (c. 51)
1
The Salmon and Freshwater Fisheries Act 1975 has effect subject to the
5
amendments in paragraphs 2 to 17.
2
Section 3 (nets) is omitted.
3     (1)
Section 5 (prohibition of use of explosives etc) is amended as follows.
      (2)
In subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”.
      (3)
In subsection (2)(b), at the end insert “, for which the Agency may charge a
10
fee”.
      (4)
After subsection (2) insert—
“(2A)
Subsection (1) above shall not apply to anything done pursuant to an
authorisation granted by the Agency under section 27A below.”
4
Sections 6 to 8 (fixed engines, fishing weirs and fishing mill dams) are
15
omitted.
5
Section 16 (boxes and cribs in weirs and dams) is omitted.
6
Section 17 (restrictions on taking salmon or trout above or below an
obstruction or in mill races) is omitted.
7
In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17”
20
substitute “or 15”.
8
Sections 19 to 21 (close seasons etc) are omitted.
9     (1)
Section 25 (licences to fish) is amended as follows.
      (2)
In subsection (2), for “an instrument” substitute “the means of fishing”.
      (3)
In subsection (3)—
25
(a)
for “an instrument” substitute “any means of fishing”;
(b)
for “the instrument” substitute “that means of fishing”.
10    (1)
Section 26 (limitation of fishing licences) is amended as follows.
      (2)
In subsection (1), for “the Minister” substitute “the appropriate national
authority”.
30
      (3)
In subsection (2)—
(a)
for “the Minister” substitute “the appropriate national authority”;
(b)
for “he” (in both places) substitute “that authority”;
(c)
for “his” substitute “that authority’s”;
(d)
for “him” substitute “that authority”.
35
      (4)
In subsection (3)—
(a)
for “The Minister” substitute “The appropriate national authority”;
(b)
for “him” substitute “that authority”;
(c)
for “he” substitute “that authority”.

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
284

      (5)
In subsection (6)—
(a)
for “The Minister” substitute “The appropriate national authority”;
(b)
for “him” substitute “that authority”;
(c)
for “he” substitute “that authority”.
      (6)
In subsection (7)—
5
(a)
for “the Minister”, in the first place, substitute “the appropriate
national authority”;
(b)
for “the Minister”, in the second place, substitute “that authority”.
11    (1)
Section 27 (unlicensed fishing) is amended as follows.
      (2)
The existing provision is renumbered as subsection (1).
10
      (3)
In that subsection, after “of any description” insert “by any licensable means
of fishing”.
      (4)
In that subsection, for paragraphs (a) and (b) substitute—
“(a)
fishes for or takes fish of that description by that means and—
(i)
is not entitled to use that means for that purpose
15
by virtue of a fishing licence, or
(ii)
is acting in breach of any condition of such a
licence, or
(b)
where that licensable means of fishing is an instrument, has
that instrument in his possession with intent to use it for that
20
purpose and is not entitled to use it for that purpose by virtue
of a fishing licence.”
      (5)
After that subsection insert—
“(2)
Subsection (1) above does not apply to a person where—
(a)
he has permission under section 25(10) above to take fish of
25
that description in that place by that means, and
(b)
he is not acting in breach of any condition of that
permission.”
12
In section 33 (orders and warrants to enter suspected premises), in
subsection (2), for “or any salmon, trout, freshwater fish or eels to have been
30
illegally taken” substitute “or an offence against this Act to have been
committed in the taking of any fish”.
13
In section 34 (power to apprehend persons fishing illegally), for the words
from “illegally takes or kills” to “by this Act” substitute “takes or kills any
fish where the taking or killing constitutes an offence under this Act, or is
35
found on or near any waters with intent to take or kill any fish where the
taking or killing would constitute an offence under this Act, or having an
instrument prohibited by this Act in his possession for the capture of any
fish, where the capture would constitute an offence under this Act”.
14    (1)
In section 41 (interpretation), subsection (1) is amended as follows.
40
      (2)
In the definition of “fixed engine”, in paragraph (d), for “salmon or trout”
substitute “fish”.
      (3)
After the definition of “general licence” insert—
““historic installation” has the meaning given by section 25
above;”.
45

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
285

      (4)
After the definition of “inland water” insert—
““licensable means of fishing” has the meaning given by section
25 above;”.
15
Schedule 1 (close seasons and close times) is omitted.
16    (1)
Schedule 2 (licences) is amended as follows.
5
      (2)
In paragraph 1(2), for “in special cases” substitute “in such cases as it
considers appropriate”.
      (3)
In paragraph 2, for the words from “different instruments” to “different
descriptions of fish” substitute “different descriptions of licence”.
      (4)
In paragraph 3, for “any instrument” substitute “any licensable means of
10
fishing”.
      (5)
In paragraph 4—
(a)
for “the Minister”, in the first place, substitute “the appropriate
national authority”;
(b)
for “the Minister”, in the second place, substitute “that authority”.
15
      (6)
In paragraph 5—
(a)
for “The Minister” substitute “The appropriate national authority”;
(b)
for “his” substitute “that authority’s”;
(c)
for “the Minister” substitute “that authority”.
      (7)
In paragraph 7—
20
(a)
for “an instrument” substitute “any licensable means of fishing”;
(b)
for “that instrument” substitute “that means”.
      (8)
In paragraph 9—
(a)
in sub-paragraph (1)—
(i)
for “an instrument of any description” substitute “any
25
licensable means of fishing”;
(ii)
for “with instruments of that description” substitute “by that
means”;
(iii)
for “an instrument of that description”, in the first place,
substitute “that means of fishing”;
30
(iv)
for “the instrument”, in the first place, substitute “that means
of fishing”;
(v)
in paragraph (b), for “an instrument of that description”,
substitute “that means of fishing”;
(vi)
in paragraph (c), for “the instrument” substitute “that means
35
of fishing”;
(b)
in sub-paragraph (2)—
(i)
for “an instrument of any description” substitute “any
licensable means of fishing”;
(ii)
for “an instrument of that description” substitute “that means
40
of fishing”;
(iii)
for “the instrument”, in the first place, substitute “that means
of fishing”;
(iv)
in paragraph (c), for “the instrument” substitute “that means
of fishing”.
45

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
286

      (9)
In paragraph 10, after “entered on” insert “or removed from”.
     (10)
In paragraph 13, for “the instrument”, in both places, substitute “the means
of fishing”.
     (11)
In paragraph 15, for “the instrument” substitute “the means of fishing”.
     (12)
In paragraph 17, for “instrument” substitute “other thing”.
5
17    (1)
Schedule 4 (offences) is amended as follows.
      (2)
In the table in paragraph 1(2), the entries relating to section 19(2), section
19(4), section 19(6), section 19(7) and section 21 are omitted.
      (3)
In that table, in the entry relating to section 27—
(a)
in the second column—
10
(i)
after “fishing for fish” insert “by licensable means of fishing”;
(ii)
after “unlicensed” insert “licensable”;
(b)
in the third column, in paragraph (a), for the words from
“instrument” to “rod and line” substitute “offence is one alleged to be
committed by use or possession of rod and line (only)”.
15
      (4)
In paragraph 1(3), for the words from “both” to the end substitute—
“(a)
both are engaged in committing—
(i)
an offence under section 1 above, other than one
committed without any instrument, or
(ii)
an offence under section 27 above, other than one
20
committed by means of a rod and line (only), or
(b)
one is aiding, abetting, counselling or procuring the
commission of such an offence by the other.”
      (5)
In paragraph 7, for “salmon, trout or freshwater fish” substitute “fish”.
      (6)
In paragraph 9—
25
(a)
after “any fishing or general licence” insert “or authorisation under
section 27A above”;
(b)
after “a fishing or general licence” (in both places) insert “or
authorisation under section 27A above”.
      (7)
In paragraph 10—
30
(a)
after “a fishing or general licence” insert “or authorisation under
section 27A above”;
(b)
after “the licence” (in every place) insert “or authorisation under
section 27A above”.
      (8)
In paragraph 11—
35
(a)
after “a fishing or general licence” insert “or authorisation under
section 27A above”;
(b)
after “a licence” insert “or authorisation”;
(c)
after “the licence” insert “or authorisation”.
Fisheries Act 1981 (c. 29)
40
18    (1)
In the Fisheries Act 1981, in Part 1 of Schedule 4 (offences to which section
33(1) of that Act applies), paragraph 6 is amended as follows.

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
287

      (2)
In paragraph (a), after “any fish” insert “to which paragraph 6 of that
Schedule applies”.
      (3)
After paragraph (a) insert—
“(aa)
specifying close seasons or times for the taking of any fish
to which that paragraph applies by such means as may be
5
prescribed by the byelaws;”.
      (4)
In paragraph (b), for “trout or any freshwater fish of a size” substitute “any
fish to which that paragraph applies of a size greater or”.
      (5)
In paragraph (c)—
(a)
for “salmon, trout, or freshwater fish” substitute “fish to which that
10
paragraph applies”;
(b)
the words “(not being a fixed engine)” are omitted.
      (6)
In paragraph (d)—
(a)
the words “(not being fixed engines)” are omitted;
(b)
for “salmon, trout, freshwater fish and eels” substitute “fish to which
15
that paragraph applies”.
      (7)
In paragraph (f)—
(a)
for “salmon or trout” substitute “fish to which that paragraph
applies”;
(b)
for “which is not licensed” substitute “which may not lawfully be
20
used”.
      (8)
In paragraph (g), for “the annual close season for salmon of a net capable of
taking salmon” substitute “any close season or time for any description of
fish to which that paragraph applies of a net capable of taking fish of that
description”.
25
Salmon Act 1986 (c. 62)
19
In section 32 of the Salmon Act 1986 (handling salmon in suspicious
circumstances), subsection (6)(a) is omitted.
Water Resources Act 1991 (c. 57)
20
The Water Resources Act 1991 has effect subject to the amendments in
30
paragraphs 21 to 25.
21
In section 115 (fisheries orders), in subsection (1)—
(a)
in paragraph (a), after “Salmon and Freshwater Fisheries Act 1975”
insert “(as amended by the Marine and Coastal Access Act 2009)”;
(b)
in paragraph (b), after “this Act” insert “(as so amended)”.
35
22
In section 116 (power to give effect to international obligations)—
(a)
the existing provision is renumbered as subsection (1);
(b)
after that subsection insert—
“(2)
In subsection (1), the reference to functions includes any
functions conferred on the Agency by virtue of the Marine
40
and Coastal Access Act 2009.”
23    (1)
Section 212 (compensation in respect of certain fisheries byelaws) is
amended as follows.

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
288

      (2)
In subsection (2)—
(a)
in paragraph (a)—
(i)
for “salmon, trout, or freshwater fish” substitute “any fish to
which paragraph 6 of that Schedule applies”;
(ii)
the words “(not being a fixed engine)” are omitted;
5
(b)
in paragraph (b)—
(i)
the words “(not being fixed engines)” are omitted;
(ii)
for “salmon, trout, freshwater fish and eels” substitute “any
such fish”.
24    (1)
In Schedule 25 (byelaw-making powers of the Agency), paragraph 6
10
(byelaws for purposes of fisheries functions) is amended as follows.
      (2)
In sub-paragraph (2)—
(a)
the words “Subject to paragraph 7(1) below” are omitted;
(b)
in paragraph (a), after “any fish” insert “to which this paragraph
applies”;
15
(c)
in paragraph (b)—
(i)
in sub-paragraph (i), for “trout or any freshwater fish”
substitute “any fish to which this paragraph applies”;
(ii)
in sub-paragraph (ii), after “fish” insert “to which this
paragraph applies”;
20
(d)
in paragraph (c)—
(i)
for “salmon, trout, or freshwater fish” substitute “fish to
which this paragraph applies”;
(ii)
the words “(not being a fixed engine)” are omitted;
(e)
in paragraph (d)—
25
(i)
the words “(not being fixed engines)” are omitted;
(ii)
for “salmon, trout, freshwater fish and eels” substitute “fish
to which this paragraph applies”;
(f)
in paragraph (g), the word “licensed” is omitted;
(g)
in paragraph (h)—
30
(i)
for “salmon or trout” substitute “fish to which this paragraph
applies”;
(ii)
for “which is not licensed” substitute “which may not
lawfully be used”;
(h)
in paragraph (i), for “the annual close season for salmon of a net
35
capable of taking salmon” substitute “any close season or time for
any description of fish to which this paragraph applies of a net
capable of taking fish of that description”.
      (3)
In sub-paragraph (5) for “salmon, trout, freshwater fish or eels” substitute
“fish to which this paragraph applies”.
40
25
In that Schedule, paragraph 7 is omitted.
Environment Act 1995 (c. 25)
26
In section 13 of the Environment Act 1995 (regional and local fisheries
advisory committees), in subsection (1)(a), for the words from “salmon
fisheries” to “eel fisheries” substitute “fisheries referred to in section 6(6)
45
above”.