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153 | Management of inshore fisheries |
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(1) | The authority for an IFC district must manage the exploitation of sea fisheries |
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resources in that district. |
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(2) | In performing its duty under subsection (1), the authority for an IFC district |
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(a) | seek to ensure that the exploitation of sea fisheries resources is carried |
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out in a sustainable way, |
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(b) | seek to balance the social and economic benefits of exploiting the sea |
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fisheries resources of the district with the need to protect the marine |
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environment from, or promote its recovery from, the effects of such |
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(c) | take any other steps which in the authority’s opinion are necessary or |
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expedient for the purpose of making a contribution to the achievement |
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of sustainable development, and |
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(d) | seek to balance the different needs of persons engaged in the |
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exploitation of sea fisheries resources in the district. |
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(3) | The Secretary of State may give guidance to the authority for an IFC district |
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with respect to the performance of its duty under subsection (1). |
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(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 |
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contribution to the achievement of sustainable development. |
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(5) | In performing its duty under subsection (1), the authority for an IFC district |
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must have regard to any guidance given to it by the Secretary of State. |
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(6) | Before giving any such guidance the Secretary of State must consult— |
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(a) | every IFC authority to which the Secretary of State is proposing to give |
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(b) | such other bodies or persons as the Secretary of State considers |
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(7) | In preparing any such guidance the Secretary of State must take into |
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(a) | the functions of IFC authorities, |
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(b) | functions which are exercisable in IFC districts by other bodies and |
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(c) | the resources available, or likely to be available, to each IFC authority |
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to which the Secretary of State is proposing to give guidance. |
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(8) | The Secretary of State must publish, in such manner as the Secretary of State |
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may determine, any guidance given to IFC authorities by virtue of subsection |
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(9) | An IFC authority that has been given any such guidance must provide any |
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person on request with a copy of the whole or any part of any such guidance. |
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(10) | In this Chapter “sea fisheries resources” means any animals or plants, other |
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than fish falling within subsection (11), that habitually live in the sea, including |
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those that are cultivated in the sea. |
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(11) | The fish referred to in subsection (10) are— |
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(a) | salmon, trout, eels, lampreys, smelt and shad; |
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(b) | any other fish of a kind which migrates from fresh to salt water, or from |
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salt to fresh water, in order to spawn; |
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| In this subsection “eels”, “freshwater fish”, “salmon”, “smelt” and “trout” have |
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the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (c. 51) |
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(see section 41 of that Act). |
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(12) | Any reference in this Chapter to the “exploitation” of sea fisheries resources is |
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a reference to any activity relating to the exploitation of such resources, |
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whether carried out for commercial purposes or otherwise, including— |
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(a) | fishing for, taking, retaining on board, trans-shipping, landing, |
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transporting or storing such resources, |
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(b) | selling, displaying, exposing or offering for sale or possessing such |
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(c) | introducing such resources to the sea or cultivating such resources. |
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154 | Protection of marine conservation zones |
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(1) | The authority for an IFC district must seek to ensure that the conservation |
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objectives of any MCZ in the district are furthered. |
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(2) | Nothing in section 153(2) is to affect the performance of the duty imposed by |
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(a) | “MCZ” means a marine conservation zone designated by an order |
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(b) | the reference to the conservation objectives of an MCZ is a reference to |
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the conservation objectives stated for the MCZ under section 117(2)(b). |
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155 | Power to make byelaws |
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(1) | For the purposes of performing the duty imposed by section 153 or the duty |
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imposed by section 154, the authority for an IFC district may make byelaws for |
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(2) | Byelaws made under this section must be observed within the district for |
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(3) | A byelaw made under this section does not have effect until it is confirmed by |
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| This is subject to section 157 (emergency byelaws). |
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(4) | The Secretary of State may confirm a byelaw without modification or with such |
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modifications as are agreed to by the IFC authority that made the byelaw. |
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(5) | Before confirming a byelaw, the Secretary of State may cause a local inquiry to |
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156 | Provision that may be made by byelaw |
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(1) | The provision that may be made by a byelaw under section 155 includes |
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provision falling within any one or more of the Heads set out in— |
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(a) | subsection (3) (prohibition or restriction of exploitation of sea fisheries |
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(b) | subsection (4) (permits), |
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(c) | subsection (5) (vessels, methods and gear), |
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(d) | subsection (6) (protection of fisheries for shellfish), |
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(e) | subsection (7) (monitoring of exploitation of resources); |
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(f) | subsection (8) (information). |
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(2) | In the following provisions of this section “specified” means specified in the |
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(3) | Head 1 is provision prohibiting or restricting the exploitation of sea fisheries |
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(a) | provision prohibiting or restricting such exploitation in specified areas |
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or during specified periods; |
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(b) | provision limiting the amount of sea fisheries resources a person or |
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vessel may take in a specified period; |
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(c) | provision limiting the amount of time a person or vessel may spend |
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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 |
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resources without a permit issued by an IFC authority, including— |
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(a) | provision for the charging of fees for permits; |
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(b) | provision enabling conditions to be attached to a permit; |
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(c) | provision enabling an IFC authority to limit the number of permits |
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(a) | provision prohibiting or restricting the use of vessels of specified |
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(b) | provision prohibiting or restricting any method of exploiting sea |
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(c) | provision prohibiting or restricting the possession, use, retention on |
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board, storage or transportation of specified items, or items of a |
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specified description, that are used in the exploitation of sea fisheries |
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(d) | provision for determining whether such items are items of a specified |
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(6) | Head 4 is provision for and in connection with the protection of fisheries for |
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(a) | provision requiring shellfish the removal or possession of which is |
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prohibited by or in pursuance of any Act to be re-deposited in specified |
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(b) | provision for the protection of culch and other material for the |
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reception of the spat or young of shellfish; |
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(c) | provision requiring such material to be re-deposited in specified |
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(d) | provision constituting, within an IFC district, a district of oyster |
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cultivation for the purposes of subsection (2)(c) of section 16 of the Sea |
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Fisheries (Shellfish) Act 1967 (c. 83) (which prohibits the sale of oysters |
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(e) | provision directing that section 17(2) of that Act (which affords a |
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defence to a person charged with an offence under that section) does |
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(7) | Head 5 is provision for and in connection with the monitoring of exploitation |
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of sea fisheries resources, including— |
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(a) | provision requiring vessels to be fitted with specified equipment; |
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(b) | provision requiring vessels to carry on board specified persons, or |
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persons of a specified description, for the purpose of observing |
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activities carried out on those vessels; |
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(c) | provision requiring specified items, or items of a specified description, |
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that are used in the exploitation of sea fisheries resources to be marked |
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in such manner as may be specified. |
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(8) | Head 6 is provision requiring persons involved in the exploitation of sea |
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fisheries resources in an IFC district to provide the authority for the district |
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with specified information. |
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(1) | A byelaw that is made by an IFC authority in the circumstances described in |
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subsection (2) has effect without being confirmed by the Secretary of State. |
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(2) | The circumstances are that— |
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(a) | the IFC authority considers that there is an urgent need for the byelaw, |
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(b) | the need to make the byelaw could not reasonably have been foreseen. |
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(3) | A byelaw that has effect by virtue of this section (an “emergency byelaw”)— |
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(a) | comes into force on a date specified in the byelaw, and |
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(b) | remains in force (unless revoked or extended) for such period, not |
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exceeding 12 months, as is specified in the byelaw. |
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(4) | An IFC authority may, with the written approval of the Secretary of State, |
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extend the period for which an emergency byelaw is to remain in force. |
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(a) | may extend that period only once; |
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(b) | may not extend that period by more than 6 months. |
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(6) | The Secretary of State may not give the approval referred to in subsection (4) |
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(a) | during the period for which the emergency byelaw has been in force, |
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the IFC authority has used its best endeavours to make a byelaw that |
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will make the emergency byelaw unnecessary, and |
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(b) | there would be a significant and adverse effect on the marine |
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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 |
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the Secretary of State of it. |
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