Marine and Coastal Access Bill [HL]

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Session 2008 - 09
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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
127


as it applies where an order under section 1 of this Act confers such a
right and imposes such restrictions or makes such regulations.
(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.”
5
203
Cancellation of licence after single relevant conviction
In section 4(7) of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (which enables a
licence 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”;
10
(b)
omit “, is subsequently convicted of another such offence”.
204
Register of licences
After section 4 of the Sea Fisheries (Shellfish) Act 1967 (licensing powers in case
of regulated fishery) insert—
“4ZA
Register of licences
15
(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
names and addresses of all persons who for the time being hold licences
issued by the grantees.
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(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.
(4)
The grantees shall make arrangements for the provision of a copy of an
entry in the register to any person on request.
25
(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.”
205
Protection of private shellfish beds
(1)
Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is
30
amended as follows.
(2)
In subsection (1)(b), for “private oyster bed” substitute “private shellfish bed”.
(3)
In subsections (2) and (3)—
(a)
for “oysters” substitute “relevant shellfish”;
(b)
for “private oyster bed” substitute “private shellfish bed”.
35
(4)
In subsections (4) and (5)(b), for “private oyster bed” substitute “private
shellfish bed”.
(5)
For subsection (6) substitute—
“(6)
In this section—

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

“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
the shellfish in respect of which the owner of the bed has private
5
rights independently of this Act.”
206
Use of implements of fishing
(1)
Section 7 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (protection of fisheries)
is amended as follows.
(2)
In subsection (4), at the end of paragraph (a)(ii) insert “or
10
(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
the fishery for such shellfish;”.
15
(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;
20
(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
25
with provision made by virtue of this subsection.”
207
Taking of crabs and lobsters for scientific purposes
(1)
Section 17 of the Sea Fisheries (Shellfish) Act 1967 (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)”.
30
(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
35
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
40
such authority.”
(4)
In subsection (3), for “and any person” substitute “and, subject to subsection
(3B) of this section, any person”.

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
129

(5)
Before subsection (4) insert—
“(3B)
Any person who lands any lobster falling within subsection (3) of this
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
5
the Northern Ireland zone,
(b)
the person has been granted authority by the appropriate body
to take such lobsters for the purpose of scientific investigation,
and
(c)
the lobsters were taken for that purpose and in accordance with
10
such authority.”
(6)
After subsection (5) insert—
“(6)
In this section—
“the appropriate body” means—
(a)
the Marine Management Organisation, in the case of
15
crabs and lobsters taken from that part of the sea that is
within British fishery limits and does not include—
(i)
the Scottish zone,
(ii)
the Northern Ireland zone, or
(iii)
the Welsh zone;
20
(b)
the Welsh Ministers, in the case of crabs and lobsters
taken from the Welsh zone;
“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
25
Ireland Act 1998;
“Welsh zone” has the same meaning as in the Government of
Wales Act 2006.”
208
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
30
certain crabs and lobsters prohibited) is amended as set out in subsections (2)
and (3) below.
(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
35
of the United Kingdom to which the order relates,”.
(3)
For subsection (3A) substitute—
“(3ZA)
In subsection (3) of this section “the appropriate national authority”
means—
(a)
in relation to England, the Secretary of State;
40
(b)
in relation to Wales, the Welsh Ministers;
(c)
in relation to Scotland, the Scottish Ministers.”
(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
45
Parliament;

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

(b)
in the case of an order in relation to Wales, be laid before the
National Assembly for Wales;
(c)
in the case of an order in relation to Scotland, be laid before the
Scottish Parliament.”
209
Power to appoint inspector before making orders as to fisheries for shellfish
5
(1)
Schedule 1 to the Sea Fisheries (Shellfish) Act 1967 (c. 83) (provisions with
respect to 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
10
“Where he considers it appropriate to do so, the appropriate Minister
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,”.
15
(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
20
Taking fish etc
210
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)—
25
(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”
30
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
35
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—

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

(a)
add any instrument to it; or
(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
5
from the baselines from which the breadth of the territorial sea is
measured.”
(7)
The following are omitted—
(a)
in subsection (1), the words “Subject to subsection (4) below,”;
(b)
subsection (4).
10
211
Roe etc
(1)
Section 2 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (roe,
spawning and unclean fish, etc) is amended as follows.
(2)
In subsection (1)—
(a)
for “salmon, trout or freshwater fish” substitute “salmon, trout, eels,
15
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”.
(3)
In subsection (2)—
20
(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”;
(c)
in paragraph (b), for “any salmon, trout or freshwater fish” substitute
25
“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.”
(5)
In subsection (5), for “salmon, trout or freshwater fish” substitute “fish of any
30
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
below.
35
(7)
Subsection (3A) of section 1 above applies for the purposes of this
section.”
212
Licences to fish
(1)
In section 25 of the Salmon and Freshwater Fisheries Act 1975 (licences to fish),

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
132

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
5
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
10
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
15
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;
(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
20
usage.”
(2)
In that section, in subsection (2), after “area or areas” insert “(or in waters of
such description or descriptions)”.
(3)
In that section, in subsection (4), the words from “gaff” to “tailer or” are
omitted.
25
(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
fish of any description in circumstances where he would for those
purposes otherwise require a fishing licence.
30
(11)
Permission under subsection (10) above—
(a)
must be in writing;
(b)
may be given generally or specifically;
(c)
may be given subject to conditions.”
(6)
In Schedule 2 to that Act (licences)—
35
(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—
“Historic installations
14A   (1)
Where a fishing licence is granted in respect of an historic
40
installation, the Agency may at any time, subject to this paragraph,
impose conditions on its use pursuant to the licence.

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
133

      (2)
Conditions under sub-paragraph (1) above are to be imposed by
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)
5
above where it considers that it is necessary to do so for the
protection of any fishery.”
213
Limitation of licences
(1)
Section 26 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (limitation
of fishing licences) is amended as follows.
10
(2)
In subsection (1)—
(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”.
15
(3)
After that subsection insert—
“(1A)
The Agency may only make an order under subsection (1) above in
relation to licences for fishing for fish of any description if it is satisfied
that it is necessary to do so for the purposes of—
(a)
maintaining, improving or developing fisheries of any fish
20
referred to in section 25(1) above; or
(b)
protecting the marine or aquatic environment from significant
harm.
(1B)
The Agency may not make an order under subsection (1) above in
relation to licences for fishing for fish by—
25
(a)
rod and line; or
(b)
an historic installation.”
(4)
In subsection (3), for “shall cause” substitute “may cause”.
(5)
For subsections (4) and (5) substitute—
“(4)
If it appears to the Agency that an order under this section would
30
prevent a person from fishing in circumstances where that person is
wholly dependent on the fishing for his livelihood, the Agency may
pay that person such amount by way of compensation as it considers
appropriate.”
214
Authorisation to fish
35
(1)
In the Salmon and Freshwater Fisheries Act 1975, in the heading to Part 4, after
“Fishing licences” insert “and authorisations”.
(2)
After section 27 of that Act insert—
“27A
Authorisation of fishing otherwise than by licensable means
(1)
The Agency may authorise a person to use any means, other than a
40
licensable means of fishing, to fish for—
(a)
salmon, trout, eels, lampreys, smelt and freshwater fish; and