|
| |
|
| 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”. |
| |
| |
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 |
| |
| 20 |
(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 |
| |
| |
205 | Protection of private shellfish beds |
| |
(1) | Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is |
| 30 |
| |
(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 |
| |
| |
(5) | For subsection (6) substitute— |
| |
| |
|
| |
|
| |
|
“the grantees” means the persons for the time being entitled to the |
| |
right of several fishery conferred by the order under section 1 of |
| |
| |
“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) |
| |
| |
(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 |
| |
| 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 |
| |
| |
| 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 |
| |
(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 |
| |
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, |
| |
| |
(c) | the lobsters were taken for that purpose and in accordance with |
| 10 |
| |
(6) | After subsection (5) insert— |
| |
| |
“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— |
| |
| |
(ii) | the Northern Ireland zone, or |
| |
| 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 |
| |
| |
“Northern Ireland zone” has the same meaning as in the Northern |
| 25 |
| |
“Welsh zone” has the same meaning as in the Government of |
| |
| |
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) |
| |
| |
(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” |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
| |
(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. |
| |
| |
Migratory and freshwater fish |
| 20 |
| |
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 |
| |
| |
(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 |
| |
| |
(1B) | The appropriate national authority may by order amend subsection |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(7) | The following are omitted— |
| |
(a) | in subsection (1), the words “Subject to subsection (4) below,”; |
| |
| 10 |
| |
(1) | Section 2 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (roe, |
| |
spawning and unclean fish, etc) is amended as follows. |
| |
| |
(a) | for “salmon, trout or freshwater fish” substitute “salmon, trout, eels, |
| 15 |
lampreys, smelt, shad, freshwater fish or any specified fish in any |
| |
| |
(b) | in paragraph (b), for “any roe of salmon or trout” substitute “any fish |
| |
| |
| 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 |
| |
| |
(c) | in paragraph (b), for “any salmon, trout or freshwater fish” substitute |
| 25 |
| |
(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 |
| |
(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 |
| |
| 35 |
(7) | Subsection (3A) of section 1 above applies for the purposes of this |
| |
| |
| |
(1) | In section 25 of the Salmon and Freshwater Fisheries Act 1975 (licences 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 |
| 5 |
purposes of this section by order under section 40A below. |
| |
(1A) | In this Act “licensable means of fishing” means any of the following— |
| |
| |
(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 |
| |
(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 |
| |
| 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— |
| |
| |
(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— |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(1B) | The Agency may not make an order under subsection (1) above in |
| |
relation to licences for fishing for fish by— |
| 25 |
| |
(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 |
| |
| |
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 |
| |
|
| |
|