|
| |
| |
| |
9 | The production of a printed copy of an emergency fisheries byelaw |
| |
purporting to be made by the Agency upon which is indorsed a |
| |
certificate, purporting to be signed on its behalf, stating— |
| |
(a) | that the byelaw was made by the Agency, and |
| 5 |
(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 |
| |
purporting to sign the certificate. |
| |
“Appropriate national authority” |
| 10 |
10 | In this Schedule “appropriate national authority” has the same |
| |
meaning as in the Salmon and Freshwater Fisheries Act 1975.” |
| |
| |
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— |
| 15 |
“(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 |
| |
as may be specified in the byelaws; |
| |
(b) | in the case of byelaws made by virtue of paragraph 6, to a fine |
| |
| 20 |
222 | Byelaws: compensation |
| |
(1) | Section 212 of the Water Resources Act 1991 (compensation in respect of certain |
| |
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 |
| 25 |
| |
(3) | Subsection (3) is omitted. |
| |
| |
223 | Theft of fish from private fisheries etc |
| |
(1) | In the Theft Act 1968 (c. 60), in Schedule 1 (offences of taking or destroying |
| 30 |
fish), paragraph 2 is amended as follows. |
| |
(2) | For sub-paragraph (1) substitute— |
| |
“(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 |
| 35 |
to a fine not exceeding level 5 on the standard scale.” |
| |
(3) | Sub-paragraph (2) is omitted. |
| |
(4) | In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1) |
| |
| |
| |
| |
|
| |
| |
| |
(1) | Section 32 of the Salmon Act 1986 (c. 62) (handling salmon in suspicious |
| |
circumstances) is amended as follows. |
| |
(2) | In the heading, for “salmon” substitute “fish”. |
| |
| 5 |
(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. |
| |
(4) | After that subsection insert— |
| |
“(1A) | This section applies to— |
| 10 |
(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 section by order under section 40A of the |
| |
Salmon and Freshwater Fisheries Act 1975.” |
| |
| 15 |
(a) | for “a salmon” substitute “a fish to which this section applies”; |
| |
| |
(i) | after “or landing” insert “, or selling,”; |
| |
(ii) | for “that salmon” substitute “that fish”; |
| |
| 20 |
(i) | for “that salmon” substitute “that fish”; |
| |
(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”. |
| |
| 25 |
(a) | in paragraph (a), for the words from “to imprisonment” to the end |
| |
substitute “to a fine not exceeding the statutory maximum”; |
| |
(b) | in paragraph (b), for the words from “to imprisonment” to the end |
| |
| |
| 30 |
(a) | after “or landing” insert “, or selling,” |
| |
(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”. |
| |
| 35 |
“(8) | In this section “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater |
| |
fish” have the same meanings as in the Salmon and Freshwater |
| |
| |
225 | Duties of the Environment Agency |
| |
(1) | Section 6 of the Environment Act 1995 (c. 25) (general duties of the Agency) is |
| 40 |
| |
| |
| |
|
| |
| |
(2) | In subsection (6), for the words from “salmon” to the end substitute “fisheries |
| |
| |
(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 |
| 5 |
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 |
| |
| 10 |
| |
226 | 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 |
| 15 |
“salmon, trout, eels, lampreys, smelt, shad and freshwater fish”. |
| |
(3) | In subsection (4), in the definition of “conservation”, for “salmon, trout, eels |
| |
and freshwater fish,” substitute “salmon, trout, eels, lampreys, smelt, shad and |
| |
| |
(4) | In subsection (4), in the definition of “eels”, “freshwater fish”, “salmon” and |
| 20 |
| |
(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)”. |
| 25 |
| |
“(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.” |
| |
227 | Keeping, introduction and removal of fish |
| 30 |
(1) | The appropriate national authority may by regulations make provision for the |
| |
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 |
| |
| 35 |
(2) | The activities referred to in subsection (1) are— |
| |
(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— |
| 40 |
| |
| |
(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 |
| |
| |
(5) | Regulations made under this section may in particular— |
| |
(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 |
| 5 |
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 |
| |
| |
(c) | specify the circumstances in which such an application is to be granted |
| |
or refused and any considerations which the Environment Agency may |
| 10 |
or must take into account when determining whether or not to issue |
| |
| |
(d) | specify the conditions that may be incorporated into such a permit; |
| |
(e) | make provision for the amendment, suspension or revocation of such a |
| |
| 15 |
(f) | make provision authorising the Environment Agency to exempt |
| |
persons from any requirement under the regulations to obtain such a |
| |
| |
(g) | make provision as to the effect of a prohibition under regulations made |
| |
under this section on fishing pursuant to any licence, authorisation, |
| 20 |
permission, or right to fish; |
| |
(h) | make provision enabling the Environment Agency to require a person |
| |
in breach of any requirement under regulations made under this |
| |
section, or in breach of any condition of a permit under such |
| |
| 25 |
(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 |
| |
| |
(ii) | to allow the Environment Agency to take such steps; |
| |
(iii) | to pay to the Environment Agency a sum representing |
| 30 |
reasonable expenses of any such steps taken or to be taken by |
| |
| |
(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); |
| 35 |
(j) | make other provision for the enforcement of requirements under the |
| |
regulations, including provision conferring the following powers on |
| |
| |
| |
(ii) | powers of search and seizure; |
| 40 |
(iii) | powers to destroy or release any fish seized. |
| |
(6) | Provision under subsection (5)(a) may specify that a permit may be issued— |
| |
(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; |
| 45 |
(c) | for periods of limited or unlimited duration. |
| |
(7) | Provision under subsection (5)(i) must provide that where a person is guilty of |
| |
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. |
| 50 |
| |
| |
|
| |
| |
| |
“appropriate national authority” means— |
| |
(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; |
| 5 |
“inland waters” has the same meaning as in the Water Resources Act 1991 |
| |
| |
“River Tweed” means “the river” within the meaning of the Tweed |
| |
Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws. |
| |
228 | Consequential and supplementary amendments |
| 10 |
(1) | Schedule 16 (which contains consequential and supplementary amendments |
| |
relating to this Chapter) has effect. |
| |
(2) | The following provisions of the Salmon and Freshwater Fisheries Act 1975 |
| |
(c. 51) (which are obsolete or no longer of practical utility) are omitted— |
| |
(a) | in section 4 (poisonous matter etc), subsection (2); |
| 15 |
(b) | section 23 (export of salmon and trout); |
| |
(c) | section 24 (consignment of salmon and trout). |
| |
| |
Obsolete fisheries enactments |
| |
229 | Repeal of spent or obsolete enactments |
| 20 |
The following enactments are repealed— |
| |
(a) | the White Herring Fisheries Act 1771 (c. 31); |
| |
(b) | the Seal Fishery Act 1875 (c. 18); |
| |
(c) | section 13 of the Fisheries Act 1891 (c. 37) (proceedings for enforcement |
| |
of Acts relating to salmon and freshwater fisheries); |
| 25 |
(d) | the North Sea Fisheries Act 1893 (c. 17); |
| |
(e) | the Behring Sea Award Act 1894 (c. 2); |
| |
(f) | the Seal Fisheries (North Pacific) Act 1895 (c. 21); |
| |
(g) | the Seal Fisheries (North Pacific) Act 1912 (c. 10); |
| |
(h) | sections 86, 87 and 163 of the Port of London Act 1968 (c. xxxii) (powers |
| 30 |
of Port of London Authority in relation to fisheries). |
| |
| |
| |
|
| |
| |
| |
| |
| |
| |
Marine enforcement officers |
| 5 |
230 | Marine enforcement officers |
| |
(1) | In this Chapter “marine enforcement officer” means— |
| |
(a) | any person appointed as such an officer by the MMO; |
| |
(b) | any person appointed as such an officer by the Welsh Ministers; |
| |
(c) | any person who is a commissioned officer of any of Her Majesty’s |
| 10 |
| |
(d) | any person in command or charge of any aircraft or hovercraft of the |
| |
Royal Navy, the Army or the Royal Air Force. |
| |
(2) | The carrying out of any functions of a marine enforcement officer by a person |
| |
appointed under this section by the MMO or the Welsh Ministers (a “civilian |
| 15 |
marine enforcement officer”) is subject to any limitations specified by the |
| |
MMO or (as the case may be) the Welsh Ministers in relation to that person. |
| |
(3) | Until the coming into force of section 1, any power conferred on the MMO by |
| |
this section is exercisable by the Secretary of State. |
| |
| Any reference in this Chapter to a marine enforcement officer includes a |
| 20 |
reference to any person appointed by the Secretary of State as a marine |
| |
enforcement officer by virtue of this subsection. |
| |
231 | Enforcement of marine licensing regime |
| |
(1) | For the purposes of enforcing Part 4 of this Act, a marine enforcement officer |
| |
| 25 |
(a) | the common enforcement powers conferred by this Act; |
| |
(b) | the power conferred by section 258. |
| |
| This is subject to subsection (2). |
| |
(2) | A marine enforcement officer does not have the powers referred to in |
| |
subsection (1) for the purposes of enforcing Part 4 of this Act so far as relating |
| 30 |
| |
(a) | any activity in Wales or the Welsh inshore region concerning or arising |
| |
from the exploration for, or production of, petroleum; |
| |
(b) | anything done in the course of taking installation abandonment |
| |
measures in any other part of the relevant enforcement area. |
| 35 |
(3) | Subject to subsection (8), the powers which a marine enforcement officer has |
| |
for the purposes of enforcing Part 4 of this Act may be exercised— |
| |
(a) | in the relevant enforcement area (and in relation to any vessel, aircraft |
| |
or marine structure in that area); |
| |
(b) | in relation to any vessel or marine structure outside the UK marine area |
| 40 |
which was loaded within the relevant enforcement area; |
| |
| |
| |
|
| |
| |
(c) | in relation to any British vessel, British aircraft or British marine |
| |
structure outside the UK marine area; |
| |
(d) | in Scotland or the Scottish inshore region, in relation to an offence |
| |
which the officer reasonably believes has been committed— |
| |
(i) | within the relevant enforcement area, or |
| 5 |
(ii) | outside the UK marine area and in circumstances where a |
| |
vessel, aircraft or marine structure referred to in paragraph (b) |
| |
or (c) was involved in the commission of the offence; |
| |
(e) | in relation to any vessel, aircraft or marine structure in the Scottish |
| |
offshore region which has been pursued there in accordance with |
| 10 |
| |
(4) | A vessel, aircraft or marine structure is pursued in accordance with this |
| |
| |
(a) | immediately before the pursuit of the vessel, aircraft or structure |
| |
commences, the vessel, aircraft or structure is in the relevant |
| 15 |
| |
(b) | before the pursuit of the vessel, aircraft or structure commences, a |
| |
signal is given for it to stop, and |
| |
(c) | the pursuit of the vessel, aircraft or structure is not interrupted. |
| |
(5) | The signal referred to in subsection (4)(b) must be given in such a way as to be |
| 20 |
audible or visible from the vessel, aircraft or structure in question. |
| |
(6) | For the purposes of subsection (4)(c), pursuit is not interrupted by reason only |
| |
| |
(a) | the method of carrying out the pursuit, or |
| |
(b) | the identity of the vessel or aircraft carrying out the pursuit, |
| 25 |
| changes during the course of the pursuit. |
| |
(7) | Nothing in this section affects any right of hot pursuit which a marine |
| |
enforcement officer may have under international law. |
| |
(8) | The powers which a civilian marine enforcement officer has for the purposes |
| |
of enforcing Part 4 of this Act may not be exercised in relation to any British |
| 30 |
| |
| |
“installation abandonment measures” means any measures taken in |
| |
connection with the abandonment of— |
| |
(a) | an offshore installation or submarine pipeline, within the |
| 35 |
meaning of Part 4 of the Petroleum Act 1998 (c. 17), or |
| |
(b) | a carbon storage installation, within the meaning of section 30 |
| |
of the Energy Act 2008 (c. 32), |
| |
whether or not the measures are taken in pursuance of an |
| |
| 40 |
“abandonment programme” means— |
| |
(a) | an abandonment programme under Part 4 of the Petroleum Act |
| |
| |
(b) | an abandonment programme under that Part, as it applies by |
| |
virtue of section 30 of the Energy Act 2008; |
| 45 |
“the relevant enforcement area” means the area that consists of— |
| |
(a) | England and Wales and Northern Ireland, and |
| |
| |
| |
|
