|
| |
| |
(ii) | provision for the committee to continue in being as a local |
| |
fisheries committee for the district established by virtue of sub- |
| |
paragraph (i), with such changes to its constitution as appear to |
| |
the authority making the order to be necessary or expedient; |
| |
(d) | provision amending, repealing or revoking any provision of this Act or |
| 5 |
any other enactment passed or made before, or in the same Session as, |
| |
| |
(3) | The provision that may be made by virtue of subsection (2)(a) includes— |
| |
(a) | provision for the transfer of any property, rights or liabilities to have |
| |
effect subject to exceptions or reservations specified in, or determined |
| 10 |
in accordance with, the order; |
| |
(b) | provision for the transfer of any property, rights or liabilities, whether |
| |
or not otherwise capable of being transferred or assigned, including |
| |
any rights conferred by an order made under section 1 of the Sea |
| |
Fisheries (Shellfish) Act 1967 (c. 83); |
| 15 |
(c) | provision for an order under this section providing for the transfer of |
| |
property, rights or liabilities to have effect in spite of any provision (of |
| |
whatever nature) which would prevent or restrict the transfer of the |
| |
property, rights or liabilities otherwise than by the order. |
| |
(4) | The reference in subsection (2)(a) to property of a local fisheries committee |
| 20 |
| |
(a) | any property held on behalf of such a committee; |
| |
(b) | any property of a relevant local authority held for the purposes of such |
| |
| |
(5) | In subsection (2)(d) “enactment” includes an enactment comprised in |
| 25 |
| |
| |
“appropriate national authority” means— |
| |
(a) | in relation to sea fisheries districts in England, or any part of a |
| |
sea fisheries district lying in England, the Secretary of State; |
| 30 |
(b) | in relation to sea fisheries districts in Wales, or any part of a sea |
| |
fisheries district lying in Wales, the Welsh Ministers; |
| |
“England” includes the English inshore region; |
| |
“local fisheries committee” means a local fisheries committee constituted |
| |
by an order made, or having effect as if made, under section 1 of the |
| 35 |
| |
“relevant local authority” means— |
| |
(a) | in the case of a local fisheries committee that is a committee of a |
| |
county, county borough or metropolitan district council, that |
| |
| 40 |
(b) | in the case of a local fisheries committee that is a joint committee |
| |
of two or more such councils, any of those councils; |
| |
“specified” means specified in the order; |
| |
“Wales” includes the Welsh inshore region. |
| |
| |
| |
|
| |
| |
| |
Inshore fisheries in Wales |
| |
180 | Power of Welsh Ministers in relation to fisheries in Wales |
| |
(1) | Subject to subsection (2), the Welsh Ministers may by order make any |
| |
provision in relation to Wales which the authority for an IFC district may make |
| 5 |
for that district by a byelaw made under section 151. |
| |
(2) | To the extent that the Welsh Ministers have power, apart from this section, to |
| |
make provision of the kind referred to in subsection (1) (whether by order or |
| |
otherwise), subsection (1) does not apply. |
| |
| 10 |
“authority for an IFC district” has the same meaning as in Chapter 1 of this |
| |
| |
“Wales” has the same meaning as in the Government of Wales Act 2006 |
| |
| |
| 15 |
(1) | A person who contravenes any provision of an order made under section 180 |
| |
is guilty of an offence under this section. |
| |
(2) | Where any vessel is used in contravention of any provision of an order made |
| |
under section 180, the master, the owner and the charterer (if any) are each |
| |
guilty of an offence under this section. |
| 20 |
(3) | A person who is guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding £50,000. |
| |
(4) | Proceedings for an offence under this section may be taken, and the offence |
| |
may for all incidental purposes be treated as having been committed, in any |
| |
part of England and Wales. |
| 25 |
(5) | In this section “contravention” includes failure to comply; and “contravene” is |
| |
| |
182 | Powers of court following conviction |
| |
(1) | This section applies where a person is convicted of an offence under section |
| |
| 30 |
(2) | The court by which the person is convicted may order the forfeiture of— |
| |
(a) | any fishing gear used in the commission of the offence; |
| |
(b) | any sea fisheries resources in respect of which the offence was |
| |
| |
(3) | The power conferred by subsection (2) to order the forfeiture of any sea |
| 35 |
fisheries resources includes power to order the forfeiture of any container in |
| |
which the resources are being kept. |
| |
(4) | The court may, instead of ordering the forfeiture of any fishing gear or any sea |
| |
fisheries resources, order the person to pay a sum of money representing the |
| |
value of the fishing gear or resources. |
| 40 |
| |
| |
|
| |
| |
(5) | In a case where the offence involved the breach of a condition of a permit |
| |
granted by the Welsh Ministers, the court may— |
| |
(a) | suspend the permit, or |
| |
(b) | disqualify the person from holding or obtaining any such permit |
| |
relating to any activity to which that permit related, |
| 5 |
| for such period as the court thinks fit. |
| |
(6) | In this section “sea fisheries resources” has the same meaning as in Chapter 1 |
| |
of this Part (see section 149). |
| |
183 | Power to provide services for purposes of enforcement |
| |
(1) | The Welsh Ministers may— |
| 10 |
(a) | enter into arrangements with any person who is entitled to a right of |
| |
regulating a fishery conferred by an order under section 1 of the Sea |
| |
Fisheries (Shellfish) Act 1967 (c. 83) for the provision of services that are |
| |
required by the person in connection with the enforcement of any |
| |
provision made by or under the order; |
| 15 |
(b) | enter into arrangements with— |
| |
(i) | any person who is entitled to a right of several fishery conferred |
| |
by an order under that section, or |
| |
(ii) | any person who owns a private shellfish bed (within the |
| |
| 20 |
| for the provision of services that are required by the person in |
| |
connection with the enforcement of any provision of, or any rights |
| |
conferred by, section 7 of that Act. |
| |
(2) | The terms and conditions upon which arrangements under subsection (1) are |
| |
made may include provision for the making of payments to the Welsh |
| 25 |
Ministers by the person or body to whom the services are provided. |
| |
184 | Coast protection boards in Wales |
| |
(1) | Section 2 of the Coast Protection Act 1949 (c. 74) (constitution of coast |
| |
protection boards) is amended as follows. |
| |
(2) | In subsection (2), after paragraph (b) insert— |
| 30 |
“(ba) | the Welsh Ministers, in relation to any powers or duties they |
| |
have in relation to fishing and fisheries in any part of the area;”. |
| |
(3) | In subsection (8)(a), after “Sea Fish Industry Act 1951,” insert “or the Welsh |
| |
| |
| |
| |
|
| |
| |
| |
| |
| |
The Sea Fish (Conservation) Act 1967 |
| |
185 | Size limits for sea fish |
| 5 |
(1) | Section 1 of the Sea Fish (Conservation) Act 1967 (c. 84) (size limits, etc for fish) |
| |
| |
(2) | In subsection (1), for the words from “, being a fish” to “prescribed” substitute |
| |
“which does not meet such requirements as to size as may be prescribed”. |
| |
(3) | In subsection (2), for the words from “, being a fish” to “prescribed” substitute |
| 10 |
“which does not meet such requirements as to size as may be prescribed”. |
| |
(4) | For subsection (3) substitute— |
| |
“(3) | Sea fish of any description which do not meet the requirements as to |
| |
size prescribed in relation to sea fish of that description by an order of |
| |
the appropriate national authority shall not be carried, whether within |
| 15 |
or outside relevant British fishery limits, on a relevant British vessel; |
| |
and an order under this subsection may prohibit the carrying by a |
| |
Scottish or Northern Ireland fishing boat or a foreign vessel in waters |
| |
to which subsection (3A) applies of sea fish of any description |
| |
prescribed by the order which do not meet the requirements as to size |
| 20 |
so prescribed in relation to sea fish of that description. |
| |
(3A) | This subsection applies to the sea within British fishery limits, other |
| |
than the Scottish zone and the Northern Ireland zone. |
| |
| “Northern Ireland zone” has the meaning given by the Northern |
| |
Ireland Act 1998 (see section 98 of that Act).” |
| 25 |
(5) | For subsection (9) substitute— |
| |
| |
“the appropriate national authority” means— |
| |
(a) | in relation to Wales (within the meaning of the |
| |
Government of Wales Act 2006), the Welsh Ministers; |
| 30 |
(b) | in any other case, the Secretary of State; |
| |
“foreign vessel” means any vessel other than a relevant British |
| |
vessel, a Scottish fishing boat or a Northern Ireland fishing boat; |
| |
“Northern Ireland fishing boat” means a fishing boat which is |
| |
registered in the United Kingdom under Part 2 of the Merchant |
| 35 |
Shipping Act 1995 and whose entry in the register specifies a |
| |
port in Northern Ireland as the port to which the boat is to be |
| |
| |
“relevant British vessel” means a vessel, other than a Scottish |
| |
fishing boat or a Northern Ireland fishing boat, which— |
| 40 |
(a) | is registered in the United Kingdom under Part 2 of the |
| |
Merchant Shipping Act 1995, or |
| |
(b) | is owned wholly by persons qualified to own British |
| |
ships for the purposes of that Part of that Act.” |
| |
| |
| |
|
