Marine and Coastal Access Bill [HL]

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Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
112

194
Purposes for which tolls etc may be applied
(1)
Section 3 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (effect of grant of right
of regulating a fishery) is amended as follows.
(2)
In subsection (1)(c), for “improving and cultivating” substitute “regulating”.
(3)
In subsection (2)—
5
(a)
before “any such tolls” insert “, subject to subsection (2A) of this
section,”;
(b)
for “in the improvement and cultivation of” substitute “for purposes
relating to the regulation of”.
(4)
After that subsection insert—
10
“(2A)
An order under section 1 of this Act which—
(a)
confers on the grantees a right of regulating a fishery, and
(b)
imposes tolls or royalties upon persons dredging, fishing for
and taking shellfish within the limits of the fishery, or of that
part of the fishery within which the right is exercisable,
15

may provide that the grantees may, for the purposes of recouping any
costs incurred by the grantees in connection with applying for the
order, retain such portion of those tolls and royalties as may be
specified in the order.”
(5)
In subsection (4), for “for the improvement and cultivation of” substitute “for
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purposes relating to the regulation of”.
195
Increase in penalties for certain offences relating to fisheries for shellfish
(1)
The Sea Fisheries (Shellfish) Act 1967 is amended as follows.
(2)
In section 3(3) (offence of dredging, fishing for or taking shellfish in
contravention of any restriction or regulation, etc.), for “level 5 on the standard
25
scale” substitute “£50,000”.
(3)
In section 7(4) (offences in relation to certain fisheries), for “level 5 on the
standard scale” substitute “£50,000”.
196
Liability of master, etc where vessel used in commission of offence
(1)
In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of
30
regulating a fishery), after subsection (4) insert—
“(5)
Where any sea fishing boat is used in the commission of an offence
under subsection (3) of this section, the master, the owner and the
charterer (if any) shall each be guilty of an offence and liable on
summary conviction to a fine not exceeding £50,000.”
35
(2)
In section 22(2) of that Act (interpretation), after the definition of “land”
insert—
““master” includes, in relation to any sea fishing boat, the person
for the time being in command or charge of the boat;”.
197
Restrictions imposed by grantees, etc
40
In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
113

regulating a fishery), after subsection (5) (inserted by section 196) insert—
“(6)
Subsection (1) of this section applies where an order under section 1 of
this Act—
(a)
confers on the grantees a right of regulating a fishery, and
(b)
by virtue of section 15(3) of the Sea Fisheries Act 1968, enables
5
the grantees to impose restrictions on, or make regulations
respecting, the dredging, fishing for and taking of shellfish
within the limits of the regulated fishery or part,

as it applies where an order under section 1 of this Act confers such a
right and imposes such restrictions or makes such regulations.
10
(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.”
198
Cancellation of licence after single relevant conviction
In section 4(7) of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (which enables a
15
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”;
(b)
omit “, is subsequently convicted of another such offence”.
199
Register of licences
20
After section 4 of the Sea Fisheries (Shellfish) Act 1967 (licensing powers in case
of regulated fishery) insert—
“4ZA
Register of licences
(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.
25
(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.
(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
30
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.
(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
35
making the request.”
200
Protection of private shellfish beds
(1)
Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is
amended as follows.
(2)
In subsection (1)(b), for “private oyster bed” substitute “private shellfish bed”.
40
(3)
In subsections (2) and (3)—

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
114

(a)
for “oysters” substitute “relevant shellfish”;
(b)
for “private oyster bed” substitute “private shellfish bed”.
(4)
In subsections (4) and (5)(b), for “private oyster bed” substitute “private
shellfish bed”.
(5)
For subsection (6) substitute—
5
“(6)
In this section—
“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
10
the shellfish in respect of which the owner of the bed has private
rights independently of this Act.”
201
Use of implements of fishing
(1)
Section 7 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (protection of fisheries)
is amended as follows.
15
(2)
In subsection (4), at the end of paragraph (a)(ii) insert “or
(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
20
the fishery for such shellfish;”.
(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
25
be used;
(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
30
case of a person who uses an implement otherwise than in accordance
with provision made by virtue of this subsection.”
202
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.
35
(2)
In subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”.
(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—
40
(a)
the crabs were taken from that part of the sea that is within
British fishery limits and does not include the Scottish zone or
the Northern Ireland zone,

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967
115

(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
such authority.”
(4)
In subsection (3), for “and any person” substitute “and, subject to subsection
5
(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
10
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 lobsters for the purpose of scientific investigation,
and
15
(c)
the lobsters were taken for that purpose and in accordance with
such authority.”
(6)
After subsection (5) insert—
“(6)
In this section—
“the appropriate body” means—
20
(a)
the Marine Management Organisation, in the case of
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
25
(iii)
the Welsh zone;
(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;
30
“Northern Ireland zone” has the same meaning as in the Northern
Ireland Act 1998;
“Welsh zone” has the same meaning as in the Government of
Wales Act 2006.”
203
Orders prohibiting the taking and sale of certain lobsters
35
(1)
Section 17 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (taking and sale of
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
40
appropriate national authority by order so directs, no person shall, in the part
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—
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Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
116

(a)
in relation to England, the Secretary of State;
(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—
5
(a)
in the case of an order in relation to England, be laid before
Parliament;
(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
10
Scottish Parliament.”
204
Power to appoint inspector before making orders as to fisheries for shellfish
(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)—
15
(a)
omit sub-paragraph (1);
(b)
in sub-paragraph (2), for “The appropriate Minister shall” substitute
“Where he considers it appropriate to do so, the appropriate Minister
may”.
(3)
Omit paragraph 5.
20
(4)
In paragraph 6, after “in paragraph 3 above or” insert “, in a case where an
inspector has been appointed under paragraph 4 above,”.
(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.
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Chapter 3
Migratory and freshwater fish
Taking fish etc
205
Prohibited implements
(1)
In the Salmon and Freshwater Fisheries Act 1975 (c. 51), section 1 (prohibited
30
implements) is amended as follows.
(2)
In subsection (1), in paragraph (a)—
(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
35
waters”.
(3)
In that subsection, in paragraph (b), for “salmon, trout or freshwater fish”
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”.
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Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
117

(5)
After that subsection insert—
“(1A)
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.
(1B)
The appropriate national authority may by order amend subsection
5
(1)(a) above so as to—
(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
10
coast of England and Wales to a distance of six nautical miles measured
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,”;
15
(b)
subsection (4).
206
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)—
20
(a)
for “salmon, trout or freshwater fish” substitute “salmon, trout, eels,
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”.
25
(3)
In subsection (2)—
(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”;
30
(c)
in paragraph (b), for “any salmon, trout, or freshwater fish” substitute
“any such fish”.
(4)
After that subsection insert—
“(3A)
Subsection (2) above does not apply where a person takes an immature
freshwater fish in circumstances prescribed by byelaws.”
35
(5)
In subsection (5), for “salmon, trout or freshwater fish” substitute “fish of any
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
40
below.
(7)
Subsection (3A) of section 1 above applies for the purposes of this
section.”