Marine and Coastal Access Bill [HL]

House of Lords

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 3 — Migratory and freshwater fish
125

(2)
In that Act, after Schedule 26 insert—
“Schedule 27
Section 210(3)

Emergency fisheries byelaws
Emergency fisheries byelaws
1     (1)
In this Schedule, “emergency fisheries byelaw” means a byelaw
5
made under paragraph 6 of Schedule 25 to this Act (fisheries) in the
circumstances in sub-paragraph (2) below.
      (2)
The circumstances are that—
(a)
the Agency considers that, because of any event or likely
event, harm is occurring or is likely to occur to—
10
(i)
any fish to which paragraph 6 of Schedule 25 to this
Act applies or to the spawn, gametes or food of any
such fish, or
(ii)
the marine or coastal, or aquatic or waterside,
environment,
15
(b)
the Agency considers that the byelaw would prevent or limit
that harm, or would be reasonably likely to do so,
(c)
the Agency considers that for that purpose there is a need for
the byelaw to come into force as a matter of urgency, and
(d)
the event or the likelihood of the event could not reasonably
20
have been foreseen.
      (3)
Schedule 26 to this Act (procedure relating to byelaws made by the
Agency) does not apply in relation to an emergency fisheries byelaw.
      (4)
In sub-paragraph (2)(a), the reference to harm to the marine or
coastal, or aquatic or waterside, environment is to—
25
(a)
harm to the natural beauty or amenity of marine or coastal, or
aquatic or waterside, areas (including their geological or
physiological features) or to any features of archaeological or
historic interest in such areas, or
(b)
harm to flora or fauna which are dependent on or associated
30
with the marine or coastal, or aquatic or waterside,
environment.
Commencement
2
An emergency fisheries byelaw comes into force—
(a)
on the date specified in the byelaw, or
35
(b)
if no date is so specified, on the day after that on which it is
made.
Notification of the appropriate national authority
3
The Agency must, within 24 hours of making an emergency fisheries
byelaw—
40
(a)
send a copy of the byelaw to the appropriate national
authority, and

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
126

(b)
explain to the appropriate national authority why the byelaw
is being made as an emergency fisheries byelaw.
Publication
4
The Agency must publish notice of the making of an emergency
fisheries byelaw (including a copy of the byelaw)—
5
(a)
in the London Gazette;
(b)
where the byelaw has effect in Wales, in the Welsh language
in such manner as the Agency thinks appropriate;
(c)
in such other manner as it thinks appropriate for the purpose
of bringing the byelaw to the attention of persons likely to be
10
affected by it.
Amendment and revocation
5     (1)
If at any time the appropriate national authority is satisfied that an
emergency fisheries byelaw would better serve to prevent or limit
the harm referred to in paragraph 1(2)(a) above if it were amended,
15
the authority must amend it accordingly.
      (2)
If at any time the appropriate national authority is satisfied that an
emergency fisheries byelaw is no longer needed in order to prevent
or limit the harm referred to in paragraph 1(2)(a) above, the authority
must revoke it.
20
      (3)
The Agency must publish notice of an amendment or revocation
under this paragraph as specified in paragraph 4(a) to (c) above.
Expiry and extension
6     (1)
Subject to paragraph 7 below, an emergency fisheries byelaw expires
(unless earlier revoked)—
25
(a)
in accordance with provision made by the byelaw, or
(b)
if the byelaw does not contain provision for its expiry, at the
end of the period of twelve months beginning with the day
on which it comes into force.
      (2)
A byelaw may not under sub-paragraph (1)(a) above remain in force
30
for longer than the period of twelve months beginning with the day
on which it comes into force.
7     (1)
The Agency may, at any time before an emergency fisheries byelaw
expires, apply to the appropriate national authority for it to be
extended.
35
      (2)
On such an application, the appropriate national authority may
extend the byelaw at any time before its expiry, provided the
authority is satisfied that—
(a)
the byelaw is still needed to prevent or limit the harm
referred to in paragraph 1(2)(a) above, and
40
(b)
the need for the extension could not reasonably have been
avoided by the Agency.

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
127

      (3)
A byelaw may be extended under sub-paragraph (2) above for such
period not exceeding six months as the appropriate national
authority may specify.
      (4)
A byelaw may not be extended under sub-paragraph (2) above on
more than one occasion.
5
Availability
8     (1)
Every emergency fisheries byelaw shall be printed and deposited at
one or more of the offices of the Agency, including (if there is one) at
an office in the area to which the byelaw applies; and copies of the
byelaw shall be available at those offices, at all reasonable times, for
10
inspection by the public free of charge.
      (2)
Every person shall be entitled, on application to the Agency and on
payment of such reasonable sum as the Agency may determine, to be
furnished with a copy of any emergency fisheries byelaw so
deposited by the Agency.
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Proof
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
20
(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”
25
10
In this Schedule “appropriate national authority” has the same
meaning as in the Salmon and Freshwater Fisheries Act 1975.”
216
Byelaws: enforcement
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—
30
“(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
not exceeding £50,000.”
35
217
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
40
considers appropriate.”

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
128

(3)
Subsection (3) is omitted.
Supplementary
218
Theft of fish from private fisheries etc
(1)
In the Theft Act 1968 (c. 60), in Schedule 1 (offences of taking or destroying
fish), paragraph 2 is amended as follows.
5
(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
to a fine not exceeding the statutory maximum.”
10
(3)
Sub-paragraph (2) is omitted.
(4)
In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1)
above”.
219
Handling fish
(1)
Section 32 of the Salmon Act 1986 (c. 62) (handling salmon in suspicious
15
circumstances) is amended as follows.
(2)
In the heading, for “salmon” substitute “fish”.
(3)
In subsection (1)—
(a)
for “any salmon” substitute “any fish to which this section applies”;
(b)
for “the salmon” substitute “that fish”;
20
(c)
the words “by or for the benefit of another person” are omitted.
(4)
After that subsection insert—
“(1A)
This section applies to—
(a)
salmon, trout, eels, lampreys, smelt and freshwater fish; and
(b)
fish of such other description as may be specified for the
25
purposes of this section by order under section 40A of the
Salmon and Freshwater Fisheries Act 1975.”
(5)
In subsection (2)—
(a)
for “a salmon” substitute “a fish to which this section applies”;
(b)
in paragraph (a)—
30
(i)
after “or landing” insert “, or selling,”;
(ii)
for “that salmon” substitute “that fish”;
(c)
in paragraph (b)—
(i)
after “or landed,” insert “or sold,”;
(ii)
for “that salmon” substitute “that fish”.
35
(6)
In subsection (3), for “salmon” substitute “fish”.
(7)
In subsection (4), for “salmon” substitute “fish to which this section applies”.
(8)
In subsection (5)—

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 3 — Migratory and freshwater fish
129

(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
substitute “to a fine”.
(9)
In subsection (7)—
5
(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”.
(10)
At the end insert—
10
“(8)
In this section “salmon”, “trout”, “eels”, “fish” and “freshwater fish”
have the same meanings as in the Salmon and Freshwater Fisheries Act
1975.”
220
Duties of the Environment Agency
(1)
Section 6 of the Environment Act 1995 (c. 25) (general duties of the Agency) is
15
amended as follows.
(2)
In subsection (6), for the words from “salmon” to the end substitute “fisheries
of—
(a)
salmon, trout, eels, lampreys, smelt and freshwater fish, and
(b)
fish of such other description as may be specified for the purposes of
20
this subsection by order under section 40A of the Salmon and
Freshwater Fisheries Act 1975”.
(3)
In subsection (8), at the end insert—
““salmon”, “trout”, “eels”, “fish” and “freshwater fish” have the
same meanings as in the Salmon and Freshwater Fisheries Act
25
1975”.

221
Tweed and Esk fisheries
(1)
Section 111 of the Scotland Act 1998 (regulation of Tweed and Esk fisheries) is
amended as follows.
30
(2)
In subsection (1), for “salmon, trout, eels and freshwater fish” substitute
“salmon, trout, eels, lampreys, smelt, shad and freshwater fish”.
(3)
In subsection (4), in the definition of “eels”, “freshwater fish”, “salmon” and
“trout”—
(a)
after “eels,” insert “fish,”;
35
(b)
after “Salmon and Freshwater Fisheries Act 1975” insert “(as amended
by the Marine and Coastal Access Act 2009)”.
(4)
At the end insert—
“(6)
An Order under subsection (1) may amend that subsection so as to—
(a)
add any description of fish to it, or
40
(b)
remove any description of fish from it.”