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
130

222
Keeping, introduction and removal of fish
(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
5
Environment Agency.
(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.
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(3)
The area to which this section applies is the area consisting of—
(a)
England;
(b)
Wales; and
(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
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River Tweed.
(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
Environment Agency to carry out any activity specified in subsection
20
(2) and the sum, or maximum sum, to be paid on the making of such an
application;
(c)
specify the circumstances in which such an application is to be granted
or refused and any considerations which the Environment Agency may
or must take into account when determining whether or not to issue
25
such a permit;
(d)
specify the conditions that may be incorporated into such a permit;
(e)
make provision for the amendment, suspension or revocation of such a
permit;
(f)
make provision authorising the Environment Agency to exempt
30
persons from any requirement under the regulations to obtain such a
permit;
(g)
make provision as to the effect of a prohibition under regulations made
under this section on fishing pursuant to any licence, authorisation,
permission, or right to fish;
35
(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
regulations—
(i)
to take steps to ensure that the position is, so far as possible,
40
restored to what it would have been had there been no such
breach;
(ii)
to allow the Environment Agency to take such steps;
(iii)
to pay to the Environment Agency a sum representing
reasonable expenses of any such steps taken or to be taken by
45
the Agency;
(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);

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 4 — Obsolete fisheries enactments
131

(j)
make other provision for the enforcement of requirements under the
regulations, including provision conferring the following powers on
the Agency—
(i)
powers of entry;
(ii)
powers of search and seizure;
5
(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;
10
(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.
15
(8)
In this section—
“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;
20
“inland waters” has the same meaning as in the Water Resources Act 1991
(c. 57);
“River Tweed” means “the river” within the meaning of the Tweed
Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.
223
Consequential and supplementary amendments
25
(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);
30
(b)
section 23 (export of salmon and trout);
(c)
section 24 (consignment of salmon and trout).
Chapter 4
Obsolete fisheries enactments
224
Repeal of spent or obsolete enactments
35
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);
40
(d)
the North Sea Fisheries Act 1893 (c. 17);
(e)
the Behring Sea Award Act 1894 (c. 2);

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 1 — Enforcement officers
132

(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
of Port of London Authority in relation to fisheries).
Part 8
5
Enforcement
Chapter 1
Enforcement officers
Marine enforcement officers
225
Marine enforcement officers
10
(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
ships;
15
(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
marine enforcement officer”) is subject to any limitations specified by the
20
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
reference to any person appointed by the Secretary of State as a marine
25
enforcement officer by virtue of this subsection.
226
Enforcement of marine licensing regime
(1)
For the purposes of enforcing Part 4 of this Act, a marine enforcement officer
has—
(a)
the common enforcement powers conferred by this Act;
30
(b)
the power conferred by section 253.

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
to—
35
(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.
(3)
Subject to subsection (8), the powers which a marine enforcement officer has
40
for the purposes of enforcing Part 4 of this Act may be exercised—

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 1 — Enforcement officers
133

(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, vehicle, aircraft or marine structure in any
other area within the United Kingdom or the UK marine area which has
been pursued there in accordance with subsection (4);
5
(c)
in relation to any vessel or marine structure outside the UK marine area
which was loaded within the relevant enforcement area;
(d)
in relation to any British vessel, British aircraft or British marine
structure outside the UK marine area.
(4)
A vessel, vehicle, aircraft or marine structure is pursued in accordance with
10
this subsection if—
(a)
immediately before the pursuit of the vessel, vehicle, aircraft or
structure commences, the vessel, vehicle, aircraft or structure is in the
relevant enforcement area,
(b)
before the pursuit of the vessel, vehicle, aircraft or structure
15
commences, a signal is given for it to stop, and
(c)
the pursuit of the vessel, vehicle, 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
audible or visible from the vessel, vehicle, aircraft or structure in question.
(6)
For the purposes of subsection (4)(c), pursuit is not interrupted by reason only
20
of the fact that—
(a)
the method of carrying out the pursuit, or
(b)
the identity of the vessel, vehicle or aircraft carrying out the pursuit,

changes during the course of the pursuit.
(7)
Nothing in this section affects any right of hot pursuit which a marine
25
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
warship.
(9)
In this section—
30
“installation abandonment measures” means any measures taken in
connection with the abandonment of—
(a)
an offshore installation or submarine pipeline, within the
meaning of Part 4 of the Petroleum Act 1998 (c. 17), or
(b)
a carbon storage installation, within the meaning of section 30
35
of the Energy Act 2008 (c. 32),
whether or not the measures are taken in pursuance of an
abandonment programme;
“abandonment programme” means—
(a)
an abandonment programme under Part 4 of the Petroleum Act
40
1998;
(b)
an abandonment programme under that Part, as it applies by
virtue of section 30 of the Energy Act 2008;
“the relevant enforcement area” means the area that consists of—
(a)
England and Wales and Northern Ireland, and
45
(b)
the UK marine licensing area, excluding the Scottish offshore
region.

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 1 — Enforcement officers
134

(10)
Any term used in this section and in Part 4 of this Act has the same meaning in
this section as it has in that Part.
227
Enforcement of nature conservation legislation
(1)
For the purposes of enforcing the nature conservation legislation, a marine
enforcement officer has the common enforcement powers conferred by this
5
Act.
(2)
In this section “the nature conservation legislation” means—
(a)
sections 1 and 2 of the Conservation of Seals Act 1970 (c. 30), and any
orders made under section 3 of that Act;
(b)
sections 1, 5 to 7, 9, 11, 13, 14 and 14ZA of the Wildlife and Countryside
10
Act 1981 (c. 69);
(c)
regulations 37C, 39, 41 and 43 of the Conservation (Natural Habitats,
&c) Regulations 1994 (S.I. 1994/2716);
(d)
any byelaws made by virtue of regulation 28 or 36 of those Regulations;
(e)
the Offshore Marine Conservation (Natural Habitats, &c) Regulations
15
2007 (S.I. 2007/1842);
(f)
any byelaws made under section 125 or 128 of this Act;
(g)
any orders made under section 130 or 132 of this Act;
(h)
section 136 of this Act.
(3)
Subject to subsections (8) and (9), the powers which a marine enforcement
20
officer has for the purposes of enforcing the nature conservation legislation
may be exercised—
(a)
in the relevant enforcement area (and in relation to any vessel, aircraft
or marine installation in that area);
(b)
in relation to any vessel, vehicle, aircraft or marine installation in any
25
other area within the United Kingdom or the UK marine area which has
been pursued there in accordance with subsection (4);
(c)
in relation to any British vessel or British marine installation outside the
UK marine area.
(4)
A vessel, vehicle, aircraft or marine installation is pursued in accordance with
30
this subsection if—
(a)
immediately before the pursuit of the vessel, vehicle, aircraft or
installation commences, the vessel, vehicle, aircraft or installation is in
the relevant enforcement area,
(b)
before the pursuit of the vessel, vehicle, aircraft or installation
35
commences, a signal is given for it to stop, and
(c)
the pursuit of the vessel, vehicle, aircraft or installation is not
interrupted.
(5)
The signal referred to in subsection (4)(b) must be given in such a way as to be
audible or visible from the vessel, vehicle, aircraft or installation in question.
40
(6)
For the purposes of subsection (4)(c), pursuit is not interrupted by reason only
of the fact that—
(a)
the method of carrying out the pursuit, or
(b)
the identity of the vessel, vehicle or aircraft carrying out the pursuit,

changes during the course of the pursuit.
45

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 1 — Enforcement officers
135

(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 the nature conservation legislation may not be exercised in
relation to any British warship.
5
(9)
The powers which a marine enforcement officer has for the purposes of
enforcing the nature conservation legislation may not be exercised in relation
to any vessel within subsection (10) unless—
(a)
in the case of a third country vessel, other than a vessel falling within
paragraph (b) or (c) of that subsection, the United Kingdom is entitled
10
under international law to exercise those powers without the consent of
the flag state, or
(b)
the Commissioners have given authority to exercise those powers.
(10)
The vessels are—
(a)
a third country vessel;
15
(b)
a warship that is being used by the government of a State other than the
United Kingdom;
(c)
any other vessel that is being used by such a government for any non-
commercial purpose.
(11)
The Commissioners may give authority under subsection (9)(b) only if the flag
20
state has consented to the United Kingdom exercising those powers (whether
generally or in relation to the vessel in question).
(12)
In giving such authority, the Commissioners must impose such conditions or
limitations on the exercise of the powers as are necessary to give effect to any
conditions or limitations imposed by the flag state.
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(13)
In this section—
“British vessel” means any vessel which—
(a)
is registered in the United Kingdom under Part 2 of the
Merchant Shipping Act 1995 (c. 21),
(b)
is, as a Government ship, registered in the United Kingdom in
30
pursuance of an Order in Council under section 308 of that Act,
(c)
falls within section 1(1)(d) of that Act (small ships),
(d)
is exempt from registration under section 294 of that Act
(general power to dispense),
(e)
is a British warship, or
35
(f)
is registered under the law of Gibraltar;
“Government ship” has the same meaning as in the Merchant Shipping
Act 1995;
“the relevant enforcement area” means the area that consists of—
(a)
England and Wales, and
40
(b)
the UK marine area, excluding—
(i)
the Scottish inshore region,
(ii)
the Scottish offshore region, and
(iii)
the Northern Ireland inshore region.