Marine and Coastal Access Bill [HL]

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Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 14 — Inshore fisheries and conservation authorities: amendments
265

Schedule 14
Section 175

Inshore fisheries and conservation authorities: amendments
Coast Protection Act 1949 (c. 74)
1
The Coast Protection Act 1949 is amended as follows.
2
In section 2 (constitution of coast protection boards)—
5
(a)
in subsection (2)(b), after “fishery board,” insert “inshore fisheries
and conservation authority,”;
(b)
in subsection (8)(a), after “(other than the Tweed Commissioners)”
insert “, inshore fisheries and conservation authority”.
3
In section 45 (service of notices and other documents), in subsection (1)(b),
10
after “fishery board,” insert “inshore fisheries and conservation authority,”.
4
In section 49(1) (interpretation) after the definition of “functions” insert—
““inshore fisheries and conservation authority” means the
authority for an inshore fisheries and conservation district
established under section 145 of the Marine and Coastal
15
Access Act 2009;”.
5
In Part 1 of the First Schedule (general provisions concerning procedure for
making orders, etc), in paragraph 1(b), after “fishery board,” insert “inshore
fisheries and conservation authority,”.
Nuclear Installations Act 1965 (c. 57)
20
6
In section 3 of the Nuclear Installations Act 1965 (grant and variation of
nuclear site licences), in subsection (3), after paragraph (b) insert—
“(ba)
any inshore fisheries and conservation authority;”.
Sea Fish (Conservation) Act 1967 (c. 84)
7
In section 3 of the Sea Fish (Conservation) Act 1967 (regulation of nets and
25
other fishing gear), in subsection (7), before “or in any regulation made”
insert “or in any byelaw made under section 151 of the Marine and Coastal
Access Act 2009,”.
Prevention of Oil Pollution Act 1971 (c. 60)
8
In section 19 of the Prevention of Oil Pollution Act 1971 (prosecutions) after
30
subsection (5) insert—
“(5A)
If an inshore fisheries and conservation authority for a district
established under section 145 of the Marine and Coastal Access Act
2009, or any inshore fisheries and conservation officer appointed by
the authority under section 161 of that Act, is authorised in that
35
behalf under subsection (1) of this section, the authority may
institute proceedings for any offence under this Act committed
within the district.”
Local Government Act 1972 (c. 70)
9
In section 101 of the Local Government Act 1972 (arrangements for
40

Marine and Coastal Access Bill [HL]
Schedule 14 — Inshore fisheries and conservation authorities: amendments
266

discharge of functions by local authorities), in subsection (9), after
paragraph (d) insert—
“(da)
section 145 of the Marine and Coastal Access Act 2009;”.
Local Government Act 1974 (c. 7)
10
In section 31A of the Local Government Act 1974 (consideration of adverse
5
reports), in subsection (3)—
(a)
after paragraph (a) insert—
“(aa)
an inshore fisheries and conservation authority for a
district established under section 145 of the Marine
and Coastal Access Act 2009,”;
10
(b)
after “that committee” insert “, authority”.
Fisheries Act 1981 (c. 29)
11
In Part 1 of Schedule 4 to the Fisheries Act 1981 (exemptions for fish farming:
offences to which section 33(1) applies), after paragraph 17 insert—
“17A.
Any offence under section 159 of the Marine and Coastal Access
15
Act 2009 (contravention of byelaws made by inshore fisheries and
conservation authorities).”
Wildlife and Countryside Act 1981 (c. 69)
12
In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of
Part 1)—
20
(a)
in paragraph (c) of the definition of “authorised person”, after “the
Salmon Fisheries (Scotland) Act 1862” insert “or an inshore fisheries
and conservation authority”;
(b)
after the definition of “inland waters” insert—
““inshore fisheries and conservation authority” means
25
the authority for an inshore fisheries and
conservation district established under section 145 of
the Marine and Coastal Access Act 2009;”.
Local Government and Housing Act 1989 (c. 42)
13
The Local Government and Housing Act 1989 is amended as follows.
30
14    (1)
Section 5 (designation and reports of monitoring officer) is amended as
follows.
      (2)
After subsection (3) insert—
“(3A)
The references in subsection (2) above, in relation to a relevant
authority in England, to a committee or sub-committee of the
35
authority and to a joint committee on which they are represented
shall be taken to include references to—
(a)
any inshore fisheries and conservation authority (“IFC
authority”) the members of which include persons who are
members of the relevant authority, and
40
(b)
any sub-committee appointed by such an authority;

but in relation to any such IFC authority or sub-committee the
reference in subsection (3)(b) above to each member of the authority

Marine and Coastal Access Bill [HL]
Schedule 14 — Inshore fisheries and conservation authorities: amendments
267

shall have effect as a reference to each member of the IFC authority
or, as the case may be, of the IFC authority which appointed the sub-
committee.”
      (3)
In subsection (5), after “a relevant authority” insert “and of any IFC authority
falling within paragraph (a) of subsection (3A) above”.
5
      (4)
In subsection (8), after the definition of “chief finance officer” insert—
““inshore fisheries and conservation authority” means the
authority for an inshore fisheries and conservation district
established under section 145 of the Marine and Coastal
Access Act 2009;”.
10
15
In section 13 (voting rights of members of certain committees), in subsection
(4), after paragraph (f) insert—
“(fa)
an inshore fisheries and conservation authority for a district
established under section 145 of the Marine and Coastal
Access Act 2009;”.
15
16
In paragraph 2(1) of Schedule 1 (political balance on local authority
committees etc) after paragraph (bb) insert—
“(bc)
an inshore fisheries and conservation authority for a
district established under section 145 of the Marine and
Coastal Access Act 2009;”.
20
Radioactive Substances Act 1993 (c. 12)
17
The Radioactive Substances Act 1993 is amended as follows.
18
In section 47(1) (general interpretation provisions), in the definition of
“relevant water body”, after “sewerage undertaker” insert “or an inshore
fisheries and conservation authority”.
25
19
In Schedule 3 (enactments to which section 40 applies), after paragraph 10
substitute—
“10A
Section 151 of the Marine and Coastal Access Act 2009.”.
Freedom of Information Act 2000 (c. 36)
20
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local
30
government bodies which are public authorities), after paragraph 35A
insert—
“35B
An inshore fisheries and conservation authority for a district
established under section 145 of the Marine and Coastal Access
Act 2009.”
35
Natural Environment and Rural Communities Act 2006 (c. 16)
21
In Schedule 7 to the Natural Environment and Rural Communities Act 2006
(designated bodies), after paragraph 1 insert—
“1A
An inshore fisheries and conservation authority for a district
established under section 145 of the Marine and Coastal Access
40
Act 2009.”

Marine and Coastal Access Bill [HL]
Schedule 15 — Sea Fish (Conservation) Act 1967: minor and consequential amendments
268

Schedule 15
Section 192

Sea Fish (Conservation) Act 1967: minor and consequential amendments
Sea Fish (Conservation) Act 1967 (c. 84)
1     (1)
Section 1 (size limits, etc for fish) is amended as follows.
      (2)
In subsection (4)—
5
(a)
for “Different sizes” substitute “Different requirements as to size”;
(b)
for “different sizes” substitute “different requirements as to size”.
      (3)
In subsection (5)—
(a)
for “a size” substitute “requirements as to size”;
(b)
for the words from “if the part” to the end substitute “if the part does
10
not meet the requirements as to size so prescribed.”
      (4)
In subsection (8)—
(a)
for “a relevant British fishing boat or a Scottish fishing boat”
substitute “a relevant British vessel, a Scottish fishing boat or a
Northern Ireland fishing boat”;
15
(b)
for “foreign fishing boat” substitute “foreign vessel”.
2     (1)
Section 3 (regulation of nets and other fishing gear) is amended as follows.
      (2)
In subsection (3)(c), after “classes of fishing boats,” insert “or particular
persons or persons of a particular description,”.
      (3)
In subsection (7), after “carrying” (in each place where it occurs) insert “or
20
use”.
3     (1)
Section 5 (power to restrict fishing for sea fish) is amended as follows.
      (2)
In subsection (2), for the words after “different provision” substitute “for
different cases”.
      (3)
In subsection (5), after “prohibition” insert “or restriction”.
25
      (4)
In subsection (6)—
(a)
after “is made” insert “by virtue of paragraph (a) of subsection (1)
above”;
(b)
for “any fishing operations conducted” substitute “fishing”;
(c)
for the words from “are taken” to “applies” substitute “are caught by
30
a person, or taken on board a fishing boat, in contravention of the
prohibition”.
      (5)
After subsection (6) insert—
“(6A)
A person who does not comply with subsection (6) above shall be
guilty of an offence under that subsection.”
35
4
In section 11 (penalties for offences), in subsection (3), for “subsection (5)”
substitute “subsection (4)”.
Fisheries Act 1981 (c. 29)
5     (1)
Schedule 4 (exemptions for fish farming) is amended as follows.

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
269

      (2)
In Part 1 (offences to which section 33(1) applies)—
(a)
in paragraph 12, for “smaller than prescribed size” substitute “which
do not meet prescribed size requirements”;
(b)
in paragraph 13, after “section 3(5)” insert “or (5A)”;
(c)
in paragraph 16, after “prohibiting” insert “or restricting”.
5
      (3)
In Part 2 (offences to which section 33(5) applies), in paragraph 33—
(a)
for “the Sea Fisheries (Conservation) Act 1967” substitute “the Sea
Fish (Conservation) Act 1967”;
(b)
for “smaller than the prescribed size” substitute “which do not meet
prescribed size requirements”.
10
Schedule 16
Section 223(1)

Migratory and freshwater fish: consequential and supplementary
amendments
Salmon and Freshwater Fisheries Act 1975 (c. 51)
1
The Salmon and Freshwater Fisheries Act 1975 has effect subject to the
15
amendments in paragraphs 2 to 17.
2
Section 3 (nets) is omitted.
3     (1)
Section 5 (prohibition of use of explosives etc) is amended as follows.
      (2)
In subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”.
      (3)
In subsection (2)(b), at the end insert “, for which the Agency may charge a
20
fee”.
      (4)
After subsection (2) insert—
“(2A)
Subsection (1) above shall not apply to anything done pursuant to an
authorisation granted by the Agency under section 27A below.”
4
Sections 6 to 8 (fixed engines, fishing weirs and fishing mill dams) are
25
omitted.
5
Section 16 (boxes and cribs in weirs and dams) is omitted.
6
Section 17 (restrictions on taking salmon or trout above or below an
obstruction or in mill races) is omitted.
7
In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17”
30
substitute “or 15”.
8
Sections 19 to 21 (close seasons etc) are omitted.
9     (1)
Section 25 (licences to fish) is amended as follows.
      (2)
In subsection (2), for “an instrument” substitute “the means of fishing”.
      (3)
In subsection (3)—
35
(a)
for “an instrument” substitute “any means of fishing”;
(b)
for “the instrument” substitute “that means of fishing”.

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
270

10    (1)
Section 26 (limitation of fishing licences), is amended as follows.
      (2)
In subsection (1), for “the Minister” substitute “the appropriate national
authority”.
      (3)
In subsection (2)—
(a)
for “the Minister” substitute “the appropriate national authority”;
5
(b)
for “he” (in both places) substitute “that authority”;
(c)
for “his” substitute “that authority’s”;
(d)
for “him” substitute “that authority”.
      (4)
In subsection (3)—
(a)
for “The Minister” substitute “The appropriate national authority”;
10
(b)
for “him” substitute “that authority”;
(c)
for “he” substitute “that authority”.
      (5)
In subsection (6)—
(a)
for “The Minister” substitute “The appropriate national authority”;
(b)
for “him” substitute “that authority”;
15
(c)
for “he” substitute “that authority”.
      (6)
In subsection (7)—
(a)
for “the Minister”, in the first place, substitute “the appropriate
national authority”;
(b)
for “the Minister”, in the second place, substitute “that authority”.
20
11    (1)
Section 27 (unlicensed fishing) is amended as follows.
      (2)
The existing provision is renumbered as subsection (1).
      (3)
In that subsection, after “of any description” insert “by any licensable means
of fishing”.
      (4)
In that subsection, for paragraphs (a) and (b) substitute—
25
“(a)
fishes for or takes fish of that description by that means and—
(i)
is not entitled to use that means for that purpose
by virtue of a fishing licence, or
(ii)
is acting in breach of any condition of such a
licence, or
30
(b)
where that licensable means of fishing is an instrument, has
that instrument in his possession with intent to use it for that
purpose and is not entitled to use it for that purpose by virtue
of a fishing licence.”
      (5)
After that subsection insert—
35
“(2)
Subsection (1) above does not apply to a person where—
(a)
he has permission under section 25(10) above to take fish of
that description in that place by that means, and
(b)
he is not acting in breach of any condition of that
permission.”
40
12
In section 33 (orders and warrants to enter suspected premises), in
subsection (2), for “or any salmon, trout, freshwater fish or eels to have been
illegally taken” substitute “or an offence against this Act to have been
committed in the taking of any fish”.

Marine and Coastal Access Bill [HL]
Schedule 16 — Migratory and freshwater fish: consequential and supplementary amendments
271

13
In section 34 (power to apprehend persons fishing illegally), for the words
from “illegally takes or kills” to “by this Act” substitute “takes or kills any
fish where the taking or killing constitutes an offence under this Act, or is
found on or near any waters with intent to take or kill any fish where the
taking or killing would constitute an offence under this Act, or having an
5
instrument prohibited by this Act in his possession for the capture of any
fish, where the capture would constitute an offence under this Act”.
14    (1)
In section 41 (interpretation), subsection (1) is amended as follows.
      (2)
In the definition of “fixed engine”, in paragraph (d), for “salmon or trout”
substitute “fish”.
10
      (3)
After the definition of “general licence” insert—
““historic installation” has the meaning given by section 25
above;”;
      (4)
After the definition of “inland water” insert—
““licensable means of fishing” has the meaning given by section
15
25 above;”.
15
Schedule 1 (close seasons and close times) is omitted.
16    (1)
Schedule 2 (licences) is amended as follows.
      (2)
In paragraph 1(2), for “in special cases” substitute “in such cases as it
considers appropriate”.
20
      (3)
In paragraph 2, for the words from “different instruments” to “different
descriptions of fish” substitute “different descriptions of licence”.
      (4)
In paragraph 3, for “any instrument” substitute “any licensable means of
fishing”.
      (5)
In paragraph 4—
25
(a)
for “the Minister”, in the first place, substitute “the appropriate
national authority”;
(b)
for “the Minister”, in the second place, substitute “that authority”.
      (6)
In paragraph 5—
(a)
for “The Minister” substitute “The appropriate national authority”;
30
(b)
for “his” substitute “that authority’s”;
(c)
for “the Minister” substitute “that authority”.
      (7)
In paragraph 7—
(a)
for “an instrument” substitute “any licensable means of fishing”;
(b)
for “that instrument” substitute “that means”.
35
      (8)
In paragraph 9—
(a)
in sub-paragraph (1)—
(i)
for “an instrument of any description” substitute “any
licensable means of fishing”;
(ii)
for “with instruments of that description” substitute “by that
40
means”;
(iii)
for “an instrument of that description”, in the first place,
substitute “that means of fishing”;