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 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
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authority for an IFC district subject to provision made by the order establishing
the district—
(a)
sections 100A to 100D, 104 and 106 of, and paragraphs 39 to 43 of
Schedule 12 to, the Local Government Act 1972 (c. 70);
(b)
section 13 of the Local Government and Housing Act 1989 (c. 42);
5
(c)
Chapter 1 of Part 3 of the Local Government Act 2000 (c. 22).
(8)
In this section—
“the fishing community” means all persons with any sort of interest in the
exploitation of sea fisheries resources or in fisheries for such resources;
“marine environmental matters” means—
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(a)
the conservation or enhancement of the natural beauty or
amenity of marine or coastal areas (including their geological or
physiographical features) or of any features of archaeological or
historic interest in such areas, or
(b)
the conservation of flora or fauna which are dependent on, or
15
associated with, a marine or coastal environment.
(9)
Until the date of the coming into force of section 1, the reference in subsection
(1)(b) to the MMO is to be read as a reference to the Secretary of State.

Any person appointed by the Secretary of State as a member of an IFC
authority is, on and after that date, to be treated as if appointed by the MMO.
20
148
Amendment or revocation of orders under section 145
(1)
The Secretary of State may amend or revoke an order made under section 145.
(2)
Before amending or revoking an order made under section 145 the Secretary of
State must consult—
(a)
the authority for the IFC district established by the order,
25
(b)
the council for every local authority area that falls within the IFC
district established by the order,
(c)
the Environment Agency,
(d)
Natural England,
(e)
the MMO,
30
(f)
the authority for any IFC district that adjoins the IFC district
established by the order,
(g)
the Welsh Ministers, in a case where the IFC district established by the
order adjoins the Welsh inshore region,

and any other person likely to be affected by the amendment or revocation of
35
the order.
Main duties
149
Management of inshore fisheries
(1)
The authority for an IFC district must manage the exploitation of sea fisheries
resources in that district.
40
(2)
In performing its duty under subsection (1), the authority for an IFC district
must—
(a)
seek to ensure that the exploitation of sea fisheries resources is carried
out in a sustainable way,

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
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(b)
seek to balance the social and economic benefits of exploiting the sea
fisheries resources of the district with the need to protect the marine
environment from, or promote its recovery from, the effects of such
exploitation, and
(c)
seek to balance the different needs of persons engaged in the
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exploitation of sea fisheries resources in the district.
(3)
In performing its duty under subsection (1), the authority for an IFC district
must have regard to any guidance given to it by the Secretary of State.
(4)
Before giving any such guidance the Secretary of State must consult—
(a)
every IFC authority to which the Secretary of State is proposing to give
10
guidance, and
(b)
such other bodies or persons as the Secretary of State considers
appropriate.
(5)
In preparing any such guidance the Secretary of State must take into
consideration—
15
(a)
the functions of IFC authorities,
(b)
functions which are exercisable in IFC districts by other bodies and
persons, and
(c)
the resources available, or likely to be available, to each IFC authority
to which the Secretary of State is proposing to give guidance.
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(6)
In this Chapter “sea fisheries resources” means any animals or plants, other
than fish falling within subsection (7), that habitually live in the sea, including
those that are cultivated in the sea.
(7)
The fish referred to in subsection (6) are—
(a)
salmon, trout, eels, lampreys, smelt and shad;
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(b)
any other fish of a kind which migrates from fresh to salt water, or from
salt to fresh water, in order to spawn;
(c)
any freshwater fish.

In this subsection “eels”, “freshwater fish”, “salmon” and “trout” have the same
meanings as in the Salmon and Freshwater Fisheries Act 1975 (c. 51) (see
30
section 41 of that Act).
(8)
Any reference in this Chapter to the “exploitation” of sea fisheries resources is
a reference to any activity relating to the exploitation of such resources,
whether carried out for commercial purposes or otherwise, including—
(a)
fishing for, taking, retaining on board, trans-shipping, landing,
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transporting or storing such resources,
(b)
selling, displaying, exposing or offering for sale or possessing such
resources, and
(c)
introducing such resources to the sea or cultivating such resources.
150
Protection of marine conservation zones
40
(1)
The authority for an IFC district must seek to ensure that the conservation
objectives of any MCZ in the district are furthered.
(2)
Nothing in section 149(2) is to affect the performance of the duty imposed by
this section.
(3)
In this section—
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Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
92

(a)
“MCZ” means a marine conservation zone designated by an order
under section 113;
(b)
the reference to the conservation objectives of an MCZ is a reference to
the conservation objectives stated for the MCZ under section 114(2)(b).
Byelaws
5
151
Power to make byelaws
(1)
For the purposes of performing the duty imposed by section 149 or the duty
imposed by section 150, the authority for an IFC district may make byelaws for
that district.
(2)
Byelaws made under this section must be observed within the district for
10
which they are made.
(3)
A byelaw made under this section does not have effect until it is confirmed by
the Secretary of State.

This is subject to section 153 (emergency byelaws).
(4)
The Secretary of State may confirm a byelaw without modification or with such
15
modifications as are agreed to by the IFC authority that made the byelaw.
(5)
Before confirming a byelaw, the Secretary of State may cause a local inquiry to
be held.
152
Provision that may be made by byelaw
(1)
The provision that may be made by a byelaw under section 151 includes
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provision falling within any one or more of the Heads set out in—
(a)
subsection (3) (prohibition or restriction of exploitation of sea fisheries
resources),
(b)
subsection (4) (permits),
(c)
subsection (5) (vessels, methods and gear),
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(d)
subsection (6) (protection of fisheries for shellfish),
(e)
subsection (7) (monitoring of exploitation of resources);
(f)
subsection (8) (information).
(2)
In the following provisions of this section “specified” means specified in the
byelaw.
30
(3)
Head 1 is provision prohibiting or restricting the exploitation of sea fisheries
resources, including—
(a)
provision prohibiting or restricting such exploitation in specified areas
or during specified periods;
(b)
provision limiting the amount of sea fisheries resources a person or
35
vessel may take in a specified period;
(c)
provision limiting the amount of time a person or vessel may spend
fishing for or taking sea fisheries resources in a specified period.
(4)
Head 2 is provision prohibiting or restricting the exploitation of sea fisheries
resources without a permit issued by an IFC authority, including—
40
(a)
provision for the charging of fees for permits;
(b)
provision enabling conditions to be attached to a permit;

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
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(c)
provision enabling an IFC authority to limit the number of permits
issued by it.
(5)
Head 3 is—
(a)
provision prohibiting or restricting the use of vessels of specified
descriptions;
5
(b)
provision prohibiting or restricting any method of exploiting sea
fisheries resources;
(c)
provision prohibiting or restricting the possession, use, retention on
board, storage or transportation of specified items, or items of a
specified description, that are used in the exploitation of sea fisheries
10
resources;
(d)
provision for determining whether such items are items of a specified
description.
(6)
Head 4 is provision for and in connection with the protection of fisheries for
shellfish, including—
15
(a)
provision requiring shellfish the removal or possession of which is
prohibited by or in pursuance of any Act to be re-deposited in specified
localities;
(b)
provision for the protection of culch and other material for the
reception of the spat or young of shellfish;
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(c)
provision requiring such material to be re-deposited in specified
localities;
(d)
provision constituting, within an IFC district, a district of oyster
cultivation for the purposes of subsection (2)(c) of section 16 of the Sea
Fisheries (Shellfish) Act 1967 (c. 83) (which prohibits the sale of oysters
25
between certain dates);
(e)
provision directing that section 17(2) of that Act (which affords a
defence to a person charged with an offence under that section) does
not apply.
(7)
Head 5 is provision for and in connection with the monitoring of exploitation
30
of sea fisheries resources, including—
(a)
provision requiring vessels to be fitted with specified equipment;
(b)
provision requiring vessels to carry on board specified persons, or
persons of a specified description, for the purpose of observing
activities carried out on those vessels;
35
(c)
provision requiring specified items, or items of a specified description,
that are used in the exploitation of sea fisheries resources to be marked
in such manner as may be specified.
(8)
Head 6 is provision requiring persons involved in the exploitation of sea
fisheries resources in an IFC district to provide the authority for the district
40
with specified information.
153
Emergency byelaws
(1)
A byelaw that is made by an IFC authority in the circumstances described in
subsection (2) has effect without being confirmed by the Secretary of State.
(2)
The circumstances are that—
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(a)
the IFC authority considers that there is an urgent need for the byelaw,
and

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
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(b)
the need to make the byelaw could not reasonably have been foreseen.
(3)
A byelaw that has effect by virtue of this section (an “emergency byelaw”)—
(a)
comes into force on a date specified in the byelaw, and
(b)
remains in force (unless revoked or extended) for such period, not
exceeding 12 months, as is specified in the byelaw.
5
(4)
An IFC authority may, with the written approval of the Secretary of State,
extend the period for which an emergency byelaw is to remain in force.
(5)
An IFC authority—
(a)
may extend that period only once;
(b)
may not extend that period by more than 6 months.
10
(6)
The Secretary of State may not give the approval referred to in subsection (4)
unless satisfied that—
(a)
during the period for which the emergency byelaw has been in force,
the IFC authority has used its best endeavours to make a byelaw that
will make the emergency byelaw unnecessary, and
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(b)
there would be a significant and adverse effect on the marine
environment if the approval was not given.
(7)
An IFC authority must within 24 hours of making an emergency byelaw notify
the Secretary of State of it.
154
Byelaws: supplementary provisions
20
(1)
The power to make byelaws under section 151 includes power to make
different provision for different cases or different circumstances, including (in
particular)—
(a)
different parts of an IFC district;
(b)
different times of the year;
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(c)
different descriptions of sea fisheries resources.
(2)
The power to make byelaws under section 151 also includes—
(a)
power to provide for exceptions or conditions;
(b)
power to provide for a byelaw to cease to have effect after a specified
period.
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(3)
Subject to subsection (5), the provision that may be made by a byelaw under
section 151 includes provision that prohibits, restricts or otherwise interferes
with the exercise of a right to which subsection (4) applies.
(4)
This subsection applies to—
(a)
any right of several fishery;
35
(b)
any right on, to or over any portion of the seashore that is enjoyed by a
person under a local or special Act, a Royal charter, letters patent, or by
prescription or immemorial usage.
(5)
An IFC authority may make a byelaw that prohibits, or significantly restricts
or interferes with, the exercise of a right to which subsection (4) applies only if
40
the person who enjoys the right consents.
(6)
Subsection (5) does not apply in relation to the exercise of such a right in
relation to any of the following sites—

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
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(a)
a site of special scientific interest, within the meaning of Part 2 of the
Wildlife and Countryside Act 1981 (c. 69);
(b)
a national nature reserve declared in accordance with section 35 of that
Act;
(c)
a Ramsar site, within the meaning of section 37A of that Act;
5
(d)
a European marine site, within the meaning of the Conservation
(Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716);
(e)
a marine conservation zone designated by an order under section 113.
(7)
In this section “specified” means specified in the byelaw.
155
Power of Secretary of State to amend or revoke byelaws
10
(1)
If the Secretary of State is satisfied that any provision made by a byelaw under
section 151 is unnecessary, inadequate or disproportionate, the Secretary of
State may by order—
(a)
revoke the byelaw, or
(b)
amend the byelaw so as to restrict its application.
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(2)
Before amending or revoking a byelaw under this section, the Secretary of State
must—
(a)
notify the IFC authority that made the byelaw, and
(b)
consider any objection made by it.
(3)
Before amending or revoking a byelaw under this section, the Secretary of State
20
may cause a local inquiry to be held.
(4)
An order made under this section must be published in such manner as the
Secretary of State may by regulations provide.
(5)
Nothing in this section affects the power of an IFC authority by virtue of
section 14 of the Interpretation Act 1978 (c. 30) to amend or revoke any byelaw
25
that it has made.
156
Byelaws: procedure
(1)
The Secretary of State may make regulations about the procedure to be
followed by an IFC authority in relation to byelaws.
(2)
The provision that may be made in regulations under this section includes—
30
(a)
provision about steps to be taken, including consultation with persons
or bodies specified, or of a description specified, in the regulations,
before a byelaw may be made or revoked;
(b)
provision about obtaining confirmation of a byelaw;
(c)
provision about any procedure for making or revoking emergency
35
byelaws;
(d)
provision treating a byelaw that extends the period for which an
emergency byelaw is to remain in force as if it were an emergency
byelaw;
(e)
provision for and in connection with the publication of byelaws;
40
(f)
provision requiring any byelaws made for an IFC district to be
displayed in that district in such manner as the regulations may specify;
(g)
provision for copies of byelaws to be supplied to persons on request;

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Chapter 1 — Inshore fisheries and conservation authorities
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(h)
provision for and in connection with keeping byelaws under review,
including provision for and in connection with the consideration of any
representations made in relation to byelaws;
(i)
provision about steps to be taken by an IFC authority where a byelaw
is amended or revoked by the Secretary of State.
5
157
Inquiries
(1)
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
(local inquiries: evidence and costs) apply, with the modifications described in
subsection (2) of this section, to any inquiry under section 151(5) or section
155(3) as they apply to inquiries under section 250 of that Act.
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(2)
The modifications are—
(a)
references in section 250 of the Local Government Act 1972 to the
person appointed to hold the inquiry are to be read as references to the
Secretary of State;
(b)
references in that section to the Minister causing an inquiry to be held
15
are to be read as references to the Secretary of State;
(c)
subsection (3) of that section applies as if for the words from “a fine” to
the end there were substituted “a fine not exceeding level 1 on the
standard scale”;
(d)
references in subsection (4) of that section to a local authority or a party
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to the inquiry are to be read as references to the IFC authority that made
the byelaw to which the inquiry relates.
158
Evidence of byelaws
(1)
The production of a signed copy of any byelaw made under section 151 is
conclusive evidence of the byelaw and of the fact that it has been made and has
25
effect in accordance with provision made by or under this Chapter.
(2)
In subsection (1) “signed” means—
(a)
in the case of an emergency byelaw, signed by a person who—
(i)
is a member or officer of the IFC authority that made the
byelaw, and
30
(ii)
is authorised by the authority for that purpose;
(b)
in the case of any other byelaw, signed by or on behalf of the Secretary
of State.
(3)
A copy of a byelaw purporting to be signed as mentioned in subsection (2) is
to be treated as having been properly signed unless the contrary is shown.
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Offences
159
Offences
(1)
A person who contravenes any byelaw made under section 151 is guilty of an
offence under this section.
(2)
Where any vessel is used in contravention of any byelaw made under section
40
151, the master, the owner and the charterer (if any) are each guilty of an
offence under this section.