Law

Marine and Coastal Access Act 2009

United Kingdom · statute

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In force since 2026-10-20, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 371 provisions
  1. Title and introductory text
  2. 1 The Marine Management Organisation
  3. 2 General objective
  4. 3 Performance
  5. 4 Licensing of fishing boats
  6. 5 Restrictions on time spent at sea: appeals
  7. 6 Trans-shipment licences for vessels
  8. 7 Regulations supplementary to sections 4 and 4A
  9. 8 Exemptions for operations for scientific and other purposes
  10. 9 Licences to kill or take seals
  11. 10 Wildlife and Countryside Act 1981
  12. 11 Sea Fisheries (Wildlife Conservation) Act 1992
  13. 12 Certain consents under section 36 of the Electricity Act 1989
  14. 13 Safety zones: functions under section 95 of the Energy Act 2004
  15. 14 Agreements between the Secretary of State and the MMO
  16. 15 Agreements between the MMO and eligible bodies
  17. 16 Eligible bodies
  18. 17 Non-delegable functions
  19. 18 Maximum duration of agreement
  20. 19 Particular powers
  21. 20 Agreements with certain harbour authorities
  22. 21 Supplementary provisions with respect to agreements
  23. 22 Interpretation of this Chapter
  24. 23 MMO's role in relation to applications for development consent
  25. 24 Research
  26. 25 Advice, assistance and training facilities
  27. 26 Provision of information etc
  28. 27 Power to charge for services
  29. 28 Provision of information by the MMO to the Secretary of State
  30. 29 Power to bring proceedings
  31. 30 Continuation of certain existing prosecutions
  32. 31 Incidental powers
  33. 32 Grants
  34. 33 Borrowing powers
  35. 34 Limit on borrowing
  36. 35 Government loans
  37. 36 Government guarantees
  38. 37 Directions by the Secretary of State
  39. 38 Guidance by the Secretary of State
  40. 39 Transfer schemes
  41. 40 Interim arrangements
  42. 41 Exclusive economic zone
  43. 42 UK marine area
  44. 43 Welsh zone
  45. 44 Marine policy statement
  46. 45 Preparation and coming into effect of statement
  47. 46 Review of statement
  48. 47 Amendment of statement
  49. 48 Withdrawal of, or from, statement
  50. 49 Marine planning regions
  51. 50 Marine plan authorities
  52. 51 Marine plans for marine plan areas
  53. 52 Amendment of marine plan
  54. 53 Withdrawal of marine plan
  55. 54 Duty to keep relevant matters under review
  56. 55 Delegation of functions relating to marine plans
  57. 56 Directions under section 55: supplementary provisions
  58. 57 Directions to public bodies as regards performance of delegated functions
  59. 58 Decisions affected by marine policy documents
  60. 59 The appropriate marine policy documents
  61. 60 Meaning of “retained functions” etc
  62. 61 Monitoring of, and periodical reporting on, implementation
  63. 62 Validity of marine policy statements and marine plans
  64. 63 Powers of the court on an application under section 62
  65. 64 Interpretation and Crown application of this Part
  66. 65 Requirement for licence
  67. 66 Licensable marine activities
  68. 67 Applications
  69. 67A Advice and other assistance from the Welsh Ministers
  70. 68 Notice of applications
  71. 69 Determination of applications
  72. 70 Inquiries
  73. 71 Licences
  74. 72 Variation, suspension, revocation and transfer
  75. 72A Further fees chargeable where the appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers
  76. 73 Appeals against licensing decisions
  77. 73A Proceedings for questioning certain decisions under sections 70 and 71
  78. 73B Applications under section 73A: requirement for permission
  79. 74 Exemptions specified by order
  80. 75 Exemptions for certain dredging etc activities
  81. 76 Dredging in the Scottish zone
  82. 77 Oil and gas activities and carbon dioxide storage
  83. 78 Special procedure for applications relating to harbour works
  84. 79 Special procedure for applications relating to certain electricity works
  85. 79A Special procedure for applications relating to certain electricity works (Northern Ireland)
  86. 80 Electronic communications apparatus
  87. 81 Submarine cables ...
  88. 82 Structures in, over or under a main river
  89. 83 Requirements for Admiralty consent under local legislation
  90. 84 Byelaws for flood defence and drainage purposes
  91. 85 Breach of requirement for, or conditions of, a licence
  92. 86 Action taken in an emergency
  93. 87 Electronic communications: emergency works
  94. 88 Activity licensed by another State
  95. 89 Information
  96. 90 Compliance notice
  97. 91 Remediation notice
  98. 92 Further provision as to enforcement notices
  99. 93 Fixed monetary penalties
  100. 94 Fixed monetary penalties: procedure
  101. 95 Variable monetary penalties
  102. 96 Variable monetary penalties: procedure
  103. 97 Further provision about civil sanctions
  104. 98 Delegation of functions relating to marine licensing
  105. 99 Orders under section 98: supplementary provisions
  106. 100 Directions to persons as regards performance of delegated functions
  107. 101 Register
  108. 102 Notice to stop activity causing serious harm etc
  109. 103 Further provision as to stop notices
  110. 104 Emergency safety notices
  111. 105 Further provision as to emergency safety notices
  112. 106 Power to take remedial action
  113. 107 Power to test, and charge for testing, certain substances
  114. 107A Deposits on account of fees payable to the Secretary of State, the Scottish Ministers or the Welsh Ministers
  115. 107B Supplementary provision about fees payable to the Secretary of State, the Scottish Ministers or the Welsh Ministers
  116. 108 Appeals against notices
  117. 109 General defence of due diligence
  118. 110 Offences: jurisdiction
  119. 110A Fees: oil and gas activities for which marine licence needed
  120. 111 Application to the Crown
  121. 112 Amendments and transitional provision
  122. 113 The appropriate licensing authority
  123. 114 Meaning of “enforcement authority”
  124. 115 Interpretation of this Part
  125. 116 Marine conservation zones
  126. 117 Grounds for designation of MCZs
  127. 118 Further provision as to orders designating MCZs
  128. 119 Consultation before designation
  129. 120 Publication of orders designating MCZs
  130. 121 Hearings by appropriate authority
  131. 122 Amendment, revocation and review of orders designating MCZs
  132. 123 Creation of network of conservation sites
  133. 124 Report
  134. 125 General duties of public authorities in relation to MCZs
  135. 126 Duties of public authorities in relation to certain decisions
  136. 127 Advice and guidance by conservation bodies
  137. 128 Failure to comply with duties etc
  138. 129 Byelaws for protection of MCZs in England
  139. 129A Byelaws relating to exploitation of sea fisheries resources: England
  140. 129B Byelaws relating to exploitation of sea fisheries resources: English offshore region
  141. 129C Byelaws under sections 129A and 129B: supplementary
  142. 130 Byelaws: procedure
  143. 131 Emergency byelaws
  144. 132 Interim byelaws
  145. 133 Further provision as to byelaws
  146. 134 Orders for protection of MCZs in Wales
  147. 134A Orders relating to exploitation of sea fisheries resources: Wales
  148. 134B Orders relating to exploitation of sea fisheries resources: Welsh offshore region
  149. 134C Orders under sections 134A and 134B: supplementary
  150. 135 Consultation etc regarding orders under section 134 , 134A or 134B
  151. 136 Interim orders
  152. 137 Further provision as to orders made under section 134 134A, 134B or 136
  153. 137A Orders relating to exploitation of sea fisheries resources: Scottish offshore region
  154. 137B Consultation etc regarding orders under section 137A
  155. 137C Interim orders made by Scottish Ministers
  156. 137D Further provision as to orders made under section 137A or 137C
  157. 137E Orders relating to exploitation of sea fisheries resources: Northern Ireland offshore region
  158. 137F Consultation etc regarding orders under section 137E
  159. 137G Interim orders made by the Department
  160. 137H Further provision as to orders made under section 137E or 137G
  161. 138 Hearings ...
  162. 139 Offence of contravening byelaws or orders
  163. 140 Offence of damaging etc protected features of MCZs
  164. 141 Exceptions to offences under section 139 or 140
  165. 142 Fixed monetary penalties
  166. 143 Fixed monetary penalties: procedure
  167. 144 Further provision about fixed monetary penalties
  168. 145 Application to the Crown
  169. 146 Consequential and transitional provision
  170. 147 Interpretation of this Chapter
  171. 148 Marine boundaries of SSSIs and national nature reserves
  172. 149 Establishment of inshore fisheries and conservation districts
  173. 150 Inshore fisheries and conservation authorities
  174. 151 Membership and proceedings of IFC authorities
  175. 152 Amendment or revocation of orders under section 149
  176. 153 Management of inshore fisheries
  177. 154 Protection of marine conservation zones
  178. 155 Power to make byelaws
  179. 156 Provision that may be made by byelaw
  180. 157 Emergency byelaws
  181. 158 Byelaws: supplementary provision
  182. 159 Power of Secretary of State to amend or revoke byelaws
  183. 160 Byelaws: procedure
  184. 161 Inquiries
  185. 162 Evidence of byelaws
  186. 163 Offences
  187. 164 Powers of court following conviction
  188. 165 Inshore fisheries and conservation officers
  189. 166 Powers of IFC officers
  190. 167 Power to enter into agreements with eligible bodies
  191. 168 Eligible bodies
  192. 169 Variation, review and cancellation of agreements under section 167
  193. 170 Agreements under section 167: particular powers
  194. 171 Supplementary provisions with respect to agreements under section 167
  195. 172 Development, etc of fisheries
  196. 173 Provision of services by IFC authorities
  197. 174 Duty of co-operation
  198. 175 Information
  199. 176 Accounts
  200. 177 Annual plan
  201. 178 Annual report
  202. 179 Supplementary powers
  203. 180 Expenses of IFC authorities
  204. 181 IFC authority as party to proceedings
  205. 182 Exemption from liability
  206. 183 Report by Secretary of State
  207. 184 Minor and consequential amendments
  208. 185 Application to the Crown
  209. 186 Interpretation of this Chapter
  210. 187 Abolition of local fisheries committees
  211. 188 Power to make consequential or transitional provision, etc
  212. 189 Power of Welsh Ministers in relation to fisheries in Wales
  213. 190 Offences
  214. 191 Powers of court following conviction
  215. 192 Power to provide services for purposes of enforcement
  216. 193 Miscellaneous amendments
  217. 194 Size limits for sea fish
  218. 195 Regulation of nets and other fishing gear
  219. 196 Charging for commercial fishing licences
  220. 197 Grant of licences subject to conditions imposed for environmental purposes
  221. 198 Power to restrict fishing for sea fish
  222. 199 Penalties for offences
  223. 200 Offences by directors, partners, etc
  224. 201 Minor and consequential amendments
  225. 202 Power to make orders as to fisheries for shellfish
  226. 203 Variation etc of orders as a result of development
  227. 204 Purposes for which tolls etc may be applied
  228. 205 Increase in penalties for certain offences relating to fisheries for shellfish
  229. 206 Liability of master, etc where vessel used in commission of offence
  230. 207 Restrictions imposed by grantees, etc
  231. 208 Cancellation of licence after single relevant conviction
  232. 209 Register of licences
  233. 210 Protection of private shellfish beds
  234. 211 Use of implements of fishing
  235. 212 Taking of crabs and lobsters for scientific purposes
  236. 213 Orders prohibiting the taking and sale of certain lobsters
  237. 214 Power to appoint inspector before making orders as to fisheries for shellfish
  238. 215 Prohibited implements
  239. 216 Roe etc
  240. 217 Licences to fish
  241. 218 Limitation of licences
  242. 219 Authorisation to fish
  243. 220 Enforcement
  244. 221 Power to specify fish
  245. 222 Order-making powers: supplementary
  246. 223 Definitions relating to fish
  247. 224 Power to make byelaws
  248. 225 Byelaws: emergency procedures
  249. 226 Byelaws: enforcement
  250. 227 Byelaws: compensation
  251. 228 Theft of fish from private fisheries etc
  252. 229 Handling fish
  253. 230 Duties of the Environment Agency
  254. 231 Tweed and Esk fisheries
  255. 232 Keeping, introduction and removal of fish
  256. 233 Consequential and supplementary amendments
  257. 234 Repeal of spent or obsolete enactments
  258. 235 Marine enforcement officers
  259. 236 Enforcement of marine licensing regime
  260. 237 Enforcement of nature conservation or fisheries exploitation legislation
  261. 238 Enforcement of fisheries legislation
  262. 239 Marine enforcement officers as British sea-fishery officers
  263. 240 Marine licensing: oil and gas and other reserved matters
  264. 241 Marine licensing: Northern Ireland
  265. 242 Marine licensing: enforcement in Scottish offshore region
  266. 243 Enforcement of MCZs in Scottish offshore region
  267. 243A Infrastructure planning: enforcement in the Welsh inshore region
  268. 244 Interpretation of this Chapter
  269. 245 Common enforcement powers
  270. 246 Power to board and inspect vessels and marine installations
  271. 247 Power to enter and inspect premises
  272. 248 Power to enter and inspect vehicles
  273. 249 Dwellings
  274. 250 Powers of search, examination, etc
  275. 251 Power to require production of documents, etc
  276. 252 Powers of seizure, etc
  277. 253 Further provision about seizure
  278. 254 Retention of seized items
  279. 255 Power to record evidence of offences
  280. 256 Power to require name and address
  281. 257 Power to require production of licence, etc
  282. 258 Power to require attendance of certain persons
  283. 259 Power to direct vessel or marine installation to port
  284. 260 Assistance etc
  285. 261 Power to use reasonable force
  286. 262 Interpretation of this Chapter
  287. 263 Power to require information relating to certain substances and objects
  288. 264 Power to inspect and seize objects at sea
  289. 265 Reports of inspections under section 264
  290. 266 Retention of objects seized under section 264(2)
  291. 267 Disposal of objects seized under section 264
  292. 268 Power to seize fish for purposes of forfeiture
  293. 269 Power to seize fishing gear for purposes of forfeiture
  294. 270 Procedure in relation to seizure under section 268 or 269
  295. 271 Retention of property seized under section 268 or 269
  296. 272 Bonds for release of seized fish or gear
  297. 273 Power of relevant authority to sell seized fish in its possession
  298. 274 Disposal of property seized under section 268 or 269
  299. 275 Forfeiture etc of prohibited items
  300. 276 Forfeiture etc of fish failing to meet size requirements
  301. 277 Further provision about forfeiture under section 275 or 276
  302. 278 Forfeiture by court following conviction
  303. 279 Power to detain vessels in connection with court proceedings
  304. 280 Release of vessels detained under section 279
  305. 281 Power of court to order release of vessels
  306. 282 Bonds for release of vessels
  307. 283 Power of court to order repayment of bonds
  308. 284 Power to require production of certain equipment
  309. 285 Service of notices, etc
  310. 286 Conclusion of proceedings
  311. 287 Interpretation of this Chapter
  312. 288 Meaning of “enforcement officer”
  313. 289 Duty to provide evidence of authority
  314. 290 Duty to state name and purpose, etc
  315. 291 Liability of enforcement officers etc
  316. 292 Offences in relation to enforcement officers
  317. 293 Enforcement of Community rules
  318. 294 Administrative penalty schemes
  319. 295 Application to the Crown
  320. 296 The coastal access duty
  321. 297 General provision about the coastal access duty
  322. 298 The coastal access scheme
  323. 299 Review of the coastal access scheme
  324. 300 The English coast
  325. 301 River estuaries
  326. 302 Long-distance routes
  327. 303 Access to the coastal margin
  328. 304 Establishment and maintenance of the English coastal route etc
  329. 305 Restricting liabilities of Natural England and the Secretary of State
  330. 306 Occupiers' liability
  331. 307 Isles of Scilly
  332. 308 The Crown
  333. 309 Interpretation of this Part
  334. 310 Powers of National Assembly for Wales
  335. 311 Area in which functions of Natural England exercisable
  336. 312 Natural England not to be responder for Civil Contingencies Act 2004
  337. 313 Area in which functions of Countryside Council for Wales exercisable
  338. 314 Works detrimental to navigation
  339. 315 Amendments of the Harbours Act 1964
  340. 316 Regulations and orders
  341. 317 Directions
  342. 318 Offences by directors, partners, etc
  343. 319 Disapplication of requirement for consent to certain prosecutions
  344. 320 Power to make transitional provisions and savings
  345. 321 Repeals
  346. 322 Interpretation
  347. 323 Extent
  348. 324 Commencement
  349. 325 Short title
  350. Schedule 1 The Marine Management Organisation
  351. Schedule 2 Minor and consequential amendments relating to the MMO
  352. Schedule 3 Transfer schemes
  353. Schedule 4 Exclusive economic zone and Welsh zone: consequential amendments
  354. Schedule 5 Preparation of an MPS or of amendments of an MPS
  355. Schedule 6 Marine plans: preparation and adoption
  356. Schedule 7 Further provision about civil sanctions under Part 4
  357. Schedule 8 Licensing: minor and consequential amendments
  358. Schedule 9 Licensing: transitional provision relating to Part 4
  359. Schedule 10 Further provision about fixed monetary penalties under section 142
  360. Schedule 11 Consequential amendments relating to MCZs
  361. Schedule 12 Transitional provision relating to MCZs
  362. Schedule 13 Marine boundaries of SSSIs and national nature reserves
  363. Schedule 14 Inshore fisheries and conservation authorities: amendments
  364. Schedule 15 Sea Fish (Conservation) Act 1967: minor and consequential amendments
  365. Schedule 16 Migratory and freshwater fish: consequential and supplementary amendments
  366. Schedule 17 Warrants issued under section 249
  367. Schedule 18 Forfeiture of property under section 275 or 276
  368. Schedule 19 Schedule 1A to the National Parks and Access to the Countryside Act 1949
  369. Schedule 20 Establishment and maintenance of the English coastal route etc
  370. Schedule 21 Amendments of the Harbours Act 1964
  371. Schedule 22 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

371 provisions

178 Annual report

(1) As soon as is reasonably practicable after the end of each financial year, every IFC authority must prepare a report on its activities in that year. (2) A report under this section must be in such form and contain such information as the Secretary of State may require. (3) A report under this section must be published in such manner as the Secretary of State may require. (4) The IFC authority must send a copy of the report to the Secretary of State.

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179 Supplementary powers

(1) An IFC authority may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of any of its other functions. (2) In particular it may— (a) acquire or dispose of land or other property; (b) enter into arrangements with other IFC authorities for the establishment of a body to co-ordinate the activities of those authorities which are party to the arrangements. (3) But an IFC authority has no power to borrow money.

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180 Expenses of IFC authorities

(1) The expenses incurred by the authority for an IFC district are to be defrayed by the relevant council or councils. (2) Where there is more than one relevant council for an IFC district, each council must pay such portion of the expenses incurred by the authority for the district as is specified in, or determined in accordance with, the order establishing the district. The order may provide for the portion of the expenses payable by a relevant council to be calculated by reference to any circumstances whatsoever. (3) Accordingly, section 103 of the Local Government Act 1972 (c. 70) (expenses of joint committees) does not apply in relation to an IFC authority. (4) The total amount of an IFC authority's expenses to be defrayed under subsection (1) for any particular financial year may be vetoed by a vote of those members of the IFC authority who are members of a relevant council.

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181 IFC authority as party to proceedings

An IFC authority is capable (despite being an unincorporated body) of— (a) making contracts; (b) bringing proceedings under this Act in its own name; (c) bringing or defending any other proceedings in its own name.

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182 Exemption from liability

(1) No person who is a member or employee of an IFC authority is to be liable for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the authority's functions. (2) Subsection (1) does not apply if the act or omission is shown to have been in bad faith. (3) The reference in subsection (1) to an employee of an IFC authority does not include any IFC officer acting as such an officer. (For provision exempting such officers from liability, see section 291.)

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183 Report by Secretary of State

(1) As soon as is reasonably practicable after the end of every relevant four-year period, the Secretary of State must lay before Parliament a report about the conduct and operation of the authorities for any IFC districts in existence during the whole or part of that period. (2) In this section “relevant four-year period” means— (a) the period of four years beginning with the day on which the Secretary of State first made an order under section 149; (b) each subsequent period of four years.

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184 Minor and consequential amendments

Schedule 14 (which contains minor and consequential amendments relating to IFC authorities) has effect.

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185 Application to the Crown

(1) This Chapter is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land. This is subject to subsection (2). (2) No contravention by the Crown of any provision of this Chapter is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Despite subsection (2), the provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons. (4) For the purposes of this section “Crown land” means land an interest in which— (a) belongs to Her Majesty in right of the Crown or in right of Her private estates, (b) belongs to Her Majesty in right of the Duchy of Lancaster, (c) belongs to the Duchy of Cornwall, or (d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department. (5) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

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186 Interpretation of this Chapter

(1) In this Chapter— “authority for an IFC district” is to be read in accordance with section 150(2); “eligible body” has the meaning given by section 168; “IFC authority” means an inshore fisheries and conservation authority (see section 150); “IFC district” means an inshore fisheries and conservation district (see section 149); “IFC officer” means an inshore fisheries and conservation officer (see section 165); “local authority area” means— a county, a London borough or a metropolitan district, a non-metropolitan district comprised in an area for which there is no county council, the City of London, or the Isles of Scilly; “the marine environment” includes— geological or physiographical features of marine or coastal areas; features of archaeological or historic interest in such areas; flora and fauna which are dependent on, or associated with, a marine or coastal environment; “master” includes, in relation to any vessel, the person for the time being in command or charge of the vessel; “relevant council”, in relation to an IFC district, means the council for a local authority area falling within the district; “sea fisheries resources” has the meaning given by section 153; “seashore” means the shore and bed of the sea; “shellfish” includes crustaceans and molluscs of any kind; “vessel” includes any ship or boat or any other description of vessel used in navigation. (2) Any reference in this Chapter to the exploitation of sea fisheries resources is to be read in accordance with section 153(12).

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187 Abolition of local fisheries committees

The Sea Fisheries Regulation Act 1966 (c. 38), which provides for the establishment of sea fisheries districts and local fisheries committees, is repealed.

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188 Power to make consequential or transitional provision, etc

(1) The appropriate national authority may by order make such incidental, consequential, supplemental or transitional provision or savings as appear to the authority to be necessary or expedient in consequence of the repeal of the Sea Fisheries Regulation Act 1966 (“the 1966 Act”). (2) The provision that may be made by an order under this section includes— (a) provision for and in connection with the transfer of any staff, property, rights or liabilities of a local fisheries committee to such bodies or persons (including the authority making the order) as may be specified; (b) provision about byelaws made by a local fisheries committee or a body having the powers of such a committee, including— (i) in so far as any provision of any such byelaw in force at the time of the making of the order could have been made under some other enactment, provision for that provision to have effect as if comprised in subordinate legislation made by a specified body or person under that enactment; (ii) provision as to the area to which any provision having effect by virtue of sub-paragraph (i) applies; (c) provision about the local fisheries committee for any sea fisheries district lying partly in England and partly in Wales, including— (i) provision for that part of the district lying in England or (as the case may be) Wales to be treated as if it were a sea fisheries district created under section 1 of the 1966 Act, and (ii) provision for the committee to continue in being as a local fisheries committee for the district established by virtue of sub-paragraph (i), with such changes to its constitution as appear to the authority making the order to be necessary or expedient; (d) provision amending, repealing or revoking any provision of this Act or any other enactment passed or made before, or in the same Session as, this Act. (3) The provision that may be made by virtue of subsection (2)(a) includes— (a) provision for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in, or determined in accordance with, the order; (b) provision for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned, including any rights conferred by an order made under section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83); (c) provision for an order under this section providing for the transfer of property, rights or liabilities to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order. (4) The reference in subsection (2)(a) to property of a local fisheries committee includes a reference to— (a) any property held on behalf of such a committee; (b) any property of a relevant local authority held for the purposes of such a committee. (5) In subsection (2)(d) “enactment” includes an enactment comprised in subordinate legislation. (6) In this section— “appropriate national authority” means— in relation to sea fisheries districts in England, or any part of a sea fisheries district lying in England, the Secretary of State; in relation to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales, the Welsh Ministers; “England” includes the English inshore region; “local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the 1966 Act; “relevant local authority” means— in the case of a local fisheries committee that is a committee of a county, county borough or metropolitan district council, that council; in the case of a local fisheries committee that is a joint committee of two or more such councils, any of those councils; “specified” means specified in the order; “Wales” includes the Welsh inshore region.

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189 Power of Welsh Ministers in relation to fisheries in Wales

(1) The Welsh Ministers may by order make any provision in relation to Wales which the authority for an IFC district may make for that district by a byelaw made under section 155. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this section— “authority for an IFC district” has the same meaning as in Chapter 1 of this Part; “Wales” has the same meaning as in the Government of Wales Act 2006 (c. 32).

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190 Offences

(1) A person who contravenes any provision of an order made under section 189 is guilty of an offence under this section. (2) Where any vessel is used in contravention of any provision of an order made under section 189, the master, the owner and the charterer (if any) are each guilty of an offence under this section. (3) A person who is guilty of an offence under this section is liable on summary conviction to a fine. (4) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of England and Wales. (5) No contravention by the Crown of this section is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention. (6) Despite subsection (5), this section applies to persons in the public service of the Crown as it applies to other persons. (7) In this section “contravention” includes failure to comply; and “contravene” is to be read accordingly.

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191 Powers of court following conviction

(1) This section applies where a person is convicted of an offence under section 190. (2) The court by which the person is convicted may order the forfeiture of— (a) any fishing gear used in the commission of the offence; (b) any sea fisheries resources in respect of which the offence was committed. (3) The power conferred by subsection (2) to order the forfeiture of any sea fisheries resources includes power to order the forfeiture of any container in which the resources are being kept. (4) The court may, instead of ordering the forfeiture of any fishing gear or any sea fisheries resources, order the person to pay a sum of money representing the value of the fishing gear or resources. (5) In a case where the offence involved the breach of a condition of a permit granted by the Welsh Ministers, the court may— (a) suspend the permit, or (b) disqualify the person from holding or obtaining any such permit relating to any activity to which that permit related, for such period as the court thinks fit. (6) In this section “sea fisheries resources” has the same meaning as in Chapter 1 of this Part (see section 153).

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192 Power to provide services for purposes of enforcement

(1) The Welsh Ministers may— (a) enter into arrangements with any person who is entitled to a right of regulating a fishery conferred by an order under section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) for the provision of services that are required by the person in connection with the enforcement of any provision made by or under the order; (b) enter into arrangements with— (i) any person who is entitled to a right of several fishery conferred by an order under that section, or (ii) any person who owns a private shellfish bed (within the meaning of that Act), for the provision of services that are required by the person in connection with the enforcement of any provision of, or any rights conferred by, section 7 of that Act. (2) The terms and conditions upon which arrangements under subsection (1) are made may include provision for the making of payments to the Welsh Ministers by the person or body to whom the services are provided.

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193 Miscellaneous amendments

(1) Section 2 of the Coast Protection Act 1949 (c. 74) (constitution of coast protection boards) is amended as set out in subsections (2) and (3). (2) In subsection (2), after paragraph (b) insert— (ba) the Welsh Ministers, in relation to any powers or duties they have in relation to fishing and fisheries in any part of the area; . (3) In subsection (8)(a), after “Sea Fish Industry Act 1951,” insert “ or the Welsh Ministers, ”. (4) In section 27(1) of the Wildlife and Countryside Act 1981 (c. 69) (interpretation of Part 1), in paragraph (c) of the definition of “authorised person”, for “by any” substitute by— (i) the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009); (ii) any .

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194 Size limits for sea fish

(1) Section 1 of the Sea Fish (Conservation) Act 1967 (c. 84) (size limits, etc for fish) is amended as follows. (2) In subsection (1), for the words from “, being a fish” to “prescribed” substitute “ which does not meet such requirements as to size as may be prescribed ”. (3) In subsection (2), for the words from “, being a fish” to “prescribed” substitute “ which does not meet such requirements as to size as may be prescribed ”. (4) For subsection (3) substitute— (3) Sea fish of any description which do not meet the requirements as to size prescribed in relation to sea fish of that description by an order of the appropriate national authority shall not be carried, whether within or outside relevant British fishery limits, on a relevant British vessel; and an order under this subsection may prohibit the carrying by a Scottish or Northern Ireland fishing boat or a foreign vessel in waters to which subsection (3A) applies of sea fish of any description prescribed by the order which do not meet the requirements as to size so prescribed in relation to sea fish of that description. (3A) This subsection applies to the sea within British fishery limits, other than the Scottish zone and the Northern Ireland zone. “Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act). (5) For subsection (9) substitute— (9) In this section— “the appropriate national authority” means— in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers; in any other case, the Secretary of State; “foreign vessel” means any vessel other than a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat; “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging; “relevant British vessel” means a vessel, other than a Scottish fishing boat or a Northern Ireland fishing boat, which— is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.

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195 Regulation of nets and other fishing gear

(1) Section 3 of the Sea Fish (Conservation) Act 1967 (c. 84) (regulation of nets and other fishing gear) is amended as follows. (2) After subsection (2) insert— (2A) An order under this section may be made by the appropriate national authority so as to extend to nets or other fishing gear used by any person, otherwise than from a fishing boat, for fishing for or taking sea fish in the sea within the seaward limits of the territorial sea adjacent to England and Wales. (2B) In subsection (2A) above “the appropriate national authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers. (3) After subsection (5) insert— (5A) A person who contravenes an order made under this section by virtue of subsection (2A) above shall be guilty of an offence under this section.

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196 Charging for commercial fishing licences

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In section 22 of that Act (interpretation) after subsection (3) insert— (3A) Any reference in this Act to a class is a reference to a class defined or described by reference to any circumstances whatsoever (whether or not relating to fishing or vessels).

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197 Grant of licences subject to conditions imposed for environmental purposes

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198 Power to restrict fishing for sea fish

(1) Section 5 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to restrict fishing for sea fish) is amended as follows. (2) For subsection (1) substitute— (1) Subject to the provisions of this section, the appropriate national authority may make an order— (a) prohibiting, in any area specified in the order and either for a period so specified or without limitation of time— (i) all fishing for sea fish; (ii) fishing for any description of sea fish specified in the order; (iii) fishing for sea fish, or for any description of sea fish specified in the order, by any method so specified; (b) restricting, in any area specified in the order and either for a period so specified or without limitation of time, the amount of sea fish, or sea fish of a description specified in the order, that may, in any period so specified, be taken by— (i) any person; (ii) any fishing boat. A person who contravenes any prohibition or restriction imposed by an order under this section shall be guilty of an offence under this subsection. (1A) Where any fishing boat is used in contravention of any prohibition or restriction imposed by an order under this section, the master, the owner and the charterer (if any) shall each be guilty of an offence under subsection (1) above. (1B) An order under this section which prohibits in any area— (a) fishing for sea fish, or for any description of sea fish specified in the order, or (b) fishing for sea fish, or for any description of sea fish specified in the order, by any method so specified, may provide that any fishing gear, or any fishing gear of a description specified in the order, of any fishing boat in that area must be stowed in accordance with provision made by the order. (1C) An order under this section restricting the amount of sea fish of any description that may be caught in a period specified in the order may provide that, for the purposes of paragraph (b) of subsection (1) above, any sea fish of that description that, after being caught in that period, is returned to the sea as soon as that amount is exceeded is not to be treated as having been caught in contravention of the restriction imposed by the order. (3) For subsection (8) substitute— (8) The only provision that may be made by an order under this section in relation to an area outside British fishery limits, or an area within the Scottish zone or the Northern Ireland zone, is provision applying to— (a) a British fishing boat, other than a Scottish fishing boat or a Northern Ireland fishing boat, that is registered in the United Kingdom; or (b) in so far as the order relates to fishing for salmon or migratory trout, a fishing boat which is British-owned but not registered under the Merchant Shipping Act 1995. (9) In this section— “the appropriate national authority” means— in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers; in any other case, the Secretary of State; “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging; “Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).

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199 Penalties for offences

(1) The Sea Fish (Conservation) Act 1967 (c. 84) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In section 15 (powers of British sea-fishery officers for enforcement of that Act)— (a) in subsection (2C) (penalties for certain offences) omit paragraph (b) and the “or” preceding it; (b) after that subsection insert— (2D) Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000. (2E) Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20,000. (4) In section 16 (enforcement of orders under sections 1 and 2 of that Act), for subsection (1A) (penalties for certain offences) substitute— (1A) Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000. (1B) Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20,000.

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200 Offences by directors, partners, etc

In the Sea Fish (Conservation) Act 1967 (c. 84), for section 12 (offences committed by bodies corporate) substitute— Offences by directors, partners, etc 12 (1) Where a relevant offence has been committed by a body corporate and it is proved that the offence— (a) has been committed with the consent or connivance of a person falling within subsection (2), or (b) is attributable to any neglect on the part of such a person, that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly. (2) The persons are— (a) a director, manager, secretary or similar officer of the body corporate; (b) any person who was purporting to act in such a capacity. (3) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate. (4) Where a relevant offence has been committed by a Scottish firm and it is proved that the offence— (a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or (b) is attributable to any neglect on the part of such a person, that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly. (5) In this section “relevant offence” means an offence under any provision of sections 1 to 6 of this Act.

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201 Minor and consequential amendments

Schedule 15 contains minor and consequential amendments relating to this Chapter.

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202 Power to make orders as to fisheries for shellfish

(1) Section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make orders as to fisheries for shellfish) is amended as set out in subsections (2) and (3). (2) In subsection (1), for the words from “shellfish” to “Minister” substitute “ shellfish of any kind specified in the order ”. (3) Omit subsection (4) (certain consents required for orders made in relation to land belonging to Crown etc). (4) In Schedule 1 to that Act (provisions with respect to making of orders under section 1), in paragraph 6— (a) the existing provision is renumbered as sub-paragraph (1), and (b) after that sub-paragraph insert— (2) Where the proposed order relates to any portion of the sea shore belonging to Her Majesty in right of the Crown, the appropriate Minister shall also have regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961. (5) In section 15 of the Sea Fisheries Act 1968 (c. 77) (which amended section 1 of the Sea Fisheries (Shellfish) Act 1967)— (a) omit subsection (2); (b) in subsection (3), for “that section” substitute “ section 1 of that Act ”.

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203 Variation etc of orders as a result of development

In section 1 of the Sea Fisheries (Shellfish) Act 1967 (power to make orders as to fisheries for shellfish), for subsection (6) substitute— (6) Any order made under this section may be varied or revoked by a subsequent order made under this section. (7) Subject to subsection (8) below, subsections (1) to (5) above shall apply in relation to any such subsequent order and to an application for such an order as they apply in relation to an original order made under this section and to an application for such an order. (8) Subsection (7) above does not apply in the case of any order made by virtue of subsection (10) below. (9) Subsection (10) below applies in any case where it appears to the appropriate Minister that— (a) permission has been granted for the carrying out of any development in, on or over any portion of the sea shore to which an order made under this section relates (the “affected area”), and (b) as a result of the development, it will be impossible or impracticable to exercise any right of several fishery or of regulating a fishery conferred by the order in the affected area. (10) In any such case, the appropriate Minister may— (a) vary the order so that the area to which the order relates no longer includes the affected area, or (b) if the affected area comprises the whole or the greater part of the area to which the order relates, revoke the order. (11) The provision that may be made by an order made by virtue of subsection (10) above includes— (a) provision requiring the owners of the affected area to pay compensation to any persons who, at the time of the making of the order, are entitled to a right of several fishery in any part of the affected area by virtue of an order under this section; (b) provision for the amount of any such compensation to be specified in, or determined in accordance with provision made by, the order (including provision for or in connection with the appointment of a person to make any such determination). (12) Before making an order by virtue of subsection (10) above, the appropriate Minister must consult— (a) any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the affected area by virtue of an order under this section, and (b) the owners or reputed owners, lessees or reputed lessees and occupiers, if any, of the affected area. (13) The appropriate Minister may require the owners of the affected area to provide him with such information relating to the development as he may reasonably require for the purpose of deciding whether to make an order by virtue of subsection (10) above. (14) In this section “development” has the same meaning as in the Town and Country Planning Act 1990.

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204 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)— (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— (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, 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 purposes relating to the regulation of ”.

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205 Increase in penalties for certain offences relating to fisheries for shellfish

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206 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 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. (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; .

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207 Restrictions imposed by grantees, etc

In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of regulating a fishery), after subsection (5) (inserted by section 206) 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 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. (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.

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208 Cancellation of licence after single relevant conviction

In section 4(7) of the Sea Fisheries (Shellfish) Act 1967 (which enables a 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”.

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209 Register of licences

After section 4 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (licensing powers in case of regulated fishery) insert— Register of licences 4ZA (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. (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 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 making the request.

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210 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 ”. (3) In subsections (2) and (3)— (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— (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 the shellfish in respect of which the owner of the bed has private rights independently of this Act.

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211 Use of implements of fishing

(1) Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is amended as follows. (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 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 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 case of a person who uses an implement otherwise than in accordance with provision made by virtue of this subsection.

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212 Taking of crabs and lobsters for scientific purposes

(1) Section 17 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (taking and sale of certain crabs and lobsters prohibited) is amended as follows. (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— (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, (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 (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 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 (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— 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— the Scottish zone, the Northern Ireland zone, or the Welsh zone; 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; “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.

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213 Orders prohibiting the taking and sale of certain lobsters

(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 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— (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— (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 Scottish Parliament.

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214 Power to appoint inspector before making orders as to fisheries for shellfish

(1) Schedule 1 to the Sea Fisheries (Shellfish) Act 1967 (provisions with respect to making of orders under section 1) is amended as follows. (2) In paragraph 4 (appointment of inspector)— (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. (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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215 Prohibited implements

(1) In the Salmon and Freshwater Fisheries Act 1975 (c. 51), section 1 (prohibited 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 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 ”. (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 (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 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,”; (b) subsection (4).

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216 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)— (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 ”. (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 ”; (c) in paragraph (b), for “any salmon, trout or freshwater fish” substitute “ any such fish ”. (4) After subsection (3) insert— (3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws. (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 below. (7) Subsection (3A) of section 1 above applies for the purposes of this section.

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217 Licences to fish

(1) In section 25 of the Salmon and Freshwater Fisheries Act 1975 (licences to fish), for subsection (1) substitute— (1) The Agency shall by means of a system of licensing regulate fishing by licensable means of fishing for— (a) salmon, trout, eels, lampreys, smelt and freshwater fish; and (b) fish of such other description as may be specified for the purposes of this section by order under section 40A below. (1A) In this Act “licensable means of fishing” means any of the following— (a) rod and line; (b) an historic installation; (c) such other means of fishing as the appropriate national authority may by order specify. (1B) In this Act “historic installation” means any of the following— (a) a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine; (b) a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage; (c) a fishing weir or fishing mill dam which was lawfully in use on 6th August 1861 by virtue of a grant or charter or immemorial usage. (2) In that section, in subsection (2), after “area or areas” insert “ (or in waters of such description or descriptions) ”. (3) In that section, in subsection (4), the words from “gaff” to “tailer or” are omitted. (4) In that section, subsections (5) and (6) are omitted. (5) In that section, at the end insert— (10) For the purposes of this Part, the Agency may permit a person to take fish of any description in circumstances where he would for those purposes otherwise require a fishing licence. (11) Permission under subsection (10) above— (a) must be in writing; (b) may be given generally or specifically; (c) may be given subject to conditions. (6) In Schedule 2 to that Act (licences)— (a) in paragraph 11, the words from “together” to the end are omitted; (b) paragraph 12 is omitted. (7) In that Schedule, after paragraph 14 insert— Historic installations 14A (1) Where a fishing licence is granted in respect of an historic installation, the Agency may at any time, subject to this paragraph, impose conditions on its use pursuant to the licence. (2) Conditions under sub-paragraph (1) above are to be imposed by notice in writing to the person holding the licence. (3) A notice under sub-paragraph (1) above may be varied or revoked by a further such notice. (4) The Agency may only impose conditions under sub-paragraph (1) above where it considers that it is necessary to do so for the protection of any fishery.

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