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In force since 2026-10-20, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(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.
Propose a change(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.
Propose a change(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.
Propose a changeAn 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.
Propose a change(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.)
Propose a change(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.
Propose a changeSchedule 14 (which contains minor and consequential amendments relating to IFC authorities) has effect.
Propose a change(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).
Propose a change(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).
Propose a changeThe Sea Fisheries Regulation Act 1966 (c. 38), which provides for the establishment of sea fisheries districts and local fisheries committees, is repealed.
Propose a change(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.
Propose a change(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).
Propose a change(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.
Propose a change(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).
Propose a change(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.
Propose a change(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 .
Propose a change(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.
Propose a change(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.
Propose a change(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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Propose a change(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).
Propose a change(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.
Propose a changeIn 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.
Propose a changeSchedule 15 contains minor and consequential amendments relating to this Chapter.
Propose a change(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 ”.
Propose a changeIn 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.
Propose a change(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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Propose a change(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; .
Propose a changeIn 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.
Propose a changeIn 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”.
Propose a changeAfter 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.
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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).
Propose a change(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.
Propose a change(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.
Propose a change