Legalize / United Kingdom / Public General Act

Fisheries Act 2020

Type Public General Act

Publication 2020-11-23

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(7) Before making regulations under sub-paragraph (1) the Northern Ireland department must consult such persons as it considers appropriate.

(8) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.

(9) In sub-paragraphs (1) to (8)—

“first-sale fish” means fish which is marketed for the first time;

“fishing quota” means—a catch quota or an effort quota, orany other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

SCHEDULE 8

PART 1 — Scottish Ministers

Power to make provision about fisheries, aquaculture etc

1

(1) The Scottish Ministers may by regulations make provision—

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Scottish Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

Paragraph 1: interpretation

2

(1) In paragraph 1 and this paragraph—

“regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—straddling stocks,stocks of highly migratory species, orany other marine stocks;

“regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

“sea fishing equipment” means—fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), orequipment used to monitor sea fishing;

“traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—caught, harvested or made, ortransported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(3) For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(4) For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases

3

(1) The Scottish Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Scottish Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 1 or 3

4

(1) Regulations under paragraph 1 or 3 may—

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 1 or 3 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 1 or 3 may only include provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(4) Regulations under paragraph 1 or 3 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(5) The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(6) The power to make regulations under paragraph 1 or 3 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments).

(7) In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements

5

(1) Before making regulations under paragraph 1 or 3 the Scottish Ministers must consult—

(a) the Secretary of State,

(b) the Welsh Ministers,

(d) such other persons likely to be affected by the regulations as the Scottish Ministers consider appropriate.

(2) Regulations under paragraph 1 or 3 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2) regulations under paragraph 1 or 3 are subject to the negative resolution procedure.

PART 2 — Welsh Ministers

Power to make provision about fisheries, aquaculture etc

6

(1) The Welsh Ministers may by regulations make provision—

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Welsh Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

Paragraph 6: interpretation

7

(1) In paragraph 6 and this paragraph—

“regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—straddling stocks,stocks of highly migratory species, orany other marine stocks;

“regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

“sea fishing equipment” means—fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), orequipment used to monitor sea fishing;

“traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—caught, harvested or made, ortransported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(3) For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(4) For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases

8

(1) The Welsh Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Welsh Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 6 or 8

9

(1) Regulations under paragraph 6 or 8 may—

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 6 or 8 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 6 or 8 may only include—

(a) provision which would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, or

(b) provision extending to England and Wales so far as it relates to the regulation of sea fishing by Welsh fishing boats outside the Welsh zone.

(4) Provision which does not fall within sub-paragraph (3)(a), but which would do so but for a requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006, may be included in regulations under paragraph 6 or 8 with the consent of the Secretary of State.

(5) Regulations under paragraph 6 or 8 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(6) The reference in sub-paragraph (5) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(7) A power to make regulations under paragraph 6 or 8 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments).

(8) In sub-paragraph (7) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements

10

(1) Before making regulations under paragraph 6 or 8 the Welsh Ministers must consult—

(a) the Secretary of State,

(b) the Scottish Ministers,

(d) such other persons likely to be affected by the regulations as the Welsh Ministers consider appropriate.

(2) Regulations under paragraph 6 or 8 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2) regulations under paragraph 6 or 8 are subject to the negative resolution procedure.

PART 3 — The Northern Ireland department

Power to make provision about fisheries, aquaculture etc

11

(1) The Northern Ireland department may by regulations make provision—

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Northern Ireland department may put information obtained in the exercise of its functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

Paragraph 11: interpretation

12

(1) In paragraph 11 and this paragraph—

“regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—straddling stocks,stocks of highly migratory species, orany other marine stocks;

“regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

“sea fishing equipment” means—fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), orequipment used to monitor sea fishing;

“traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—caught, harvested or made, ortransported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(3) For the purposes of paragraph 11, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(4) For the purposes of paragraph 11, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases

13

(1) The Northern Ireland department may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Northern Ireland department considers may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 11 or 13

14

(1) Regulations under paragraph 11 or 13 may—

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 11 or 13 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 11 or 13 may only include provision which would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(4) Regulations under paragraph 11 or 13 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(5) The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(6) A power to make regulations under paragraph 11 or 13 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule and section 52 so far as it applies for the purposes of those enactments).

(7) In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements

15

(1) Before making regulations under paragraph 11 or 13 the Northern Ireland department must consult—

(a) the Secretary of State,

(b) the Scottish Ministers,

(d) such other persons likely to be affected by the regulations as the Northern Ireland department considers appropriate.

(2) Regulations under paragraph 11 or 13 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2), regulations under paragraph 11 or 13 are subject to the negative resolution procedure.

SCHEDULE 9

PART 1 — Amendments of the Conservation of Seals Act 1970

1

The Conservation of Seals Act 1970 is amended in accordance with paragraphs 2 to 12.

2

For section 1 (prohibited methods of killing seals) substitute—

(1) A person commits an offence if the person intentionally or recklessly kills, injures or takes a seal.

3

Omit section 2 (close seasons for seals).

4

Omit section 3 (orders prohibiting killing seals).

5

In section 4 (apprehension of offenders and powers of search and seizure), in subsection (1), in paragraph (c) for “seal, seal skin, firearm, ammunition or poisonous” substitute “ seal, item or ”.

6

In section 6 (forfeitures), for the words from “any seal or seal” to the end substitute—

(a) any seal or seal skin in respect of which the offence was committed; (b) any item (but not a vehicle or boat) or substance used in connection with the commission of the offence; (c) any seal, seal skin, poisonous or explosive substance, explosive article, firearm or ammunition, in the person's possession at the time of the offence.

7

In section 8 (attempt to commit offence), in subsection (2)—

(a) after “poisonous” insert “ or explosive ”;

(b) after “substance” insert “ , any explosive article ”;

8

In section 9 (general exceptions)—

(a) in subsection (1)—

(i) for “2 or 3” substitute “ 1 ”;

(ii) in paragraph (a), omit “otherwise than by his act”;

(iii) omit paragraphs (b) and (c);

(b) in subsection (2)—

(i) omit “, 2 or 3”;

(ii) omit “otherwise than by his act”.

9

In section 10 (power to grant licences)—

(a) in subsection (1), in paragraph (c)—

(i) omit sub-paragraphs (i) and (iii) (but not the “or” after paragraph (iii));

(ii) after sub-paragraph (ii) insert—

(iia) the protection of animal or human health or public safety,

;

(b) after subsection (1) insert—

(1A) Nothing in subsection (1) is to be read as authorising the grant of a licence for the purpose of the protection, promotion or development of commercial fish or aquaculture activities within the meaning of the Fisheries Act 2020 (see section 52 of that Act).

10

In section 11 (entry upon land)—

(a) in subsection (1), omit paragraph (b);

(b) in subsection (2), omit paragraph (d);

(i) omit the words from “, or in the” to “28 days' notice,”;

(ii) omit the words from “; and in the case” to the end;

(d) omit subsection (5).

11

Omit section 14 (orders).

12

In section 15 (interpretation), at the appropriate places insert—

“explosive article” means an article (for example, a bomb or a firework) containing one or more explosive substances;

;

“explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is — (a) capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or (b) designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;

;

“preparation” means a mixture of two or more substances or a solution of any substance or substances;

PART 2 — Amendments of the Wildlife (Northern Ireland) Order 1985

13

The Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) is amended in accordance with paragraphs 14 to 19.

14

In Article 10 (protection of certain wild animals), in paragraph (4A), for paragraphs (a) and (b) substitute—

(a) a seal (pinniped), or

15

In Article 11 (exceptions to Article 10)—

(a) after paragraph (1) insert—

(1A) Article 5(5) (as it applies to Article 10 by virtue of paragraph (1)) applies in relation to seals (pinnipedia) as if— (a) in sub-paragraphs (a) and (b) the words “otherwise than by his unlawful act” were omitted, and (b) sub-paragraph (c) were omitted.

;

(b) after paragraph (3) insert—

(3A) Paragraph (3) applies in relation to seals (pinnipedia) as if “or to fisheries” were omitted.

16

In Article 18 (power to grant licences), after paragraph (3) insert—

(3ZA) But a licence may not be granted under paragraph (3) that permits the killing, injuring or taking of seals (pinnipedia) for the purpose of preventing damage to fisheries.

17

In Schedule 5 (animals which are protected at all times), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

Seal	Pinniped

18

In Schedule 6 (animals which may not be killed or taken by certain methods), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

Seal	Pinniped

19

In Schedule 7 (animals which may not be sold alive or dead at any time), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

Seal	Pinniped

SCHEDULE 10

PART 1 — General powers and duties of the Marine Management Organisation

1

The Marine and Coastal Access Act 2009 is amended as follows.

2

(1) Section 24 (research) is amended as follows.

(2) After subsection (2) insert—

(2A) The MMO must, at the request of the Secretary of State— (a) undertake research into any international marine matter, or (b) commission or support (by financial means or otherwise) research into any such matter; and may, in complying with such a request, undertake, commission or support research with other bodies or persons. (2B) The MMO must, at the request of the Secretary of State, make the results of any research under subsection (2A) available to any person.

(3) In subsection (3), after “Subsection (2)” insert “ or (2A) ”.

(4) After subsection (3) insert—

(4) For the purposes of this section a matter is an “international marine matter” if— (a) it relates to an area outside the UK marine area, and (b) the MMO has power under subsection (1)(a) to undertake research into a corresponding matter that relates to the UK marine area or an area within it. (5) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15). (6) References in this section to a person include a person outside the United Kingdom.

3

(1) Section 25 (advice, assistance and training facilities) is amended as follows.

(2) After subsection (3) insert—

(3A) The MMO must, at the request of the Secretary of State, provide advice to any person (including a person outside the United Kingdom) on any international marine matter that is within its knowledge or experience.

(3) After subsection (4) insert—

(5) The MMO must, at the request of the Secretary of State, provide any person outside the United Kingdom with— (a) assistance, or (b) the use of training facilities, as respects any matter of which the MMO has knowledge or experience. (6) For the purposes of this section a matter is an “international marine matter” if— (a) it relates to an area outside the UK marine area, and (b) the MMO has power under subsection (3)(a) (on request) to provide advice on a corresponding matter that relates to the UK marine area or an area within it. (7) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).

4

(1) Section 26 (provision of information etc) is amended as follows.

(2) After subsection (1) insert—

(1A) The MMO must, at the request of the Secretary of State— (a) publish documents or provide information about any international marine matter, or (b) assist in the publication of such documents or the provision of such information.

(3) In subsection (2), at the end insert “ or the duty imposed by subsection (1A) ”.

(4) After subsection (2) insert—

(3) For the purposes of this section a matter is an “international marine matter” if— (a) it relates to an area outside the UK marine area, and (b) the MMO has power under subsection (1)(a) to publish documents or provide information about a corresponding matter that relates to the UK marine area or an area within it. (4) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).

5

In section 27 (power to charge for services), in subsection (3)—

(a) in paragraph (b), after “24(2)” insert “ or (2B) ”;

(b) in paragraph (c), for “or (4)” substitute “, (3A), (4) or (5)”.

PART 2 — Powers relating to the exploitation of sea fisheries resources

6

The Marine and Coastal Access Act 2009 is amended in accordance with paragraphs 7 to 31.

7

In the heading of Chapter 1 of Part 5, after “marine conservation zones” insert “ and management of sea fisheries ”.

8

(1) Section 117 (grounds for designation of MCZs) is amended as follows.

(2) In subsection (4), for “The reference in subsection (1)(a)” substitute “ Any reference in this Chapter ”.

(3) In subsection (5), for “The references in subsection (1)(a) and (b)” substitute “ Any reference in this Chapter ”.

(4) In subsection (6), after “Any reference” insert “ in this Chapter ”.

9

In the italic heading before section 129, for “protection of MCZs etc: England” substitute “ marine conservation: England and the English offshore region ”.

10

In section 129 (byelaws for protections of MCZs in England), in subsection (7), for “subject to specified exceptions” substitute—

(a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period.

11

After section 129 insert—

(129A) (1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in England for the purposes of conserving— (a) marine flora or fauna, or (b) marine habitats or types of marine habitat. (2) A byelaw under this section may be made so as to apply to any area in England. (3) A byelaw under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the byelaw is made. (4) The provision that may be made by a byelaw under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of— (a) a right of several fishery; (b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage. (5) But the MMO may make a byelaw that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents. (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to— (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981, (b) a national nature reserve declared in accordance with section 35 of that Act, (c) a Ramsar site, within the meaning of section 37A of that Act, (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or (e) an MCZ. (7) See also section 129C (supplementary). (129B) (1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) A byelaw under this section may be made so as to apply to any area in the English offshore region. (3) A byelaw under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) See also section 129C (supplementary). (129C) (1) The provision that may be made by a byelaw under section 129A or 129B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4). (2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the MMO, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the MMO to limit the number of permits issued by it. (4) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (5) A byelaw under section 129A or 129B may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (6) A byelaw under section 129A or 129B may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (7) In this section “specified” means specified in the byelaw.

12

(1) Section 130 (byelaws: procedure) is amended as follows.

(2) In subsection (1) after “129” insert “ , 129A or 129B ”.

(3) In subsection (2), after “the byelaw” insert “ is made under section 129 or 129A and ”.

(4) After subsection (2) insert—

(2A) If the byelaw is made under section 129B and— (a) the byelaw would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers; (b) the byelaw would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of a draft of the byelaw to the Scottish Ministers; (c) the byelaw would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of a draft of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(5) In subsections (8) and (9), after “129” insert “ , 129A or 129B ”.

(6) In subsection (11), for the words from “where” to the end substitute “ in relation to a byelaw made by virtue of section 131 (emergency byelaws) ”.

13

(1) Section 131 (emergency byelaws) is amended as follows.

(2) In subsection (1), after “that purpose” insert “ under section 129 ”.

(3) After subsection (1) insert—

(1A) Where the MMO thinks that there is an urgent need to protect the English offshore region, a byelaw made by it under section 129B for that purpose has effect without being confirmed by the Secretary of State.

(4) In subsection (8)(a), after “MCZ” insert “ , or under section 129B in respect of the English offshore region, ”.

14

(1) Section 132 (interim byelaws) is amended as follows.

(2) After subsection (1) insert—

(1A) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purpose of protecting any feature in an area in that region if the MMO thinks— (a) that there are or may be reasons for the Secretary of State to consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature.

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (4), for “an interim byelaw” substitute “ a byelaw made under subsection (1) ”.

(5) After subsection (4) insert—

(4A) Section 129C applies to a byelaw made under subsection (1A) as it applies to a byelaw made under section 129A or 129B.

15

(1) Section 133 (further provision) is amended as follows.

(2) In subsection (1) for “or 132” substitute “ , 129A, 129B or 132(1) or (1A) ”.

(3) In subsection (3), after “applies” insert “ is made under section 129, 129A or 132(1) and ”.

(4) After subsection (3) insert —

(3A) If the byelaw is made under section 129B or 132(1A) and— (a) the byelaw will or may affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of the byelaw to the Welsh Ministers; (b) the byelaw will or may affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of the byelaw to the Scottish Ministers; (c) the byelaw will or may affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(5) In subsection (6) after “129” insert “ or 129A ”.

(6) After subsection (6) insert—

(6A) In the case of a byelaw made under section 129B in accordance with section 130, subsection (3A) applies only after the byelaw has been confirmed under section 130(8).

16

In the italic heading before section 134, for “protection of MCZs etc: Wales” substitute “ marine conservation: Wales and the Welsh offshore region ”.

17

After section 134 insert—

(134A) (1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in Wales for the purposes of conserving— (a) marine flora or fauna, or (b) marine habitats or types of marine habitat. (2) An order under this section may be made so as to apply to any area in Wales. (3) An order under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the order is made. (4) The provision that may be made by an order under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of— (a) a right of several fishery; (b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage. (5) But the Welsh Ministers may make an order that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents. (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to— (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981, (b) a national nature reserve declared in accordance with section 35 of that Act, (c) a Ramsar site, within the meaning of section 37A of that Act, (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or (e) an MCZ. (7) See also section 134C (supplementary). (134B) (1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) An order under this section may be made so as to apply to any area in the Welsh offshore region. (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) See also section 134C (supplementary). (134C) (1) The provision that may be made by an order under section 134A or 134B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4). (2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Welsh Ministers, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the Welsh Ministers to limit the number of permits issued by them. (4) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (5) An order under section 134A or 134B may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (6) An order under section 134A or 134B may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (7) In this section “specified” means specified in the order.

18

(1) Section 135 (consultation) is amended as follows.

(2) In the heading, after “134” insert “ , 134A or 134B ”.

(3) In subsection (1), after “section 134” insert “ or 134A ”.

(4) After subsection (1) insert—

(1A) Before making an order under section 134B the Welsh Ministers must— (a) consult the Secretary of State, (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO, (c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers, (d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and (e) consult any other person whom they think fit to consult.

(5) In subsection (2), after “134” insert “ , 134A or 134B ”.

(6) In subsection (4)—

(a) for “in order to protect an MCZ” substitute “ , 134A or 134B ”;

(b) for paragraph (a) substitute—

(a) subsections (1) and (1A) do not apply in relation to the making of that order, and

19

(1) Section 136 (interim orders) is amended as follows.

(2) After subsection (1) insert—

(1A) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purpose of protecting any feature in an area in that region if they think— (a) that there are or may be reasons to consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature.

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (4), for “an interim order” substitute “ an order made under subsection (1) ”.

(5) After subsection (4) insert—

(4A) Section 134C applies to an order made under subsection (1A) as it applies to an order made under section 134A or 134B.

20

(1) Section 137 (further provision) is amended as follows.

(2) In the heading, after “134” insert “ 134A, 134B ”.

(3) In subsection (1), for “or 136” substitute “ , 134A, 134B or 136(1) or (1A) ”.

(4) In subsection (2), at the end insert “ and (in the case of an order under section 134B) to any person consulted under section 135(1A) ”.

21

After section 137 insert—

(137A) (1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) An order under this section may be made so as to apply to any area in the Scottish offshore region. (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7). (5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Scottish Ministers, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the Scottish Ministers to limit the number of permits issued by it. (7) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (8) An order under this section may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (9) An order under this section may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (10) In this section “specified” means specified in the order. (11) An order under this section that contains provision for the charging of fees for permits (including provision changing the level of fees) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)). (12) Any other order under this section is subject to the negative procedure (see that Part of that Act). (137B) (1) Before making an order under section 137A the Scottish Ministers must— (a) consult the Secretary of State, (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO, (c) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, (d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and (e) consult any other person whom they think fit to consult. (2) The Scottish Ministers must publish notice of the making of an order under section 137A. (3) The notice under subsection (2) must— (a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected. (4) Where the Scottish Ministers think that there is an urgent need to make an order under section 137A to protect the Scottish offshore region— (a) subsection (1) does not apply, and (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Scottish Ministers. (5) Where in reliance on subsection (4)(a) the Scottish Ministers do not comply with subsection (1) before making an order under section 137A, that order— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (6) The Scottish Ministers may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 12 months. (137C) (1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purpose of protecting any feature in any area in that region if they think— (a) that there are or may be reasons to consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature. (2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question). (3) Subsections (4) to (10) of section 137A apply to an interim order under this section. (4) An interim order under this section— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (5) The Scottish Ministers must publish notice of the making of an interim order under this section. (6) The notice under subsection (5) must— (a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected; (c) state that any person affected by the making of the order may make representations to the Scottish Ministers. (7) The Scottish Ministers must keep under review the need for an interim order under this section to remain in force. (8) The Scottish Ministers may by further order extend the period for which an interim order remains in force. (9) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ. (10) An order under this section is subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)). (137D) (1) This section applies to any order made under section 137A or 137C. (2) The Scottish Ministers must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137B(2). (3) The Scottish Ministers must— (a) make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment; (b) provide a copy of any such order to any person who requests one. (4) An order to which this section applies may be amended or revoked by a further order. (137E) (1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) An order under this section may be made so as to apply to any area in the Northern Ireland offshore region. (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7). (5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Department, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the Department to limit the number of permits issued by it. (7) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (8) An order under this section may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (9) An order under this section may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (10) In this section “specified” means specified in the order. (11) In this section, and in sections 137F to 137H, “the Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. (137F) (1) Before making an order under section 137E the Department must— (a) consult the Secretary of State, (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO, (c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers, (d) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, and (e) consult any other person whom they think fit to consult. (2) The Department must publish notice of the making of an order under section 137E. (3) The notice under subsection (2) must— (a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected. (4) Where the Department think that there is an urgent need to make an order under section 137E to protect the Northern Ireland offshore region— (a) subsection (1) does not apply, (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Department. (5) Where in reliance on subsection (4)(a) the Department does not comply with subsection (1) before making an order under section 137A, that order— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (6) The Department may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 6 months.” (137G) (1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purpose of protecting any feature in any area in that region if the Department thinks— (a) that the appropriate authority should consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature. (2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question). (3) Subsections (4) to (10) of section 137E apply to an interim order under this section. (4) An interim order under this section— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (5) The Department may by further order extend the period for which the interim order is in force for a period not exceeding 6 months. (6) The Department must publish notice of the making of an interim order under this section. (7) The notice under subsection (6) must— (a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected; (c) state that any person affected by the making of the order may make representations to the Department. (8) The Department must keep under review the need for an interim order under this section to remain in force. (9) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ. (137H) (1) This section applies to any order made under section 137E or 137G. (2) The Department must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137F(2). (3) The Department must— (a) make a copy of any order to which this section applies available for inspection at such place as the Department thinks fit for that purpose at all reasonable hours without payment; (b) provide a copy of any such order to any person who requests one.

22

(1) Section 138 (hearings) is amended as follows.

(2) In the heading, omit “by Secretary of State or Welsh Ministers”.

(3) In subsection (1)(a) for “section 129” substitute “ this Chapter ”.

(4) In subsection (2)—

(a) in paragraph (a), after “134” insert “ , 134A or 134B ”;

(b) in paragraph (b), after “136(1)” insert “ or (1A) ”.

(5) After subsection (2) insert—

(2A) This section also applies where the Scottish Ministers have the function of— (a) deciding whether to make an order under section 137A; (b) deciding whether to make an order under section 137C. (2B) This section also applies where the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has the function of — (a) deciding whether to make an order under section 137E; (b) deciding whether to make an order under section 137G.

(6) In subsections (3), (4) and (5), after “Welsh Ministers” insert “ , the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland ”.

23

(1) Section 139 (offences) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “or 132(1)” substitute “ , 129A, 129B or 132(1) or (1A) ”;

(b) in paragraph (b), for “or 136(1)” substitute “ , 134A, 134B, 136(1) or (1A), 137A, 137C, 137E or 137G ”.

(3) For subsection (2) substitute—

(2) A person who is guilty of an offence under this section in respect of a contravention of— (a) a byelaw made under section 129 or 129A, (b) a byelaw made under section 132(1), (c) an order made under section 134 or 134A, or (d) an order made under section 136(1), is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2A) A person who is guilty of an offence under this section in respect of a contravention of a byelaw or order not specified in subsection (2) is liable— (a) on conviction on indictment, to a fine, or (b) on summary conviction, to a fine (in Scotland or Northern Ireland, not exceeding the statutory maximum).

(4) In subsection (4), for “England and Wales” substitute “ the United Kingdom ”.

24

In section 141 (exceptions), in subsection (1)(c)(i), for “or 134(4)” substitute “ 129C(3), 134(4), 134C(3), 137A(6) or 137E(6) ”.

25

In section 142 (fixed monetary penalties), in subsection (1), omit “(other than the Scottish offshore region)”.

26

(1) Section 147 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “interim byelaw” after “132(1)” insert “ or (1A) ”;

(b) in the definition of “interim order”, after “136(1)” insert “ or (1A) ”;

“sea fisheries resources” has the same meaning as in Chapter 1 of Part 6, and references to the exploitation of sea fisheries resources are to be read in accordance with section 153(12);

(3) After subsection (2) insert—

(3) For provision about the meaning of references to “conserving” a thing, see subsections (4) to (6) of section 117.

27

In section 166 (powers of IFC officers), in subsection (1)(e), after “129” insert “ , 129A, 129B ”.

28

In section 189 (power of Welsh Ministers in relation to fisheries in Wales)—

(a) in subsection (1), for “Subject to subsection (2), the” substitute “ The ”;

(b) omit subsection (2).

29

(1) Section 237 (enforcement of nature conservation legislation) is amended as follows.

(2) In the heading, after “conservation” insert “ or fisheries exploitation ”.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.