Marine and Coastal Access Act 2009

Section 201

Schedule 15 E+W Sea Fish (Conservation) Act 1967: minor and consequential amendments

Sea Fish (Conservation) Act 1967 (c. 84) E+W

1 (1) Section 1 (size limits, etc for fish) is amended as follows. E+W

(2) In subsection (4)—

(a) for “Different sizes” substitute “ Different requirements as to size ”;

(b) for “different sizes” substitute “ different requirements as to size ”.

(3) In subsection (5)—

(a) for “a size” substitute “ requirements as to size ”;

(b) for the words from “if the part” to the end substitute “ if the part does not meet the requirements as to size so prescribed. ”

(4) In subsection (8)—

(a) for “a relevant British fishing boat or a Scottish fishing boat” substitute “ a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat ”;

(b) for “foreign fishing boat” substitute “ foreign vessel ”.

Commencement Information

I1 Sch. 15 para. 1 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

2 (1) Section 3 (regulation of nets and other fishing gear) is amended as follows. E+W

(2) In subsection (3)(c), after “classes of fishing boats,” insert “ or particular persons or persons of a particular description, ”.

(3) In subsection (7), after “carrying” (in each place where it occurs) insert “ or use ”.

Commencement Information

I2 Sch. 15 para. 2 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

3 (1) Section 5 (power to restrict fishing for sea fish) is amended as follows. E+W

(2) In subsection (2), for the words after “different provision” substitute “ for different cases ”.

(3) In subsection (5), after “prohibition” insert “ or restriction ”.

(4) In subsection (6)—

(a) after “is made” insert “ by virtue of paragraph (a) of subsection (1) above ”;

(b) for “any fishing operations conducted” substitute “ fishing ”;

(c) for the words from “are taken” to “applies” substitute “ are caught by a person, or taken on board a fishing boat, in contravention of the prohibition ”.

(5) After subsection (6) insert—

“(6A) A person who does not comply with subsection (6) above shall be guilty of an offence under that subsection.”

Commencement Information

I3 Sch. 15 para. 3 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

4 E+W In section 11 (penalties for offences), in subsection (3), for “subsection (5)” substitute “ subsection (4) ”.

Commencement Information

I4 Sch. 15 para. 4 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

Fisheries Act 1981 (c. 29) E+W

5 (1) Schedule 4 (exemptions for fish farming) is amended as follows. E+W

(2) In Part 1 (offences to which section 33(1) applies)—

(a) in paragraph 12, for “smaller than prescribed size” substitute “ which do not meet prescribed size requirements ”;

(b) in paragraph 13, after “section 3(5)” insert “ or (5A) ”;

(c) in paragraph 16, after “prohibiting” insert “ or restricting ”.

(3) In Part 2 (offences to which section 33(5) applies), in paragraph 33—

(a) for “the Sea Fisheries (Conservation) Act 1967” substitute “ the Sea Fish (Conservation) Act 1967 ”;

(b) for “smaller than the prescribed size” substitute “ which do not meet prescribed size requirements ”.

Commencement Information

I5 Sch. 15 para. 5 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8