The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

Environment Agency byelaws outside an IFC district E+W

8.—(1) This article applies in relation to the following byelaws made by the Environment Agency exercising the powers of a local fisheries committee—

(a) the Sea Fisheries Byelaw 1998(1);

(b) byelaws 1, 2, 6, 7, 9, 10, 11, 13 and 14 of the Thames Region Sea Fishery Byelaws 2009(2); and

(c) byelaws 1 to 4 of the Sea Fisheries Fixed Engine Prohibition Byelaws 2010(3).

(2) Where any provision of the byelaws referred to in paragraph (1)—

(a) is in force immediately before the transfer date;

(b) has effect in relation to an area of river, stream or estuary that falls outside the boundary of an IFC district; and

(c) is such as could be comprised in an order made by the Secretary of State under section 1, 3, 5 or 5A of the Sea Fish (Conservation) Act 1967(4),

the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in such an order made by the Secretary of State.

(3) For the purposes of enforcing the provisions referred to in this article, the Environment Agency(5) may appoint officers with the powers mentioned in section 238(1) of the Marine and Coastal Access Act 2009.

(1)

Made under section 5 of the Sea Fisheries Regulation Act 1966 in relation to North West England on 18th May 1998 and confirmed by the Minister on 23rd November 1998.

(2)

Made under sections 5, 5A and 18(1) of the Sea Fisheries Regulation Act 1966 on 7th January 2009 and confirmed by the Secretary of State on 18th February 2009.

(3)

Made under sections 5, 5A and 18 of the Sea Fisheries Regulation Act 1966 on 11th October 2010 and confirmed by the Secretary of State on 22 December 2010.

(4)

1967 c.84, section 1 was substitute by section 19 of the Fisheries Act 1981 (c. 29) and further amended by section 314(2) of, and paragraph 38 of Schedule 13 to, the Merchant Shipping Act 1995, section 194 of, and paragraph 1 of Schedule 15 to, the Marine and Coastal Access Act 2009 and paragraph 43 of Schedule 2 to S.I. 1999/1820. Section 3 was amended by section 195 of, and paragraph 7 of Schedule 14 and paragraph 2 of Schedule 15 to, the Marine and Coastal Access Act 2009 and paragraph 43 of Schedule 2 to S.I. 1999/1820. Section 5 was substituted by section 22 of the Fisheries Act 1981 and further amended by section 198 of, and paragraph 3 of Schedule 15 to, the Marine and Coastal Access Act 2009 and paragraph 43 of Schedule 2 to S.I. 1999/1820. Section 5A was inserted by section 103(1) of the Environment Act 1995.

(5)

Section 10(1) and 18(3) of the Sea Fisheries Regulation Act 1966 enables the Environment Agency exercising the powers of a local fisheries committee to appoint fishery officers for the purpose of enforcing the observance of byelaws made by the Environment Agency in that capacity.