Sea Fisheries (Shellfish) Act 1967

17 Taking and sale of certain crabs and lobsters prohibited. E+W+S

(1) Subject to [F1 subsections (2) and (2A) ] of this section, any person who takes, has in his possession, sells, exposes for sale, buys for sale, or consigns to any person for the purpose of sale,—

(a) any edible crab carrying any spawn attached to the tail or other exterior part of the crab, or

(b) any edible crab which has recently cast its shell,

shall be guilty of an offence.

(2) A person shall not be guilty of an offence under subsection (1) of this section if he satisfies the court that the edible crabs found in his possession or alleged to have been sold, exposed for sale, bought for sale, or consigned to any person for the purpose of sale, were intended for bait for fishing.

[F2 (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.]

F3 (3) [F3 If the appropriate national authority by order so directs, no person shall, in the part of the United Kingdom to which the order relates, ] land, sell, expose or offer for sale, or have in his possession for the purpose of sale, any lobster which is carrying any spawn attached to the tail or some other exterior part of the lobster, or which is in such a condition as to show that, at the time when it was taken, it was carrying spawn so attached; [F4 and, subject to subsection (3B) of this section, any person ] who contravenes an order under this subsection shall be guilty of an offence.

[F5 ( 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.]

[F6 (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.]

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding, in the case of a first offence, [F7 level 3 on the standard scale] and, in the case of a second or subsequent offence, [F7 level 3 on the standard scale], and the court by which the offender is convicted may order the forfeiture of all crabs or lobsters found in his possession or alleged to have been sold, exposed or offered for sale, bought for sale, or consigned to any person for the purpose of sale, in contravention of subsection (1) of this section or of an order under subsection (3) thereof, as the case may be.

(5) An order under subsection (3) of this section may be varied or revoked by a subsequent order thereunder.

[F8 (6) In this section—

• “ the appropriate body ” means—

  (a)

  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—

  (i)

  the Scottish zone,

  (ii)

  the Northern Ireland zone, or

  (iii)

  the Welsh zone;

  (b)

  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. ]

Textual Amendments

F1 Words in s. 17(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 212(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

F2 S. 17(2A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 212(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

F3 Words in s. 17(3) substituted (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 213(2), 324(1)(c), 324(1)(d); S.I. 2009/3345, art. 2, Sch. para. 9

F4 Words in s. 17(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 212(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

F5 S. 17(3A) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 213(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

F6 S. 17(3B) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 212(5), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

F7 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and by 1994 c. 33, s. 157(1)(9), Sch. 8 Pt. I; S.I. 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that s. 17(4) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding level 3

F8 S. 17(6) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 212(6), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

Modifications etc. (not altering text)

C1 S. 17(1)(3) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 11 and by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33, Sch. 4 Pt. II para. 32

C2 S. 17(4): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)