Modifications etc. (not altering text)
C1Act: power to transfer functions conferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
(1)The provisions of this section shall have effect where—
(a)an order under section 1 of this Act grants a right of several fishery, or
(b)a [F1 private shellfish bed ] is owned by any person independently of this Act and is sufficiently marked out or sufficiently known as such.
(2)All shellfish of a description to which the order applies in or on a bed for such shellfish within the area of the fishery with respect to which the right of several fishery is conferred, or, as the case may be, all [F2 relevant shellfish ] in or on the [F3 private shellfish bed ], shall be the absolute property of the grantees or, as the case may be, of the owner of the bed and in all courts and for all purposes shall be deemed to be in the actual possession of the grantees or, as the case may be, owner.
(3)All such shellfish removed by any person from a bed for such shellfish within the area of the fishery with respect to which the right of several fishery is conferred, or, as the case may be, all [F4 relevant shellfish ] removed by any person from the [F5 private shellfish bed ], shall, unless F6. . . or disposed of by or under the authority of the grantees or, as the case may be, of the owner of the bed, be the absolute property of the grantees or, as the case may be, of the owner, and in all courts and for all purposes the absolute right to the possession thereof shall be deemed to be in the grantees or, as the case may be, owner.
(4)Subject to subsection (5) of this section, if within the limits of the area of the fishery with respect to which the right of several fishery is conferred or in any part of that area described for the purposes of this subsection in the order, or within the limits of any such [F7 private shellfish bed ], any person other than the grantees or an agent or employee of theirs or, as the case may be, the owner or an agent or employee of his knowingly does any of the following things, namely—
(a)uses any implement of fishing except—
(i)a line and hook; or
(ii)a net adapted solely for catching floating fish and so used as not to disturb or injure in any manner shellfish of the description in question or any bed therefor or the fishery therefor; [F8or [F9or
(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;]
(iii)in the case of several fishery, an implement of a type specified in the order and so used as not to disturb or injure in any manner shellfish of the description in question.]
(b)dredges for any ballast or other substance except under a lawful authority for improving the navigation;
(c)deposits any ballast, rubbish or other substance;
(d)places any implement, apparatus or thing prejudicial or likely to be prejudicial to any such shellfish, bed or fishery except for a lawful purpose of navigation or anchorage;
(e)disturbs or injures in any manner, except for a lawful purpose of navigation or anchorage, any such shellfish, bed or fishery;
he shall be guilty of an offence and liable on summary conviction to [F10a fine not exceeding, in the case of a first offence, [F11 £50,000 ], or, in the case of a second offence, [F11 £50,000 ], or, in the case of a third or subsequent offence, [F11 £50,000 ][F10a fine]], and shall also be liable to make full compensation to the grantees or, as the case may be, owner for all damage sustained by them or him by reason of the unlawful act; and such compensation in default of payment may be recovered from him by the grantees or owner as the case may be by proceedings in any court of competent jurisdiction whether he has been prosecuted for or convicted of the offence in question or not.
[F12( 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.]
(5)Nothing in subsection (4) of this section shall make it unlawful for any person to do any of the things therein mentioned—
(a)in the case of a right of several fishery granted by an order under section 1 of this Act, if at the time of his doing that thing the limits of the area of the fishery within which that right is exercisable or of the part of that area described for the purposes of the said subsection (4) in the order are not sufficiently marked out in manner prescribed by or under the order or if notice of those limits has not been given to that person in manner so prescribed;
(b)in the case of a [F13 private shellfish bed ] owned by any person independently of this Act, if the bed is not sufficiently marked out and known as such.
(6)
[F14In 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. ]
Textual Amendments
F1Words in s. 7(1)(b) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(2), 324(3); and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)S.I. 2009/3345, art. 2, Sch. para. 9
F2Words in s. 7(2) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F3Words in s. 7(2) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F4Words in s. 7(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F5Words in s. 7(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F6Words in s. 7(3) omitted (3.1.1995) by virtue of 1994 c. 32, ss. 2(2), 3(3) (with s. 3(2))
F7Words in s. 7(4) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F8S. 7(4)(a)(iii) and preceding word inserted (S.) (2.1.2001) by 2000 asp 12, s. 1
F9S. 7(4)(a)(iii) and preceding word inserted "at the end of paragraph (a)(ii)" (E.W.) (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 211(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9
F10S. 7(4): "a fine" substituted (E.W.) (12.3.2015) for "a fine not exceeding £50,000" by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 3(3) (with reg. 5(1))
F11Word in s. 7(4) substituted (E.W.) (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 205(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 (with art. 3(1)) and said word substituted (24.2.2011) by virtue of Marine (Scotland) Act 2010 (asp 5), ss. 161(3), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F12S. 7(4A) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 211(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F13Words in s. 7(5)(b) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
F14S. 7(6) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(5), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)
Modifications etc. (not altering text)
C2S. 7 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 34