Schedules

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

Section 201

Sea Fish (Conservation) Act 1967 (c. 84)

1

(1)

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

(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 ”.

2

(1)

Section 3 (regulation of nets and other fishing gear) is amended as follows.

(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 ”.

3

(1)

Section 5 (power to restrict fishing for sea fish) is amended as follows.

(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.”

4

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

Fisheries Act 1981 (c. 29)

5

(1)

Schedule 4 (exemptions for fish farming) is amended as follows.

(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 ”.