Marine and Coastal Access Act 2009

[F1129CByelaws under sections 129A and 129B: supplementaryU.K.
This section has no associated Explanatory Notes

(1)The provision that may be made by a byelaw under section 129A or 129B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).

(2)Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a)provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b)provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c)provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(3)Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the MMO, including—

(a)provision for the charging of fees for permits;

(b)provision enabling conditions to be attached to a permit;

(c)provision enabling the MMO to limit the number of permits issued by it.

(4)Head 3 is—

(a)provision prohibiting or restricting the use of vessels of specified descriptions;

(b)provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c)provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d)provision for determining whether such items are items of a specified description.

(5)A byelaw under section 129A or 129B may be made—

(a)subject to specified exceptions or conditions;

(b)so as to cease to have effect after a specified period.

(6)A byelaw under section 129A or 129B may make different provision for different cases, including in particular—

(a)different times of the year,

(b)different means or methods of carrying out an activity, and

(c)different descriptions of sea fisheries resources.

(7)In this section “specified” means specified in the byelaw.]

Textual Amendments

F1Ss. 129A-129C inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 11 (with Sch. 4 para. 31)