Marine and Coastal Access Act 2009

156 Provision that may be made by byelaw E+W

(1) The provision that may be made by a byelaw under section 155 includes provision falling within any one or more of the Heads set out in—

(a) subsection (3) (prohibition or restriction of exploitation of sea fisheries resources),

(b) subsection (4) (permits),

(c) subsection (5) (vessels, methods and gear),

(d) subsection (6) (protection of fisheries for shellfish),

(e) subsection (7) (monitoring of exploitation of resources);

(f) subsection (8) (information).

(2) In the following provisions of this section “specified” means specified in the byelaw.

(3) 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.

(4) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by an IFC authority, including—

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

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

(c) provision enabling an IFC authority to limit the number of permits issued by it.

(5) 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.

(6) Head 4 is provision for and in connection with the protection of fisheries for shellfish, including—

(a) provision requiring shellfish the removal or possession of which is prohibited by or in pursuance of any Act to be re-deposited in specified localities;

(b) provision for the protection of culch and other material for the reception of the spat or young of shellfish;

(c) provision requiring such material to be re-deposited in specified localities;

(d) provision constituting, within an IFC district, a district of oyster cultivation for the purposes of subsection (2)(c) of section 16 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (which prohibits the sale of oysters between certain dates);

(e) provision directing that section 17(2) of that Act (which affords a defence to a person charged with an offence under that section) does not apply.

(7) Head 5 is provision for and in connection with the monitoring of exploitation of sea fisheries resources, including—

(a) provision requiring vessels to be fitted with specified equipment;

(b) provision requiring vessels to carry on board specified persons, or persons of a specified description, for the purpose of observing activities carried out on those vessels;

(c) provision requiring specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources to be marked in such manner as may be specified.

(8) Head 6 is provision requiring persons involved in the exploitation of sea fisheries resources in an IFC district to provide the authority for the district with specified information.

Commencement Information

I1 S. 156 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(c)