Marine and Coastal Access Act 2009

218 Limitation of licences E+W

(1) Section 26 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (limitation of fishing licences) is amended as follows.

(2) In subsection (1)—

(a) at the beginning insert “ Subject to this section ”;

(b) in paragraph (a), for the words from “to be issued” to “rod and line” substitute “ of any description to be issued pursuant to section 25 above in any year in relation to that area or those areas ”.

(3) After that subsection insert—

“(1A) The Agency may only make an order under subsection (1) above in relation to licences for fishing for fish of any description if it is satisfied that it is necessary to do so for the purposes of—

(a) maintaining, improving or developing fisheries of any fish referred to in section 25(1) above; or

(b) protecting the marine or aquatic environment from significant harm.

(1B) The Agency may not make an order under subsection (1) above in relation to licences for fishing for fish by—

(a) rod and line; or

(b) an historic installation.”

(4) In subsection (3), for “shall cause” substitute “ may cause ”.

(5) For subsections (4) and (5) substitute—

“(4) If it appears to the Agency that an order under this section would prevent a person from fishing in circumstances where that person is wholly dependent on the fishing for his livelihood, the Agency may pay that person such amount by way of compensation as it considers appropriate.”

Commencement Information

I1 S. 218 partly in force; s. 218 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2 S. 218 in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13