Marine and Coastal Access Act 2009

238 Enforcement of fisheries legislation U.K.

(1) For the purposes of enforcing the fisheries legislation, a marine enforcement officer has—

(a) the common enforcement powers conferred by this Act;

(b) the powers conferred by sections 264, 268, 269, 279 and 284.

(2) In this section “the fisheries legislation” means—

(a) any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));

(b) any [F1 [F2 assimilated] restriction or [F2 assimilated] obligation] relating to sea fishing.

(3) “The fisheries legislation” does not include—

(a) the Salmon and Freshwater Fisheries Act 1975 (c. 51);

(b) the Salmon Act 1986 (c. 62);

(c) byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);

[F3 (ca) byelaws made by the Natural Resources Body for Wales under Schedule 25 to the Water Resources Act 1991;]

(d) the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);

[F4 (da) any byelaws made under section 129A, 129B or 132(1A);

(db) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G;]

(e) byelaws made by an inshore fisheries and conservation authority under section 155.

(4) Subject to subsection (9), the powers which a marine enforcement officer has for the purposes of enforcing the fisheries legislation may be exercised—

(a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine installation in that area);

(b) in relation to any vessel, vehicle, aircraft or marine installation in any other area within the United Kingdom or the UK marine area which has been pursued there in accordance with subsection (5);

(c) in relation to any relevant British fishing boat in the Scottish zone or the Northern Ireland zone;

(d) in relation to any British vessel or British marine installation outside British fishery limits, other than a Scottish or Northern Ireland fishing boat.

(5) A vessel, vehicle, aircraft or marine installation is pursued in accordance with this subsection if—

(a) immediately before the pursuit of the vessel, vehicle, aircraft or installation commences—

(i) the vessel, vehicle, aircraft or installation is in the relevant enforcement area, or

(ii) in the case of a vessel, aircraft or marine installation operating together with one or more other vessels, aircraft or marine installations to carry out a single activity, any of those vessels, aircraft or installations is in that area,

(b) before the pursuit of the vessel, vehicle, aircraft or installation commences, a signal is given for it to stop, and

(c) the pursuit of the vessel, vehicle, aircraft or installation is not interrupted.

(6) The signal referred to in subsection (5)(b) must be given in such a way as to be audible or visible from the vessel, vehicle, aircraft or installation in question.

(7) For the purposes of subsection (5)(c), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the vessel, vehicle or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(8) Nothing in this section affects any right of hot pursuit which a marine enforcement officer may have under international law.

(9) The powers which a civilian marine enforcement officer has for the purposes of enforcing the fisheries legislation may not be exercised in relation to any British warship.

(10) In this section—

• [F5 “assimilated restriction” means a restriction that—

  (a)

  was created or arose by or under the EU Treaties before IP completion day, and

  (b)

  forms part of assimilated law,

  as modified from time to time;]

• “British vessel” means any vessel which—

  (a)

  is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21),

  (b)

  is wholly owned by persons qualified to own British ships for the purposes of that Part,

  (c)

  is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, or

  (d)

  is a British warship;

• F6 ...

• F6 ...

• “Government ship” has the same meaning as in the Merchant Shipping Act 1995 (c. 21);

• “relevant British fishing boat” means a fishing boat, other than a Scottish or Northern Ireland fishing boat, which—

  (a)

  is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or

  (b)

  is wholly owned by persons qualified to own British ships for the purposes of that Part;

• F7 ...

• “the relevant enforcement area” means the area that consists of—

  (a)

  England and Wales, and

  (b)

  the sea within British fishery limits, excluding the Scottish zone and the Northern Ireland zone.

Textual Amendments

F1 Words in s. 238(2)(b) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 4(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in s. 238(2)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 70(2)(e)

F3 S. 238(3)(ca) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 448 (with Sch. 7)

F4 S. 238(3)(da)(db) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 30 (with Sch. 4 para. 31)

F5 Words in s. 238(10) inserted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 70(3)(a)

F6 Words in s. 238(10) omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 4(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in s. 238(10) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 70(3)(b)

Modifications etc. (not altering text)

C1 S. 238 applied (E.) (31.10.2015) by The Grants for Fishing and Aquaculture Industries Regulations 2015 (S.I. 2015/1711), regs. 1(1), 14(1)

C2 S. 238 applied (E.W.) (27.7.2021) by The Fisheries Act 2020 (Scheme for Financial Assistance) (England) Regulations 2021 (S.I. 2021/908), regs. 1(1), 14(2)(3)

C3 S. 238 applied (E.W.) (1.12.2022) by The Marine, Fisheries and Aquaculture (Financial Assistance) Scheme (Wales) Regulations 2022 (S.I. 2022/1259), regs. 1(2), 14(2)

C4 S. 238 applied (1.4.2024) by Regulation (EU) No. 640/2010, Art. 9C(4) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(10))

C5 S. 238 applied (1.4.2024) by Regulation (EU) No. 1627/2016, Art. 56D(4) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 6(34))

Commencement Information

I1 S. 238 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 18