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The Fal Fishery Order 2016

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Statutory Instruments

2016 No. 716

Sea Fisheries, England

Shellfish, England

The Fal Fishery Order 2016

Made

6th July 2016

Laid before Parliament

8th July 2016

Coming into force

31st July 2016

The Cornwall Inshore Fisheries and Conservation Authority(1) (“the Authority”) has made an application to the Secretary of State(2) in accordance with section 1(2) of the Sea Fisheries (Shellfish) Act 1967(3) (“the 1967 Act”) for an order conferring a right of regulating a fishery.

The Secretary of State has prepared a draft Order and served a copy of it on the Authority in accordance with paragraph 1 of Schedule 1 to the 1967 Act.

The Authority has caused printed copies of the draft Order to be published and circulated, and has given notice of the application, in accordance with paragraph 2 of Schedule 1 to the 1967 Act.

The Secretary of State has considered the objections and representations made in respect of the draft Order, in accordance with paragraphs 3 to 6 of Schedule 1 to the 1967 Act, and considers that it is expedient to make this Order.

The Secretary of State makes the following Order in exercise of the powers conferred by sections 1 and 4(2) of the 1967 Act and section 15(3) of the Sea Fisheries Act 1968(4), and has had regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961(5) in accordance with paragraph 6(2) of Schedule 1 to the 1967 Act.

(1)

The Cornwall Inshore Fisheries and Conservation Authority was established by order under section 149 of the Marine and Coastal Access Act 2009 (c. 23) (see S.I. 2010/2188).

(2)

By virtue of article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food under the 1967 Act were transferred to the Secretary of State.

(3)

1967 c. 83. Section 1 was amended by section 9 of, and paragraph 15 of Schedule 2 to, the Fisheries Limits Act 1976 (c. 86), section 202 of the Marine and Coastal Access Act 2009 (c. 23), and S.I. 1999/1820. Schedule 1 was amended by section 15 of the Sea Fisheries Act 1968 (c. 77), and sections 202 and 214 of the Marine and Coastal Access Act 2009.

(4)

Section 15(3) was amended by section 202 of the Marine and Coastal Access Act 2009.

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