Marine and Coastal Access Act 2009

Section 201

Schedule 15 Sea Fish (Conservation) Act 1967: minor and consequential amendments

Sea Fish (Conservation) Act 1967 (c. 84)

1 (1) Section 1 (size limits, etc for fish) is amended as follows.

(2) In subsection (4)—

(a) for “Different sizes” substitute “Different requirements as to size”;

(b) for “different sizes” substitute “different requirements as to size”.

(3) In subsection (5)—

(a) for “a size” substitute “requirements as to size”;

(b) for the words from “if the part” to the end substitute “if the part does not meet the requirements as to size so prescribed.”

(4) In subsection (8)—

(a) for “a relevant British fishing boat or a Scottish fishing boat” substitute “a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat”;

(b) for “foreign fishing boat” substitute “foreign vessel”.

2 (1) Section 3 (regulation of nets and other fishing gear) is amended as follows.

(2) In subsection (3)(c), after “classes of fishing boats,” insert “or particular persons or persons of a particular description,”.

(3) In subsection (7), after “carrying” (in each place where it occurs) insert “or use”.

3 (1) Section 5 (power to restrict fishing for sea fish) is amended as follows.

(2) In subsection (2), for the words after “different provision” substitute “for different cases”.

(3) In subsection (5), after “prohibition” insert “or restriction”.

(4) In subsection (6)—

(a) after “is made” insert “by virtue of paragraph (a) of subsection (1) above”;

(b) for “any fishing operations conducted” substitute “fishing”;

(c) for the words from “are taken” to “applies” substitute “are caught by a person, or taken on board a fishing boat, in contravention of the prohibition”.

(5) After subsection (6) insert—

“(6A) A person who does not comply with subsection (6) above shall be guilty of an offence under that subsection.”

4 In section 11 (penalties for offences), in subsection (3), for “subsection (5)” substitute “subsection (4)”.

Fisheries Act 1981 (c. 29)

5 (1) Schedule 4 (exemptions for fish farming) is amended as follows.

(2) In Part 1 (offences to which section 33(1) applies)—

(a) in paragraph 12, for “smaller than prescribed size” substitute “which do not meet prescribed size requirements”;

(b) in paragraph 13, after “section 3(5)” insert “or (5A)”;

(c) in paragraph 16, after “prohibiting” insert “or restricting”.

(3) In Part 2 (offences to which section 33(5) applies), in paragraph 33—

(a) for “the Sea Fisheries (Conservation) Act 1967” substitute “the Sea Fish (Conservation) Act 1967”;

(b) for “smaller than the prescribed size” substitute “which do not meet prescribed size requirements”.