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Marine and Coastal Access Act 2009
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211Use of implements of fishing
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(1)Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is amended as follows.
(2)In subsection (4), at the end of paragraph (a)(ii) insert “or
(iii)in the case of several fishery, an implement of a type specified by or under the order and so used as not to disturb or injure in any manner shellfish of the description in question or any bed for such shellfish or the fishery for such shellfish;”.
(3)After subsection (4) insert—
“(4A)The power to specify a type of implement for the purposes of subsection (4)(a)(iii) of this section includes power to specify—
(a)periods during which implements of that type may or may not be used;
(b)parts of the area of the fishery with respect to which the right of several fishery is conferred in which implements of that type may or may not be used.
The exception in subsection (4)(a)(iii) of this section does not apply in a case of a person who uses an implement otherwise than in accordance with provision made by virtue of this subsection.”
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