PART 5

FISHERIES FOR SHELLFISH

Protection of marine environment

Supplementary provision
75
In the Sea Fisheries (Shellfish) Act 1967, after section 5E (as inserted by section 74) insert⁠—

Protection of marine environment: supplementary provision
5F
1
In sections 5A to 5E of this Act—
- “European marine site” has the same meaning as in the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8);
- “the grantees”, in relation to a right of several fishery, means the persons for the time being entitled to that right;
- “harm”, in relation to a European marine site, means—
  1. an adverse effect on the integrity of the site,
  2. the deterioration of a relevant natural habitat or of the habitat of a relevant species, or
  3. the disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive.
2
For the purposes of the definition of “harm” in subsection (1)—
- a “relevant” natural habitat or species is one for which the site in question has been designated or classified as a European marine site;
- “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.
3
Sections 5A to 5E of this Act do not apply in relation to an order made under section 1 of this Act before the coming into force of Part 5 of the Environment (Wales) Act 2016.