Fisheries Act 2020

11 After section 129 insert—

“129A Byelaws relating to exploitation of sea fisheries resources: England

(1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in England for the purposes of conserving—

(a) marine flora or fauna, or

(b) marine habitats or types of marine habitat.

(2) A byelaw under this section may be made so as to apply to any area in England.

(3) A byelaw under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the byelaw is made.

(4) The provision that may be made by a byelaw under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—

(a) a right of several fishery;

(b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.

(5) But the MMO may make a byelaw that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.

(6) Subsection (5) does not apply in relation to the exercise of such a right in relation to—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,

(b) a national nature reserve declared in accordance with section 35 of that Act,

(c) a Ramsar site, within the meaning of section 37A of that Act,

(d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or

(e) an MCZ.

(7) See also section 129C (supplementary).

129B Byelaws relating to exploitation of sea fisheries resources: English offshore region

(1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) A byelaw under this section may be made so as to apply to any area in the English offshore region.

(3) A byelaw under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) See also section 129C (supplementary).

129C Byelaws under sections 129A and 129B: supplementary

(1) The provision that may be made by a byelaw under section 129A or 129B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).

(2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the MMO, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the MMO to limit the number of permits issued by it.

(4) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(5) A byelaw under section 129A or 129B may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(6) A byelaw under section 129A or 129B may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(7) In this section “specified” means specified in the byelaw.”