Part 5Nature conservation
C2C1C3Chapter 1Marine conservation zones F1and management of sea fisheries
Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a)38(3)(4) (with regs. 38(5), 125)
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)
Byelaws for F2marine conservation: England and the English offshore region
Words in s. 129 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 9 (with Sch. 4 para. 31)
129AF3Byelaws 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).
Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)