Marine and Coastal Access Act 2009 (c. 23)

Part 5 U.K. Nature conservation

Chapter 1 U.K. Marine conservation zones [F1 and management of sea fisheries]

Textual Amendments

F1 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)

Modifications etc. (not altering text)

C1 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))

C2 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)

C3 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)

Orders for [F2 marine conservation: Wales and the Welsh offshore region] U.K.

Textual Amendments

F2 Words in s. 134 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 16 (with Sch. 4 para. 31)

[F3 134C Orders under sections 134A and 134B: supplementary U.K.

(1) The provision that may be made by an order under section 134A or 134B 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 Welsh Ministers, including—

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

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

(c) provision enabling the Welsh Ministers to limit the number of permits issued by them.

(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) An order under section 134A or 134B may be made—

(a) subject to specified exceptions or conditions;

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

(6) An order under section 134A or 134B 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 order.]

Textual Amendments

F3 Ss. 134A-134C inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 17 (with Sch. 4 para. 31)