SCHEDULES

SCHEDULE 10U.K.Amendments of the Marine and Coastal Access Act 2009

PART 2 U.K.Powers relating to the exploitation of sea fisheries resources

29(1)Section 237 (enforcement of nature conservation legislation) is amended as follows.U.K.

(2)In the heading, after “conservation” insert “ or fisheries exploitation ”.

(3)In subsection (1), after “legislation” insert “ or the fisheries exploitation legislation ”.

(4)In subsection (2)—

(a)in paragraph (f), for “132” substitute “ 132(1) ”;

(b)in paragraph (g), for “136” substitute “ 136(1) ”.

(5)After subsection (2) insert—

(2A)In this section “the fisheries exploitation legislation” means—

(a)any byelaws made under section 129A, 129B or 132(1A) of this Act;

(b)any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G of this Act.

(6)In subsection (3), after “legislation” insert “ or the fisheries exploitation legislation ”.

(7)In subsection (8), after “legislation” insert “ or the fisheries exploitation legislation ”.

(8)After subsection (9) insert—

(9A)The powers which a marine enforcement officer has for the purposes of enforcing the fisheries exploitation legislation may not be exercised in relation to a vessel falling within paragraph (b) or (c) of subsection (10) unless the Commissioners have given authority to exercise those powers.

(9)In subsection (11), after “(9)(b)” insert “ or (9A) ”.

(10)After subsection (13) insert—

(14)Where the fisheries exploitation legislation consists of an order made under section 137A or 137C of this Act (orders relating to Scottish offshore region), this section applies as if—

(a)references to a marine enforcement officer included a person appointed as such by the Scottish Ministers,

(b)for the purposes of subsection (3)(a), the relevant enforcement area were Scotland, the Scottish inshore region and the Scottish offshore region, and

(c)subsections (3)(c) and (d) and (4) to (6) were omitted.

(15)Where the fisheries exploitation legislation consists of an order made under section 137E or 137G of this Act (orders relating to Northern Ireland offshore region), this section applies as if—

(a)references to a marine enforcement officer included a person appointed as such by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

(b)for the purposes of subsection (3)(a), the relevant enforcement area were Northern Ireland, the Northern Ireland inshore region and the Northern Ireland offshore region, and

(c)subsections (3)(c) and (d) and (4) to (6) were omitted.