Article 4 Power to make regulations and to carry out fisheries management and development activitiesI1

England and Wales

(1)

The Authority may, with the consent of the Secretary of State—

(a)

make regulations respecting the dredging, fishing for or taking of any shellfish of the prescribed species in all or part of the fishery area; and

(b)

amend or revoke such regulations.

(2)

Without prejudice to the generality of paragraph (1), regulations may be made for the purpose of—

(a)

determining, in relation to any shellfish of the prescribed species, the maximum or minimum size of shellfish which can be taken from the fishery area or moved from one part of the fishery to another;

(b)

determining, in relation to shellfish retained on board or landed, the maximum weight of shellfish of the prescribed species, or the ratio of shellfish or the prescribed species to other species;

(c)

determining the description of fishing boats, dredges and fishing instruments to be used in fishing activities;

(d)

determining the hours within which any shellfish of the prescribed species may be taken or removed from the fishery area;

(e)

extending the closed season, by up to a maximum of 4 weeks;

(f)

authorising, for part or all of the closed season (excluding 14th May to 4th August), the dredging of oysters in such parts of the intertidal fishery area as are specified in the regulations;

(g)

authorising, for part or all of the closed season (excluding 14th May to 4th August) the hand-gathering of oysters in such parts of the fishery area as are specified in the regulations;

(h)

determining the boundaries of any part of the fishery area where the dredging, fishing for or taking of any shellfish is prohibited or restricted for the purposes of protecting any area which is for the time being a marine conservation site, and specifying what activities are prohibited or restricted there;

(i)

regulating the deposit of shellfish in the fishery area;

(j)

regulating the disposal of any organism injurious to any shellfish of the prescribed species dredged, fished or taken during fishing activities;

(k)

requiring the cleansing of any shellfish of the prescribed species and their restocking and protection;

(l)

requiring the deposit or re-laying of any shellfish of the prescribed species for the purposes of cleansing them before their removal from the fishery area;

(m)

requiring the collection of spat of any shellfish of the prescribed species; and

(n)

requiring a person who dredges, fishes for or takes any shellfish in the fishery area to provide catch statistics to the Authority.

(3)

Any regulation made by the Authority must specify the species of shellfish to which it applies.

(4)

Any regulation made by the Authority which applies only to part of the fishery area must specify the part to which it applies and include an illustrative map annexed to the regulations showing that part.

(5)

The Authority must publish its regulations on its website on the day on which they are confirmed by the Secretary of State.

(6)

The Authority may, with the consent of the Secretary of State—

(a)

carry out and authorise the carrying out of fisheries management and development activities in such part of the fishery area as it considers necessary; and

(b)

include conditions in a licence granted under article 6 prohibiting or restricting fishing activities in that part of the fishery area.

(7)

In this article, “marine conservation site” means—

(a)

a European marine site (which has the meaning given by F1regulation 8(3) of the Conservation of Habitats and Species Regulations 2017);

(b)

a Ramsar site (which has the meaning given by section 37A of the Wildlife and Countryside Act 1981^f1);

(c)

a site of special scientific interest (which has the same meaning as in Part 2 of that Act); or

(d)

a marine conservation zone designated under section 116 of the Marine and Coastal Access Act 2009.

(8)

The production of a copy of regulations purporting to be certified by an officer of the Authority authorised by the Secretary of State is conclusive evidence that the regulations were made.

Annotations

Textual amendments

F1: Words in art. 4(7)(a) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 68

Commencement

I1: Art. 4 in force at 31.7.2016, see art. 1(1)(b)

Footnotes

f1: 1981 c. 69. Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c. 37). Section 37A was amended by paragraph 86 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), and by S.I. 2013/755.