The Act Chapter 1: The Sea Fish (Conservation) Act 1967 Section 158 - Extension of modifications relating to Sea Fish (Conservation) Act 1967
220.Section 158 applies to Scotland, the modifications to the Sea Fish (Conservation) Act 1967 made by Chapter 1 of Part 7 of, and Schedules 15 and 22 to, the Marine and Coastal Access Act 2009, with the exception of the modifications made by sections 194 (4) and (5), 196 and 198 (3) of, and paragraph 1(4) of schedule 15.
221.Section 1 of the Sea Fish (Conservation) Act 1967 enables the Scottish Ministers as regards Scotland to make an order to set minimum size limits for sea fish. An order under section 1 may: prohibit any person from landing sea fish below a specified size; prohibit the sale of sea fish below a specified size; and prohibit the carriage by a relevant British fishing boat of sea fish below the specified size. An order under section 1 may set different limits for different areas or for fish of different sexes and may restrict the landing by any person of parts of fish below the size limit set for that species.
222.Section 1 of the Sea Fish (Conservation) Act 1967 does not currently allow for a maximum size limit or for a size range to be set by an order or for the carriage restrictions to apply to a vessel not covered by the definition of a relevant British fishing vessel or Scottish fishing boat.
223.By applying section 194 of the Marine and Coastal Access Act 2009 to Scotland, section 158 amends section 1 of the of the Sea Fish (Conservation) Act 1967 as regards Scotland to provide for all the current powers available under orders made under that section to apply to any requirements as to size, rather than minimum size limits only, and for the prohibition on carriage to apply to all relevant British vessels. The effect of these amendments is to allow Scottish Ministers to make an order setting a minimum or a maximum size limit for sea fish or a size range outside which no fish may be landed, sold or carried.