This Act regulates marine fisheries, inland fisheries and aquaculture in the Isle of Man. It defines functions and powers of the Department of Environment, Food and Agriculture and inserts certain sections into the Wildlife Act 1990 with respect to Marine Reserves. It also defines some powers of the Water Authority in respect of water reservoirs and dams for purposes of aquaculture or fish passages. The Act consists of 84 sections divided into 9 Parts: Introductory (1); General Functions of Department etc. (2); Inland Fisheries (3); General (4); Regulation of Fishing and Inland Waters (5); Regulation of Sea Fishing (6); Miscellaneous Restrictions; Aquaculture (7); Authorised Persons (8); Miscellaneous and Supplemental (9). The Act is completed by 3 Schedules. The Department shall be responsible for — (a) the supervision and protection of inland and sea fisheries, and (b) fostering the establishment and development of such fisheries. In the exercise of its functions, the Department shall have regard to the need — (a) to preserve natural beauty and amenity; (b) to conserve freshwater flora and fauna and the freshwater environment; (c) to conserve marine flora and fauna and the marine environment; (d) to conserve features of geological or geomorphological interest; and (e) to protect buildings and other objects of architectural or historic interest. The Department may undertake to restock of freshwater fish operations, require obstructions to fish passage to be removed or fish passages to be constructed and undertake measures to enhance inland fisheries. The Act prohibits the introduction of live fish and deleterious matter into waters and empowers the Department to Department to require the owner of the dam to take such steps as may be necessary to ensure a minimum flow and to make Regulations regarding inland fisheries as specified. The Department shall be responsible for the issue of licences to fish in inland waters. The Act prohibits certain methods of fishing for salmon, trout, sea trout or eels. The Act grants ample powers to the Department to regulate sea fishing. The Department may also, by Regulations, provide that in any specified area of the sea within the territorial waters of the Island fishing by fishing boats or the receiving by any vessel of sea-fish transhipped from any other vessel is prohibited, unless authorised by a licence granted by the Department. A sea fishing licence may — (a) authorise fishing generally, or (b) confer limited authority by reference to, in particular,— (i) the area within which fishing is authorised; (ii) the periods, times or particular voyages during which fishing is authorised; (iii) the descriptions and quantities of fish which may be taken; or (iv) the method of sea fishing. Transhipment rules may apply to all transhipment or only to a) a specified description of sea-fish; or (b) sea-fish caught by a specified method; or (c) sea-fish caught in a specified area; or (d) sea-fish caught or transhipped during a specified season of the year or other period; or (e) sea-fish caught or received by vessels of a specified description, including vessels registered in a specified country. Fish landed in a port may only be sold to a person registered as a buyer of sea-fish with the Department. The Department may by order apply to the Island as part of the law of the Island, subject to such exceptions, adaptations and modifications as may be specified in the order, any legislation to which this section applies (UK and European sea fisheries legislation). The Department may by Regulations specify the annual close season for — (a) salmon or sea trout, or (b) any species of freshwater fish specified in the regulations. Catch of unseasonable fish (defined) and sale of illegally-caught fish is prohibited. The Department may engage in aquaculture for specified purposes. Any person (other than the Department) who engages in aquaculture otherwise than under and in accordance with an aquaculture licence is guilty of an offence. An aquaculture licence shall not be granted without the consent of — (a) the Water Authority, in the case of operations in inland waters; (b) the Department of Infrastructure, in the case of operations in the sea or on the sea-bed or foreshore. Before granting an aquaculture licence, the Department shall organize a kind of public consultation. The Department may make UK and European aquaculture legislation applicable to the Isle of Man.
Isle of Man (UK) · 2012-07-09