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Penalties

Section 292 of the Marine and Coastal Access Act 2009 contains the following penalties for obstruction of Inshore Fisheries and Conservation Officers:

Obstruction of an Inshore Fishery and Conservation Officer and/or person assisting the Officer.

(1)       A person is guilty of an offence if
(a)       the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by an enforcement officer in the exercise of any power conferred by this Part,

or

(b)        the person prevents any other person from complying with any such requirement or direction.

(2)        A person is not guilty of an offence by reason of a failure to comply with a requirement made under subsection (1) of section 257 if the person complies with subsection (2) of that section.

(3)        A person who provides information in pursuance of a requirement reasonably made by an enforcement officer in the exercise of the power conferred by section 263 is guilty of an offence if -

(a)         the information is false in a material particular, and the person knows that it is or is reckless as to whether it is, or

(b)        the person intentionally fails to disclose any material particular.

(4)        A person who intentionally obstructs an enforcement officer in the performance of any of the officer’s functions under this Act is guilty of an offence.

(5)        A person who assaults an enforcement officer in the performance of any of the officer’s functions under this Act is guilty of an offence.

(6)        A person who, with intent to deceive, falsely pretends to be an enforcement officer is guilty of an offence.

(7)        A person who is guilty of an offence under subsection (1), (3) or (6) is liable -

(a)         on summary conviction, to a fine not exceeding the statutory maximum;

(b)        on conviction on indictment, to a fine.

(8)        A person who is guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20,000.

(9)        A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding £50,000.

Section 163 of the Marine and Coastal Access Act 2009 contains the following penalties for Byelaw Offences as, or deemed to have been made under section 155 of the Marine and Coastal Access Act 2009:

(1)        A person who contravenes any byelaw made under section 155 is guilty of an offence under this section.

(2)        Where any vessel is used in contravention of any byelaw made under section 155, the master, the owner and the charterer (if any) are each guilty of an offence under this section.

(3)        A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding £50,000.

(4)        Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of England and Wales.

(5)        In this section “contravention” includes failure to comply; and “contravene” is to be read accordingly.