[SCHEDULE 27 Emergency Fisheries Byelaws]

[SCHEDULE 27 Emergency Fisheries Byelaws]

[Section 210(3)]

[Emergency fisheries byelaws

1

(1)     In this Schedule, “emergency fisheries byelaw†means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.

(2)     The circumstances are that—

(a)     the [appropriate agency] considers that, because of any event or likely event, harm is occurring or is likely to occur to—

(i)     any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or

(ii)     the marine or coastal, or aquatic or waterside, environment,

(b)     the [appropriate agency] considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so,

(c)     the [appropriate agency] considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and

(d)     the event or the likelihood of the event could not reasonably have been foreseen.

(3)     Schedule 26 to this Act (procedure relating to byelaws made by the [appropriate agency]) does not apply in relation to an emergency fisheries byelaw.

(4)     In sub-paragraph (2)(a), the reference

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