Marine and Coastal Access Act 2009
What this means for your business
- Enforced by
- The Crown Estate, Natural England, NRW
- Applies to
- United Kingdom
- On this page
- 26 compliance obligations, 12 practical guides across 2 topics
What you must do
26 compliance obligations under this legislation — 5 can result in imprisonment.
Notifications 1
Notify authority of claim to seized marine property within one month
If a marine authority seizes any of your equipment, fish or other property because it may be forfeitable, you must send a written claim to that authority within one month of the notice of intended forfeiture (or of the seizure if no notice was given). Failing to do so means the property will be treated as forfeited and you lose it.
Other requirements 1
Comply with any directions from the marine licensing authority
If your business carries out functions that have been delegated to you under a marine licence (or other order made under section 98), the licensing authority can give you directions on how to perform those functions. You must follow any such directions. The authority must also publish the direction so that anyone it might affect can see it.
Payments and fees 2
Provide a bond to secure release of a detained vessel
If your vessel is detained under the Marine and Coastal Access Act, you can have the detention lifted by giving a financial guarantee (a bond) to the authority. You must agree on the amount (or let a magistrates' court decide), meet any conditions the authority sets, and the bond will be returned when the vessel is released, unless it is used to pay a court fine.
Provide a bond to secure release of seized fish or gear
If the authorities seize your fish, fishing gear or a vessel, you can get it back by giving a bond as security. You must agree on the bond amount (or have a court set it) and obey any conditions the authority imposes. The bond is returned if the authority decides not to prosecute or the case ends without a forfeiture order.
Offences and prohibitions 19
Assault a British sea‑fishery officer
Fine up to £50,000If a person physically assaults a British sea‑fishery officer who is exercising his powers under the Sea Fish (Conservation) Act, they commit a criminal offence. On summary conviction they face a fine of up to £50,000.
Breach a marine byelaw
Unlimited fineIf you (or the master, owner or charterer of a vessel you control) fail to follow any byelaw made under section 155 of the Marine and Coastal Access Act, you commit a criminal offence. The breach can be prosecuted in England or Wales and is tried in the Magistrates' Court. A conviction results in an unlimited fine.
Breach a marine byelaw (paragraph 4 or 6)
Fine up to £50,000If you, or your business, break a marine or coastal byelaw that has been made under paragraph 4 or paragraph 6 of the Marine and Coastal Access Act, you commit a criminal offence. The penalty is a fine – up to £2,500 for byelaws made under paragraph 4, or up to £50,000 for those made under paragraph 6. No prison sentence is mentioned.
Breach fishing restriction order
Unlimited fineIf you fish for sea fish (or any specific type) in an area or during a period where an order prohibits it, or you exceed the amount or method limits set by that order, you commit a criminal offence. The offence also applies to the master, owner and charterer of any boat used to breach the order. Conviction can lead to a fine and/or imprisonment, depending on how the court proceeds.
Breach of fish keeping, introduction or removal regulations
Unlimited fineIf you carry out any of the activities listed in s.232 – keeping fish, putting fish into inland waters, or taking fish out of inland waters – in England, Wales or the Scottish part of the River Esk catchment without a proper permit, or you break the conditions of that permit, you commit a criminal offence. On summary conviction you can be fined up to £50,000 (the amount may be reduced by the regulations), and on indictment the fine is unlimited.
Cause corporate offence through consent, connivance or neglect
If your company breaks a duty under the Marine and Coastal Access Act and you, as a director, manager, secretary or similar officer (or a partner of a Scottish firm), gave consent, helped, or were negligent, you can be personally charged and punished in the same way as the company. The punishment you face will be the same as the penalty for the original corporate offence.
Damage protected features in a Marine Conservation Zone
Unlimited fineIf your business carries out a prohibited act – such as killing or injuring protected animals, picking or destroying protected plants, taking items, or damaging habitats – within a Marine Conservation Zone and it hinders the zone’s conservation goals, you can be prosecuted. Conviction can lead to a fine of up to £50,000 in the magistrates' court, or an unlimited fine if the case goes to Crown Court.
Director or partner liability for marine offence
Unlimited fineIf your company commits a marine offence covered by sections 1‑6 of the Marine and Coastal Access Act and you, as a director, manager, secretary, or partner, consented to it, turned a blind eye, or were negligent, you can be prosecuted personally and punished in the same way as the company. The same rule applies to Scottish firms and their partners.
Fail to comply with a compliance or remediation notice
2 years imprisonmentIf your business ignores a compliance notice or remediation notice issued under the Marine and Coastal Access Act – for example by continuing an activity without fixing the problem the notice identifies – you commit a criminal offence. On conviction you can be fined up to £50,000 in the magistrates' court, or face an unlimited fine, up to two years' imprisonment, or both in the Crown Court.
Fail to comply with a marine inquiry
Fine up to £200If your business is required to take part in an inquiry under the Marine and Coastal Access Act 2009 (for example, providing evidence or paying the costs of the inquiry) and you do not, you commit an offence. On conviction you can be fined up to £200. No imprisonment is provided for this breach.
Fail to comply with an emergency safety notice
2 years imprisonmentIf you are served with an emergency safety notice under the Marine and Coastal Access Act – for example as a marine licence holder or because a stop notice has been served on you – you must follow the instructions in that notice. Failing to do so is a criminal offence. On conviction you face a fine of up to £50,000 in the magistrates’ court, or an unlimited fine and up to two years’ imprisonment if the case goes to Crown Court.
Fail to comply with an enforcement officer’s requirement or direction
Unlimited fineIf you ignore or do not follow a lawful request or instruction from an enforcement officer (for example, the Crown Estate, Natural England or NRW), you commit a criminal offence. On conviction you face a fine – up to the statutory maximum on a summary trial or an unlimited fine if the case goes to Crown Court.
Fail to comply with a stop notice
2 years imprisonmentIf your business continues an activity after receiving a stop notice (or does not follow the notice’s instructions), you are committing a criminal offence. On conviction you can be fined – up to £50,000 on summary conviction or an unlimited fine on indictment – and you may also face up to two years' imprisonment.
Fail to comply with marine by‑law or order
Unlimited fineIf you or your business breaches a marine by‑law or an order made under the Marine and Coastal Access Act, you commit a criminal offence. For certain listed by‑laws/orders the penalty is an unlimited fine on summary conviction in the magistrates' court; for any other marine by‑law or order the offence can be tried either in the magistrates' court or Crown Court and also carries an unlimited fine. No imprisonment is provided for these offences.
Fish without a valid authorisation (unauthorised fishing)
Fine up to £50,000If you fish for salmon, trout, eels, lampreys, smelt, freshwater fish or any other fish specified by the Agency using a method that is not a licensable means of fishing, and you do not hold a valid authorisation under section 27A (or you breach its conditions), you commit an offence. On conviction you can be fined up to £50,000 and the case may be tried either in the Magistrates’ Court or the Crown Court. No custodial sentence is mentioned.
Provide false or misleading information for a licence
Unlimited fineIf you give a false or misleading statement, or deliberately hide a material fact, when applying for, varying, transferring or complying with a marine licence, you commit a criminal offence. The offence can be tried in either a magistrates' court or Crown Court. On conviction you face an unlimited fine, with no custodial sentence provided for this offence.
Use a vessel in breach of a marine order
Unlimited fineIf you or your business break any condition of an order made under section 189 of the Marine and Coastal Access Act (for example, fishing restrictions or other marine limits), you commit a criminal offence. Where a vessel is used in breach of such an order, the vessel’s master, the owner and any charterer are each liable. On conviction in the Magistrates' Court you face an unlimited fine.
Use fishing vessel to commit a shellfish offence
Fine up to £50,000If a sea fishing boat is used to break a shellfish fisheries offence (under the Sea Fisheries (Shellfish) Act 1967), the boat's master, its owner and any charterer can each be charged. On summary conviction in the magistrates' court they each face a fine of up to £50,000. No prison term is mentioned for this specific breach.
Use nets or gear contrary to an order under the Marine and Coastal Access Act
If you use nets or other fishing gear that is not operated from a fishing boat to catch sea fish within the territorial sea next to England or Wales, and an order has been made extending regulation to that gear, breaching the order is a criminal offence. A conviction can lead to a fine and/or imprisonment, with the exact penalties set out in the primary Sea Fish (Conservation) Act 1967.
Record keeping 2
Keep all marine agreements in writing
If your business makes any agreement that falls under the Marine and Coastal Access Act, you must record it in writing, including any approval from the Secretary of State. Oral or informal arrangements do not meet the legal requirement.
Maintain and provide a register of licence holders
If your organisation has been granted an order to issue licences under the Marine and Coastal Access Act, you must keep a register of everyone who holds those licences. The register must be kept up to date, be available for free inspection and you must supply copies on request, although you may charge a reasonable fee for providing a copy.
Registration and licensing 1
Obtain a marine licence before carrying out licensable marine activities
2 years imprisonmentIf your business wants to do any activity that is listed as a licensable marine activity, you must first get a marine licence from the relevant authority. The same rule applies to anyone you allow to carry out that activity on your behalf – they must hold a licence too.
Penalties for non-compliance
21 penalties under this legislation. 5 can result in imprisonment. 13 carry an unlimited fine.
Fail to comply with a compliance or remediation notice
Unlimited fine and/or 2 years imprisonment
Fail to comply with an emergency safety notice
Fine up to £50,000 and/or 2 years imprisonment
Fail to comply with a stop notice
Unlimited fine and/or 2 years imprisonment
Fail to comply with marine licence conditions
Unlimited fine and/or 2 years imprisonment
Obtain a marine licence before carrying out licensable marine activities
Unlimited fine and/or 2 years imprisonment
Assault a British sea‑fishery officer
Fine up to £50,000
Breach a marine byelaw
Unlimited fine
Breach a marine byelaw (paragraph 4 or 6)
Fine up to £50,000
Breach fishing restriction order
Unlimited fine
Breach of fish keeping, introduction or removal regulations
Unlimited fine
Damage protected features in a Marine Conservation Zone
Unlimited fine
Director or partner liability for marine offence
Unlimited fine
Fail to comply with an enforcement officer’s requirement or direction
Unlimited fine
Fail to comply with marine by‑law or order
Unlimited fine
Fish without a valid authorisation (unauthorised fishing)
Fine up to £50,000
Provide false or misleading information for a licence
Unlimited fine
Use a vessel in breach of a marine order
Unlimited fine
Use fishing vessel to commit a shellfish offence
Fine up to £50,000
Fail to comply with a marine inquiry
Fine up to £200
Cause corporate offence through consent, connivance or neglect
Penalty applies
Use nets or gear contrary to an order under the Marine and Coastal Access Act
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 10
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Crown Estate Seabed Lease
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Marine Licence
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Offshore Wind Development Consent Orders (DCO)
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Crown Estate Offshore Wind Seabed Leasing
Securing seabed rights is the critical first step for offshore wind projects in UK waters. The Crown Estate …
Commercial fishing licence and compliance
How to get a commercial fishing licence and comply with UK fishing regulations. Covers vessel licensing, quota allocation, …
Specialist hospitality licences and permissions
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Accommodation regulations for hotels, B&Bs, and short-term lets
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Sections and provisions
370 classified provisions from this legislation.
Duties 42
- Schedule 5 Preparation of an MPS or of amendments of an MPS reference
- s.21 Supplementary provisions with respect to agreements enactment
- s.37 Directions by the Secretary of State international agreement
- s.45 Preparation and coming into effect of statement An MPS
- s.48 Withdrawal of, or from, statement
- s.53 Withdrawal of marine plan
- s.54 Duty to keep relevant matters under review A marine plan authority
- s.55 Delegation of functions relating to marine plans
- s.56 Directions under section 55: supplementary provisions provision
- s.57 Directions to public bodies as regards performance of delegated functions
- s.62 Validity of marine policy statements and marine plans such application
- s.65 Requirement for licence other person
- s.69 Determination of applications use intended
- s.71 Licences object or works
- s.98 Delegation of functions relating to marine licensing
- s.100 Directions to persons as regards performance of delegated functions
- s.101 Register licensing authority
- s.107B Supplementary provision about fees payable to the Welsh Ministers
- s.119 Consultation before designation persons who are likely
- s.120 Publication of orders designating MCZs persons who are likely
- ... and 22 more duties
Offences and penalties 23
- s.85 Breach of requirement for, or conditions of, a licence
- s.89 Information
- s.92 Further provision as to enforcement notices
- s.94 Fixed monetary penalties: procedure
- s.96 Variable monetary penalties: procedure
- s.103 Further provision as to stop notices
- s.105 Further provision as to emergency safety notices
- s.139 Offence of contravening byelaws or orders
- s.140 Offence of damaging etc protected features of MCZs
- s.161 Inquiries
- s.163 Offences
- s.190 Offences
- s.195 Regulation of nets and other fishing gear
- s.198 Power to restrict fishing for sea fish
- s.199 Penalties for offences
- s.200 Offences by directors, partners, etc
- s.205 Increase in penalties for certain offences relating to fisheries for shellfish
- s.206 Liability of master, etc where vessel used in commission of offence
- s.219 Authorisation to fish
- s.226 Byelaws: enforcement
- ... and 3 more offences and penalties
Powers 116
- Schedule 1 The Marine Management Organisation
- s.2 General objective
- s.6 Trans-shipment licences for vessels
- s.8 Exemptions for operations for scientific and other purposes
- s.9 Licences to kill or take seals
- s.14 Agreements between the Secretary of State and the MMO
- s.16 Eligible bodies
- s.19 Particular powers
- Schedule 19 Schedule 1A to the National Parks and Access to the Countryside Act 1949
- s.25 Advice, assistance and training facilities
- s.28 Provision of information by the MMO to the Secretary of State
- s.31 Incidental powers
- s.32 Grants
- s.33 Borrowing powers
- s.34 Limit on borrowing
- s.35 Government loans
- s.36 Government guarantees
- s.38 Guidance by the Secretary of State
- s.39 Transfer schemes
- s.40 Interim arrangements
- ... and 96 more powers
Definitions 43
- Schedule 7 Further provision about civil sanctions under Part 4 civil sanction
- s.17 Non-delegable functions
- s.22 Interpretation of this Chapter agreement local authority eligible body
- s.24 Research
- s.26 Provision of information etc
- s.27 Power to charge for services
- s.29 Power to bring proceedings magistrates' court proceedings conduct of litigation right of audience
- s.42 UK marine area
- s.44 Marine policy statement policy authority
- s.47 Amendment of statement
- s.51 Marine plans for marine plan areas
- s.52 Amendment of marine plan
- s.60 Meaning of “retained functions” etc Northern Ireland government functions Scottish Ministerial functions Welsh Ministerial functions
- s.61 Monitoring of, and periodical reporting on, implementation
- s.64 Interpretation and Crown application of this Part marine plan policy authority retained functions
- s.70 Inquiries the relevant authority or authorities specified
- s.76 Dredging in the Scottish zone
- s.81 Submarine cables on the continental shelf inshore stretch offshore stretch natural resources
- s.113 The appropriate licensing authority defence activity excepted activity
- s.114 Meaning of “enforcement authority”
- ... and 23 more definitions
Exemptions 39
- s.3 Performance
- s.12 Certain consents under section 36 of the Electricity Act 1989
- s.15 Agreements between the MMO and eligible bodies
- s.20 Agreements with certain harbour authorities
- s.58 Decisions affected by marine policy documents
- s.68 Notice of applications
- s.73 Appeals against licensing decisions
- s.75 Exemptions for certain dredging etc activities
- s.77 Oil and gas activities and carbon dioxide storage
- s.83 Requirements for Admiralty consent under local legislation
- s.86 Action taken in an emergency
- s.87 Electronic communications: emergency works
- s.109 General defence of due diligence
- s.125 General duties of public authorities in relation to MCZs
- s.126 Duties of public authorities in relation to certain decisions
- s.129A Byelaws relating to exploitation of sea fisheries resources: England
- s.129C Byelaws under sections 129A and 129B: supplementary
- s.129 Byelaws for protection of MCZs in England
- s.134A Orders relating to exploitation of sea fisheries resources: Wales
- s.134C Orders under sections 134A and 134B: supplementary
- ... and 19 more exemptions