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Statutory Instruments

1990 No. 504

SEA FISHERIES

CONSERVATION OF SEA FISH

The Sea Fish Licensing (Variation) Order 1990

Made

7th March 1990

Laid before Parliament

8th March 1990

Coming into force

11th March 1990

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 4, 15(3), 20(1) and 22(2)(a) of the Sea Fish (Conservation) Act 1967(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Sea Fish Licensing (Variation) Order 1990 and shall come into force on 11th March 1990.

Variation of the Sea Fish Licensing Order 1989

2.  The Sea Fish Licensing Order 1989(2) shall be varied by substituting for Schedule 2 thereto (areas of seaand descriptions of sea fish in respect of which prohibition of fishing without licence applies) the Schedule to this Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th March 1990.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

7th March 1990

Peter Walker

Secretary of State for Wales

7th March 1990

Peter Bottomley

Parliamentary Under Secretary of State for Northern Ireland

7th March 1990

Article 2

SCHEDULECONTAINING NEW SCHEDULE 2 TO THE SEA FISH LICENSING ORDER 1989

Article 3

SCHEDULE 2AREAS OF SEA AND DESCRIPTIONS OF SEA FISH IN RESPECT OF WHICH PROHIBITION OF FISHING WITHOUT LICENCE APPLIES

Column 1Column 2
Area of seaDescription of sea fish
CECAF Division 34.1.1. (EC Zone)Cod (Gadhus morhua), haddock (Melanogrammus aeglefinus), saithe (Pollachius virens)
ICES IAll
ICES IIaAll
ICES IIbAll
ICES IIIaMackerel (Scomber scombrus), saithe
ICES IIIb, c excluding third country watersMackerel, saithe
ICES IIId excluding third country watersMackerel, saithe
ICES IVAll
ICES VaAll
ICES Vb excluding third country watersAnglerfish (Lophius spp), cod, Greenland halibut (Reinhardtius hippoglossoides), haddock, hake (Merluccius spp), herring (Clupea harengus), mackerel, megrim (Lepidorhombus whiffiagonis), Norway lobster (Nephrops norvegicus), plaice (Pleuronectes platessa), pollack (Pollachius pollachius), redfish (Sebastes spp), saithe, sole (Solea vulgaris), whiting (Merlangius merlangus)
ICES Vb excluding Community watersAll
ICES VIAnglerfish, cod, haddock, hake, herring, mackerel, megrim, Norway lobster, plaice, pollack, saithe, sole, whiting
ICES VIIa *(see note below)Anglerfish, cod, haddock, hake, herring, mackerel, megrim, Norway lobster, plaice, pollack, saithe, sole, whiting
ICES VIIb,cAnglerfish, cod, haddock, hake, mackerel, megrim, Norway lobster, plaice, pollack, saithe, sole, whiting
ICES VIIdAnglerfish, cod, haddock, hake, mackerel, megrim, Norway lobster, plaice, pollack, saithe, sole, sprat (Sprattus sprattus), whiting
ICES VIIe *(see note below)Anglerfish, cod, haddock, hake, herring, mackerel, megrim, Norway lobster, plaice, pollack, saithe, sole, sprat, whiting
ICES VIIf to kAnglerfish, cod, haddock, hake, herring, mackerel, megrim, Norway lobster, plaice, pollack, saithe, sole, whiting
ICES VIII excluding third country watersAnglerfish, cod, haddock, mackerel, megrim, saithe
ICES IXCod, haddock, saithe
ICES XCod, haddock, saithe
ICES XIIAll
ICES XIVAll
NAFO sub-area 1All
NAFO sub-area 2All
NAFO sub-area 3All

Note: Where an entry in column 1 of this Schedule is marked with an asterisk the following waters are excluded from the area of sea referred to in that entry:—

Waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man and the Channel Islands respectively is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to the United Kingdom and France respectively.

Explanatory Note

(This note is not part of the Order)

This Order varies the Sea Fish Licensing Order 1989 which prohibits fishing, subject to exceptions, by British fishing boats in specified areas of sea for the principal species of sea fish, unless authorised by a licence.

This Order extends the scope of that prohibition to include fishing for all species of sea fish in ICES IIa (Norwegian Sea) and IV (North Sea) (article 2 and Schedule).

(1)

1967 c. 84; section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3 and by the Fisheries Act 1981 (c. 29), section 20; section 15(3) was amended by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and by the Fishery Limits Act 1976, Schedule 2, paragraph 16(1); section 4 was applied in relation to British fishing boats registered in the Isle of Man and any of the Channel Islands by the Sea Fish (Conservation) (Manx Boats) Order 1978 (S.I. 1978/281) and the Sea Fish (Conservation) (Channel Islands Boats) Order 1978 (S.I. 1978/280); section 22(2)(a) which contains a definition of “the Ministers” for the purposes of sections 4 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b).