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The Sea Fish (Conservation) (Isle of Man) Order 1977

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1.  This Order may be cited as the Sea Fish (Conservation) (Isle of Man) Order 1977 and shall come into operation on 1st August 1977.

2.—(1) The Interpretation Act 1889 shall apply for the purpose of the interpretation of this Order as it applies for the interpretation of an Act of Parliament and as if this Order and the Order hereby revoked were Acts of Parliament.

(2) This Order shall be construed as one with the Sea Fish (Conservation) (Isle of Man) Order 1973(1).

3.  The Sea Fish (Conservation) (Isle of Man) (No. 2) Order 1973(2) is hereby revoked.

4.  Section 4 of the Sea Fish (Conservation) Act 1967, as substituted by section 3 of the Fishery Limits Act 1976 (which relates to the licensing of fishing boats), shall extend to the Isle of Man subject to the adaptations and modifications specified in the Schedule to this Order.

5.  The Schedule to the Sea Fish (Conservation) (Isle of Man) Order 1973 (as originally made) shall be varied as follows:—

(a)in paragraph 15 for the words “section 5” there shall be substituted the words “sections 4 and 5”;

(b)for paragraph 18 there shall be substituted the following paragraph:—

`For section 11, as amended by the Fishery Limits Act 1976, (penalties for offences) there shall be substituted the following section:—

11.(1) Any person guilty of an offence under section 1, 3, 4 or 5 of this Act shall be liable—

(a)in the case of an offence under section 4(3) or 5(1) on summary conviction to a fine not exceeding £50,000 or on conviction on information to a fine;

(b)in the case of an offence under section 1(3), 3, 4(6) or 5(6), on summary conviction to a fine not exceeding £1,000 or on conviction on information to a fine;

(c)in the case of an offence under section 4(7) on summary conviction to a fine not exceeding £1,000.

(2) The court by which a person is convicted of an offence may—

(a)in the case of an offence under section 3, 4(3) or (6) or 5(1) or (6) order the forefeiture of the net or other fishing gear in respect of which the contravention constituting the offence occurred;

(b)in the case of an offence under section 1(3), 4(3) or (6) or 5(1) or (6) order the forfeiture of any fish in respect of which the offence was committed;

(c)in the case of an offence under section 4(3) or 4(6) order that the owner or the charterer (if any) of the fishing boat used to commit the offence or, as the case may be, of the boat named in the licence of which the condition is broken, be disqualified for a specified period from holding a licence under that section in respect of that boat.';';

(c)paragraph 19 shall be omitted;

(d)for paragraph 20 there shall be substituted the following paragraph:—

20.  In section 15(2) for paragraphs (b) and (c) there shall be substituted the following paragraphs:—

(b)any fish caught in contravention of a provision imposed by an order under section 4 or 5 of this Act, where the fish are on a fishing boat used in contravention of the prohibition or are in the ownership or custody, or under the control, of the owner, the master or the charterer (if any) of the fishing boat;

  

(c)any net or other fishing gear used in contravention of a prohibition imposed by an order under the said section 4 or 5;

and paragraph (d) shall be omitted.;;

(e)in paragraph 21 for sub-paragraph (b) and (c) there shall be substituted the following provisions:—

(b)for the words “within the fishery limits of the British Islands” there shall be substituted the words “within British fishery limits (but outside territorial waters)”;

  

(c)for the words after “the enforcement of” there shall be substituted the words “section 1, 3, 4 or 5 of this Act or any order made thereunder”.

N. E. Leigh

Clerk of the Privy Council

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