Receiving of Trans-shipped Sea Fish (Licensing) Order 1982

Statutory Instruments

1982 No. 80

SEA FISHERIES

BOATS AND METHODS OF FISHING

Receiving of Trans-Shipped Sea Fish (Licensing) Order 1982

Made

26th January 1982

Laid before Parliament

27th January 1982

Coming into Operation

1st February 1982

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

Citation and commencement

1.  This Order may be cited as the Receiving of Trans-shipped Sea Fish (Licensing) Order 1982 and shall come into operation on 1st February 1982.

Interpretation

2.  In this Order “ pelagic sea fish” means fish of any of the following descriptions:

• Mackerel (Scomber scombrus),

• Herring (Clupea harengus),

• Sprat (Clupea sprattus),

• Pilchard (Sardina pilchardus),

• Horse Mackerel (Trachurus trachurus).

Prohibition of receiving trans-shipped sea fish without a licence

3.  The receiving within British fishery limits by any vessel (whether British or foreign) of any pelagic sea fish caught by any British fishing boat registered in the United Kingdom, being pelagic sea fish which is trans-shipped from a boat so registered to the receiving vessel, is prohibited unless authorised by a licence granted by one of the Ministers.

Enforcement

4.  For the purpose of the enforcement of this Order, there are hereby conferred on every British sea fishery officer all the powers of a British sea fishery officer under section 8(2) to (4) of the Sea Fisheries Act 1968(2).

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food, is hereunto affixed on 20th January 1982.

L.S.

Peter Walker

Minister of Agriculture, Fisheries and Food

George Younger

Secretary of State for Scotland

26th January 1982

Nicholas Edwards

Secretary of State for Wales

21st January 1982

James Prior

Secretary of State for Northern Ireland

22nd January 1982

EXPLANATORY NOTE

This Order prohibits the receiving within British fishery limits by a British or foreign vessel of any pelagic sea fish caught by a British fishing boat and trans-shipped from any such boat unless authorised by a licence granted by one of the Fisheries Ministers.

(1)

section 4A of the Sea Fish (Conservation) Act 1976 was inserted by section 21 of the Fisheries Act 1981 (c. 29); section 15(3) of the 1967 Act is amended by the Fishery Limits Act 1976 (c. 86), section 9(1) and Schedule 2, paragraph 16(1) and by the Sea Fisheries Act 1968 (c. 77), section 22(1) and Schedule 1, paragraph 38(3).

(2)

section 8(3) and (4) was amended by the Fisheries Act 1981, section 26(2) and (3).