The Sea Fish Licensing Order 1989

Title and commencement

1.  This Order may be cited as the Sea Fish Licensing Order 1989 and shall come into force on 1st February 1990.

Interpretation

2.  In this Order–

“CECAF Division 34.1.1. (EC Zone)” means the waters commonly known as the Moroccan coast bounded by a line drawn from a position on the coast of Spain in 36°00' north latitude and 5°36' west longitude (isthmus of Punto Marroqui); thence due west to 13°00' west longitude; thence due south to 29°00' north latitude; thence in a southerly and westerly direction to a position in 26°00' north latitude and 16°00' west longitude; thence due east to a point on the coast of the continent of Africa in 26°00' north latitude; thence in a northerly and easterly direction along the coast of the continent of Africa to a point in 5°36' west longitude; thence due north to the point of commencement;

“Community waters” means any waters which are under the sovereignty or jurisdiction of a member State;

“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(1) described in Schedule 1 to this Order is identified therein by that roman numeral or that roman numeral and letter as the case may be;

“length” in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86(2);

“mile” means an international nautical mile of 1,852 metres;

“NAFO sub-area 1” means the area of sea which is described in paragraph 2(a) of Annex III to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries(3) and is commonly known asWest Greenland;

“NAFO sub-area 2” means the area of sea which is described in paragraph 3(a) of Annex III to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries;

“NAFO sub-area 3” means the area of sea which is described in paragraph 4(a) of Annex III to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries;

“third country waters” means any waters which are not under the sovereignty or jurisdiction of a member State.

Prohibition of fishing without a licence and exceptions thereto

3.—(1) Subject to paragraph (2) of this article, fishing by British fishing boats in an area of sea specified in column 1 of Schedule 2 to this Order for a description of sea fish specified in relation to that area in column 2 of that Schedule is hereby prohibited unless authorised by a licence granted, in the case of fishing by British fishing boats registered in the Isle of Man for herring (Clupea harengus) in ICES VIIa (Irish Sea), by the Department of Agriculture, Fisheries and Forestry, the Isle of Man and, in any other case, by one of the Ministers.

(2) The prohibition in paragraph (1) above shall not apply to fishing–

(a) by handline for mackerel (Scomber scombrus);

(b) by any boat whose length is not more than 10 metres, except in the case of a boat fishing for herring–

(i) in ICES VIIa (Irish Sea);

(ii) in ICES VIIg (South-east of Ireland);

(iii) in ICES VIIh (Little Sole Bank);

(iv) in ICES VIIj (Great Sole Bank);

(v) in ICES VIIk (West of Great Sole Bank);

(vi) in the Thames and Blackwater coastal area, that is to say the area of sea adjacent to England which lies between a line drawn due east from Langduard Point, Felixstowe and a line drawn due east from North Foreland lighthouse and within 6 miles from the baselines from which the breadth of the territorial sea is measured(4); or

(vii) in the Firth of Clyde, that is to say the area of sea which lies landward of a line drawn from a point on the mainland of Scotland at 55°17'.9 north latitude and 5°47'.8 west longitude (Mull of Kintyre) to a point on the mainland of Scotland at 55°00'.5 north latitude and 5°09'.4 west longitude (Corsewall Point).

Retention on board of fish

4.  Notwithstanding the provisions of section 4(9A)(b) of the Sea Fish (Conservation) Act 1967 (return to the sea of fish the fishing for which is prohibited), there may be retained on board any fishing boat to which this Order applies a quantity of sea fish consisting of one or more of the descriptions of sea fish specified in an entry in column 2 of Schedule 3 to this Order, the fishing for which is for the time being prohibited by or under this Order, and which–

(a) has been taken on board that fishing boat in a statistical division of ICES VII specified in column 1 of that Schedule opposite that entry, in the course of fishing in that statistical division of ICES VII for any description of sea fish the fishing for which is not for the time being prohibited by or under this Order or any other enactment; and

(b) does not exceed 10% by weight of the total catch of sea fish on board that fishing boat.

Enforcement

5.  For the purposes 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(5).

Revocation

6.  The orders mentioned in Schedule 4 to this Order are hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th October 1989.

L.S.

John Gummer

Minister of Agriculture, Fisheries and Food

Sanderson of Bowen

Minister of State, Scottish Office

25th October 1989

Peter Walker

Secretary of State for Wales

1st November 1989

Peter Brooke

Secretary of State for Northern Ireland

25th October 1989