The Sea Fish Licensing Order 1989

Explanatory Note

(This note is not part of the Order)

This Order consolidates with an amendment, and replaces, the Sea Fish Licensing Order 1983, as amended, “the 1983 Order” which prohibited fishing, subject to exceptions, by British fishing boats (including boats registered in the Isle of Man and the Channel Islands) in specified areas of sea for the principal species of sea fish, unless authorised by a licence. That prohibition on fishing did not apply to fishing by any boat whose length was not more than 10 metres, except in the case of a boat fishing for herring in specified areas. This Order amends the definition of “length” to that calculated in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 (OJ No. L274, 25.9.86, p. 1 (article 2).

The prohibition on fishing extends to British fishing boats as aforesaid fishing in an area of sea specified in column 1 of Schedule 2 to the Order for a description of sea fish specified in relation to that area in column 2 of that Schedule unless authorised by a licence granted–

(a) in the case of fishing by Isle of Man registered boats for herring in ICES VIIa (Irish Sea), by the Department of Agriculture, Fisheries and Forestry, the Isle of Man;

(b) in any other case, by one of the Ministers (article 3(1)).

There is excepted from this prohibition fishing–

(a) by boats whose length is not more than 10 metres, except in the case of a boat fishing for herring in specified areas;

(b) for mackerel by handline (article 3(2)).

The Order permits the retention on board a fishing boat of a quantity of one or more of the descriptions of sea fish specified in Schedule 3 thereto not exceeding 10% by weight of the total catch of sea fish on board the boat, the fishing for which is for the time being prohibited, caught in a specified statistical division of ICES VII as a by-catch in the course of lawful fishing for another description of sea fish. In consequence fish of descriptions not so specified, the fishing for which is for the time being prohibited under article 3 of the Order, must in all circumstances be returned to the sea forthwith in accordance with the provisions of section 4(9A) of the Sea Fish (Conservation Act) 1967 (c. 84) (inserted by section 20(4) of the Fisheries Act 1981 (c. 29), (article 4).

The Order confers on British sea-fishery officers the powers of a British sea-fishery officer specified in section 8(2) to (4) of the Sea Fisheries Act 1968 (c. 77) for the purposes of the enforcement of the Order (article 5).

The Order revokes the 1983 Order together with the Orders which amended it (article 6).