The Cod and Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order prohibits, subject to an exception, fishing for cod (Gadus morhua) or sole (Solea vulgaris) in specified sea areas during the period beginning with the date of coming into force of the Order and ending immediately before 1st January 1992.

The prohibition applies to fishing–

(a) by any British fishing boat registered in the United Kingdom within any part of the appropriate sea area specified in Schedule 1 or 2 to the Order; or

(b) by any British fishing boat registered in the Isle of Man or any of the Channel Islands or by any British-owned fishing boat within any part of the appropriate sea area specified in Schedule 1 or 2 to the Order which lies inside British fishery limits (article 2).

The Order does not apply to any boat over 10 meteres in length, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline (article 2(3). “Length” is defined in article 1(2).

By virtue of section 5(6) of the Sea Fish (Conservation) Act 1967 (as amended by section 22(2) of the Fisheries Act 1981), where, in the course of any fishing operations conducted in any of the prohibited sea areas, cod or sole are taken on board a boat to which this Order applies, those fish shall (subject to section 9 of that Act) be returned to the sea forthwith.

British sea-fishery officers are given certain enforcement powers for the purpose of the enforcement of the Order (article 3).