The Sea Fishing (Specified Western Waters) (Restrictions on Landing) (Variation) Order 1991

Statutory Instruments

1991 No. 2565

SEA FISHERIES

CONSERVATION OF SEA FISH

The Sea Fishing (Specified Western Waters) (Restrictions on Landing) (Variation) Order 1991

Made

11th November 1991

Laid before Parliament

18th November 1991

Coming into force

9th December 1991

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 6(1), (2) and (3), 15(3), 20(1) and 22(2)(a) of the Sea Fish (Conservation) Act 1967(1), and of all other powers enabling them in that behalf, after consultation with the Secretary of State for Transport, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Sea Fishing (Specified Western Waters) (Restrictions on Landing) (Variation) Order 1991 and shall come into force on 9th December 1991.

Variation of the Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990

2.  The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990(2) shall be varied–

(a) by omitting paragraph (g) in article 4 thereof (exceptions from prohibition on landing);

(b) by omitting Schedule 2 thereto (statistical divisions of ICES VII and descriptions of sea fish caught therein to which exception from landing prohibition applies).

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1991.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

5th November 1991

David Hunt

Secretary of State for Wales

11th November 1991

Peter Brooke

Secretary of State for Northern Ireland

4th November 1991

Explanatory Note

(This note is not part of the Order)

This Order varies the Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990 “the principal Order” which prohibits, with exceptions, the landing in the United Kingdom of any sea fish (other than salmon or migratory trout) caught in ICES sub-area VII or VIII.

This Order removes the provision in the principal Order which permitted the landing of a quantity of one or more of the descriptions of sea fish referred to in an entry in Schedule 2 to that Order caught in specified areas otherwise than under the authority of a licence as a by-catch not exceeding 10 per cent. by weight of the landed catch in the course of lawful fishing for another description of sea fish (article 2).

(1)

1967 c. 84; section 6(1) is to be read with the Secretary of State for Trade and Industry Order 1970 (S.I.1970/1537), Schedule 2, paragraph 10, the Secretary of State (New Departments) Order 1974 (S.I.1974/692), Schedule 1, Part III and the Transfer of Functions (Trade and Industry) Order 1983 (S.I. 1983/1127), article 2(3); section 15(3) was amended by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 16(1); section 22(2)(a), which contains a definition of “the Ministers” for the purposes of sections 6(1) and 15(3), was amended by the Fisheries Act 1981 (c. 29), sections 19(2)(d) and 45(b).

(2)

S.I.1990/2052.