The Sea Fish Licensing (Variation) Order 1993

Statutory Instruments

1993 No. 188

SEA FISHERIES

CONSERVATION OF SEA FISH

The Sea Fish Licensing (Variation) Order 1993

Made

27th January 1993

Laid before Parliament

5th February 1993

Coming into force

1st May 1993

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 4, 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, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Sea Fish Licensing (Variation) Order 1993 and shall come into force on 1st May 1993.

Variation of the Sea Fish Licensing Order 1992

2.  The Sea Fish Licensing Order 1992(2) shall be varied in accordance with articles 3 to 5 below.

3.  In article 2 thereof (interpretation) the definition of “length” shall be omitted.

4.  In article 3(2) thereof (exceptions to prohibition of fishing without a licence)—

(a) sub-paragraphs (b) and (c) shall be omitted; and

(b) in sub-paragraph (d) the words “with rod and line or by handline” shall be omitted.

5.  In the Schedule thereto (Statistical divisions of the International Council for the Exploration of the Sea) the words from “ICES Statistical Division VIIg (South-east of Ireland)” to the end shall be omitted.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

27th January 1993.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

25th January 1993

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

27th January 1993

Patrick Mayhew

Secretary of State for Northern Ireland

21st January 1993

Explanatory Note

(This note is not part of the Order)

This Order varies the Sea Fish Licensing Order 1992 (“the 1992 Order”) which prohibits fishing, subject to exceptions, anywhere by fishing boats which are registered in the United Kingdom or are British-owned. This Order removes the exceptions in the 1992 Order which applied in the case of fishing by handline for mackerel and fishing by boats whose length did not exceed 10 metres (article 4(a)). This Order also extends the exception in the 1992 Order which applied in the case of boats used for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline so that it applies regardless of the method of fishing (article 4(b)). The Order also makes two consequential amendments (articles 3 and 5).

(1)

1967 c. 84: section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3 and by the Fisheries Act 1981 (c. 29), section 20; 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, Schedule 2, paragraph 16(1); section 22(2)(a) which contains a definition of “the Ministers” for the purposes of sections 4 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b).

(2)

S.I. 1992/2633.