The Sole, Plaice and Other Species (Specified Sea Areas) (Prohibition of Fishing) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order prohibits fishing for–

1. sole in sea areas ICES Statistical Sub-Areas II and IV during the period beginning with the date of coming into force of the Order and ending immediately before 8th April 1999; and

2. (a) plaice in sea areas ICES Statistical Divisions VIIh, j and k;

(b) sole in sea areas ICES Statistical Sub-Areas VI, XII and XIV and ICES Statistical Divisions Vb and VIIh, j and k; and

(c) other species in that part of sea area ICES Statistical Sub-Area IV which lies within Norwegian fishery limits;

during the period beginning with the date of coming into force of the Order and ending immediately before 1st January 2000,

by any British fishing boat which does not exceed 10 metres in length or which is used for the purposes of conveying persons wishing to fish for pleasure (article 2; a definition of “other species” is given at paragraph (4) of that article).

The prohibitions of fishing set out above shall apply–

(a) within any part of a sea area specified in the Schedule to the Order if the boat is registered in the United Kingdom, or

(b) within any part of such a sea area which lies within British fishery limits if the boat is registered in the Isle of Man or any of the Channel Islands or, not being registered, is British-owned.

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 above-mentioned sea areas, fish caught in contravention of this Order 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).