British Fishing Boats Act 1983

1 Restrictions on fishing, etc., by British fishing boats. U.K.

(1) The operations mentioned in subsection (2) below may not be carried out by or from a [F1 relevant]British fishing boat unless the boat is qualified in accordance with an order made by the Ministers under this subsection for use in carrying out operations of that description.

(2) Those operations are—

(a) fishing for sea fish in any area for the time being specified in an order made by the Ministers;

(b) the trans-shipment of sea fish in any such area; and

(c) the landing of sea fish in the United Kingdom.

References below in this Act to a restricted fishing area are references to any area for the time being specified in an order made by the Ministers under this subsection.

(3) An order under subsection (1) above prescribing qualifications for [F1 relevant] British fishing boats for use in carrying out any such operations may prescribe conditions for qualification with respect to the nationality of members of the crew of a fishing boat, or of any proportion of those members specified in the order.

(4) The conditions so prescribed shall be such as appear to the Ministers to be necessary or expedient for the protection of the [F2 sea fishing industry in England and Wales and Northern Ireland]; but any such conditions shall not discriminate between British citizens and persons who are nationals of any other member State.

(5) Where a [F1 relevant]British fishing boat is not for the time being qualified under this section for use in carrying out operations of any description mentioned in subsection (2)(a) or (b) above in a restricted fishing area, its fishing gear shall be stowed in accordance with an order made by the Ministers at any time when it is within such an area.

(6) If this section is contravened in the case of any fishing boat the master, the owner and the charterer (if any) of the boat shall be liable [F3 on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine[F3 on summary conviction, or on conviction on indictment, to a fine ]].

(7) The court by or before which a person is convicted of an offence under subsection (6) above may order the forfeiture of any fish or fishing gear found in the boat in relation to which the offence was committed or taken or used by any person from the boat; and, in Scotland, any fish or fishing gear forfeited under this subsection may be destroyed or disposed of as the court may direct.

(8) Any power to make an order under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 1(1)(3)(5) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 70(2)(a); S.I. 1998/3178, art. 3

F2 Words in s. 1(4) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 70(2)(b); S.I. 1998/3178, art. 3

F3 Words in s. 1(6) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 12(2) (with reg. 5(1))

Modifications etc. (not altering text)

C1 S. 1: certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(3), Sch. 3 para. 7(1)

C2 S. 1: transfer of functions (5.12.2012) by The Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), arts. 1(2), 3(1)(e) (with art. 5)

C3 S. 1(4) modified (28.3.2002) by S.I. 2002/790, art. 3(3), Sch. 3 para. 7(3)

C4 S. 1(8) excluded (28.3.2002) by S.I. 2002/790, art. 3(3), Sch. 3 para. 7(4)