Sea Fish (Conservation) Act 1967

Restrictions on commercial use of under-sized, etc., sea fish

1 Size limits, etc. for fish

(1) Subject to the provisions of this section and of section 9(1) of this Act, no person shall, in Great Britain, land, sell, expose or offer for sale, or have in his possession for the purpose of sale, any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description by an order of the Ministers, and orders under this subsection may prescribe a different size in relation to landing from that prescribed for other purposes.

(2) Where an order under subsection (1) above prescribes a size for fish of any description (whether in relation to landing only or for all the purposes of the subsection), then, except in so far as provision to the contrary is made by such an order, a person who in Great Britain lands a part of a fish of that description, shall, subject to section 9(1) of this Act, be deemed to contravene subsection (1) above if the part is of a smaller size than the one so prescribed.

(3) Where, in the course of any fishing operations conducted by means of a fishing boat, any sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description by any order under subsection (1) above are taken on board the boat, those fish shall, subject to section 9(2) of this Act, be returned to the sea forthwith.

(4) Subsection (3) above shall apply to all fishing boats in waters adjacent to the United Kingdom and within the fishery limits of the British Islands and also to British fishing boats registered in the United Kingdom wherever they may be.

(5) An order under subsection (1) above may provide for exempting any fishing boat or class of fishing boat from the obligation to return fish of any description specified in the order, if and so long as such conditions as may be imposed by or under the order are complied with; and if and so long as such further conditions (if any) as may be imposed are complied with, any fish retained on board under such an exemption shall be excepted from the prohibitions of the said subsection (1).

(6) Any person who contravenes subsection (1) above shall be guilty of an offence under that subsection and if subsection (3) above is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) shall each be guilty of an offence under that subsection.

2 Size limits for fish for use in course of any business

(1) Subject to any exemption granted under this section, no person shall in Great Britain have in his possession any fish to which this section applies for the purpose of processing or otherwise using it in the course of any business.

(2) This section applies to any fish which under section 1(1) of this Act is prohibited from being sold in Great Britain.

(3) Where it appears to an officer authorised in that behalf by the appropriate Minister that any fish which have been caught are fish to which this section applies, the officer may grant to any person such exemption from subsection (1) above as the officer considers requisite to enable the fish to be disposed of.

(4) Any person who contravenes this section shall be guilty of an offence under this section.