The Sea Fish Licensing Order 1992

Title and commencement

1.  This Order may be cited as the Sea Fish Licensing Order 1992 and shall come into force on 13th November 1992.

Interpretation

2.  In this Order—

• “ICES” followed by a roman numeral with a letter shall be construed as a reference to whichever of the statistical divisions of the International Council for the Exploration of the Sea(1) described in the Schedule to this Order is identified therein by that roman numeral and letter;

• “length” in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 defining characteristics for fishing vessels(2);

• “mile” means an international nautical mile of 1,852 metres.

Prohibition of fishing without a licence and exceptions thereto

3.—(1) Subject to paragraph (2) below, fishing anywhere by fishing boats which are registered in the United Kingdom or are British-owned is hereby prohibited unless authorised by a licence granted—

(a) in the case of fishing by British-owned fishing boats registered in the Isle of Man for herring (Clupea harengus) in ICES VIIa (Irish Sea), by the Department of Agriculture, Fisheries and Forestry, the Isle of Man; and

(b) in any other case, by one of the Ministers.

(2) The prohibition in paragraph (1) above shall not apply to fishing—

(a) for salmon or migratory trout;

(b) by handline for mackerel (Scomber scombrus);

(c) by any boat whose length is not more than 10 metres, except in the case of a boat fishing for herring—

(i) in ICES VIIa (Irish Sea);

(ii) in ICES VIIg (South-east of Ireland);

(iii) in ICES VIIh (Little Sole Bank);

(iv) in ICES VIIj (Great Sole Bank);

(v) in ICES VIIk (West of Great Sole Bank);

(vi) in the Thames and Blackwater coastal area, that is to say the area of sea within a zone delimited by a line running due south from Landguard Point in 51°56' north latitude and 1°19'.1 east longitude to 51°33' north latitude and thence due west to a point on the coast of England;

(vii) in the Firth of Clyde, that is to say the area of sea which lies landward of a line drawn from a point on the mainland of Scotland at 55°17'.9 north latitude and 5°47'.8 west longitude (Mull of Kintyre) to a point on the mainland of Scotland at 55°00'.5 north latitude and 5°09'.4 west longitude (Corsewall Point);

(d) by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline;

(e) in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man and the Channel Islands respectively is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to the United Kingdom and France respectively.

Enforcement

4.—(1) For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below anywhere in relation to any British fishing boat registered in the United Kingdom and any British-owned fishing boat (not so registered).

(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular—

(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and

(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(4) Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may—

(a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.

Revocation

5.  The Sea Fish Licensing Order 1989(3), the Sea Fish Licensing (Variation) (No.2) Order 1990(4) and the Sea Fish Licensing (Variation) Order 1991(5) are hereby revoked.

In witness whereof the Official Seal of the Minist er of Agriculture, Fisheries and Food is hereto affixed on

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

19th October 1992.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

22nd October 1992

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

22nd October 1992

Patrick Mayhew

Secretary of State for Northern Ireland

21st October 1992