Merchant Shipping Act 1995

Sea Fisheries Act 1868 (c. 45)

2 For section 26 of the Sea Fisheries Act 1868 substitute—

“26 Registered fishing boats and foreign fishing boats within British waters to have official papers

(1) The master of every sea-fishing boat which is registered under Part II of the Merchant Shipping Act 1995 shall (whether his boat is within British waters or not) have on board the certificate of registration issued in pursuance of registration regulations.

(2) The master of every sea-fishing boat within British waters shall have on board official papers evidencing its nationality.

(3) If any person, without reasonable excuse (the proof of which lies on him), contravenes subsection (1) or (2) of this section, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale; and where a fine is imposed under this subsection on the master of a foreign sea-fishing boat the court may order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid (whichever period is the shorter).

(4) Section 8(4) of the Sea Fisheries Act 1968 (power of British sea-fishery officer to take fishing boat to nearest port and detain it there) shall apply in relation to a contravention of subsection (1) or (2) of this section as it applies in relation to such a contravention as is mentioned in that provision.

(5) In this section—

• “British waters” means waters within the seaward limits of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man;

• “foreign sea-fishing boat” means a sea-fishing boat which—

  (a)

  is not registered in the United Kingdom, the Channel Islands or the Isle of Man, and

  (b)

  is not wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995; and

• “master” includes, in relation to any sea-fishing boat, a person for the time being in command or charge of the boat.”