Sea Fisheries Act 1868
| Year | 1868 |
Sea Fisheries Act, 1868
(31 & 32 Vict.) C A P. XLV.
An Act to carry into effect a Convention between Her Majesty and the Emperor of theFrench concerning the Fisheries in the Seas adjoining the British Islands and France , and to amend the Laws relating to British Sea Fisheries.
[13th July 1868]
B E it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
PART I.
Preliminary.
1 Division of Act.
1. This Act shall be divided into Parts as follows:
Part I. Preliminary.
Part II. Sea Fishery Convention.
Part III. Oyster Fisheries.
Part IV. Legal Proceedings.
Part V. Miscellaneous.
2 Short Title.
2. This Act may be cited as TheSea Fisheries Act, 1868.
3 Commencement of Act.
3. This Act shall (except as is in this Act expressly otherwise provided) come into force on such Day as may be fixed by a Notice in that Behalf published in theLondon Gazette , which Day is in this Act referred to as the Commencement of this Act.
4 Continuance of Act as herein stated.
4. So much of this Act as relates toFrench Subjects or French Sea-Fishing Boats outside of the exclusive Fishery Limits of the British Islands, and as gives Powers to French Sea-Fishery Officers, shall, on the Determination of the Convention set out in the First Schedule to this Act, cease to apply to French Subjects, Boats, and Officers; but, subject as aforesaid, this Act shall continue in force notwithstanding the Determination of that Convention.
5 Interpretation of Terms:
5. In this Act—
The Term ‘Sea-Fish’ does not include Salmon, as defined by any Act relating to Salmon, but, save as aforesaid, includes every Description both of Fish and of Shell Fish which is found in the Seas to which this Act applies; and ‘Sea-Fishing,’‘Sea-Fisherman,’ and other Expressions referring to Sea-Fish shall in this Act be construed to refer only to Sea-Fish as before defined:
The Term ‘Sea-Fishing Boat’ includes every Vessel of whatever Size, and in whatever Way propelled, which is used by any Person in Sea-Fishing, or in carrying on the Business of a Sea-Fisherman:
The Term ‘British Islands’ includes the United Kingdom of Great Britain and Ireland , the Isle of Man , the Islands of Guernsey, Jersey, Alderney , and Sark , and their Dependencies; and the Terms ‘Great Britain and Ireland’ and ‘United Kingdom,’ as used in the First Schedule to this Act, shall be construed to mean the ‘British Islands’ as herein defined:
The Terms ‘exclusive Fishery Limits of theBritish Islands’ and ‘exclusive Fishery Limits of France’ mean the Limits within which the exclusive Right of Fishing is by Article One of the First Schedule to this Act reserved to British Subjects and French Subjects respectively:
The Term ‘Consular Officer’ includes Consul General, Consul, and Vice-Consul, and any Person for the Time being discharging the Duties of Consul General, Consul, or Vice-Consul; and the Term ‘Consular Agent’ in the First Schedule to this Act shall be construed to mean Consular Officer:
The Term ‘Court’ includes any Tribunal or Magistrate exercising Jurisdiction under this Act:
The Term ‘Person’ includes a Body Corporate:
The Term ‘theIrish Fishery Commissioners’ means the Commissioners acting in execution of the Act of the Session of the Fifth and Sixth Years of the Reign of Her present Majesty, Chapter One hundred and six, intituled An Act to regulate the Irish Fisheries , and the Acts amending the same.
PART II.
Convention and Fisheries.
General Provisions.
6 Confirmation of Convention.
6. The Convention set out in the First Schedule to this Act (referred to in this Act as the Convention) is hereby confirmed, and the Articles thereof and the Declaration thereto annexed shall be of the same Force as if they were enacted in the Body of this Act.
7 Power to Her Majesty by Orders in Council to make, &c. Regulations for Execution of Act and Maintenance of Order.
7. It shall be lawful for Her Majesty from Time to Time, by Order in Council, to make, alter, and revoke Regulations for carrying into execution this Act and the Intent and Object thereof, and for the Maintenance of good Order among Sea-Fishing Boats, and the Persons belonging thereto, and to impose Penalties not exceeding Ten Pounds for the Breach of such Regulations.
8 Who are to be Sea-Fishery Officers.
8. The following Persons shall have Authority to enforce the Provisions of this Act and of any Order in Council made thereunder; namely, every Officer of or appointed by the Board of Trade, every Commissioned Officer of any of Her Majesty's Ships on Full Pay, everyBritish Consular Officer, every Collector and Principal Officer of Customs in any Place in the British Islands, every Inspecting Commander of the Coast Guard, every Principal Officer of a Coast Guard Station, and every Commander of any Vessel belonging to the French Government, and every Person appointed by the French Government to superintend the Fisheries referred to in the Convention; and such Persons are in this Act referred to as Sea-Fishery Officers.
9 Powers of Sea-Fishery Officers.
9. A Sea-Fishery Officer, for the Purpose of enforcing the Provisions of this Act and of any Order in Council made thereunder, may, with respect to any Sea-Fishing Boat within the exclusive Fishery Limits of theBritish Islands, and with respect to any British or French Sea-Fishing Boat outside of those Limits, in the Seas to which this Act applies, exercise the following Powers:
(1) (1.) He may go on board it:
(2) (2.) He may require the Owner, Master, and Crew, or any of them, to produce any Certificates of Registry, Licences, Official Logbooks, Official Papers, Articles of Agreement, Muster Rolls, and other Documents relating to the Boat, or to the Crew, or to any Member thereof, or to any Person on board the Boat, which are in their respective Possession or Control on board the Boat, and may take Copies thereof or of any Part thereof:
(3) (3.) He may muster the Crew of the Boat:
(4) (4.) He may require the Master to appear and give any Explanation concerning his Boat and her Crew, and any Person on board his Boat, and the said Certificates of Registry, Licences, Official Logbooks, Official Papers, Articles of Agreement, Muster Rolls, and other Documents, or any of them:
(5) (5.) He may examine all Sails, Lights, Buoys, Barrels, Floats, Nets, and Implements of Fishing belonging to the Boat:
(6) (6.) He may make any Examination and Inquiry which he deems necessary to ascertain whether the Provisions of this Act, or of any Order in Council made thereunder, are complied with:
(7) (7.) He may, in the Case of any Person who has committed any of the Acts constituted Offences by this Part of this Act, or by any Order in Council made thereunder, without Summons, Warrant, or other Process, both take the Offender and the Boat to which he belongs, and the Crew thereof, to the nearest or most convenient Port, and bring him or them before a competent Court, and, subject to Article Twenty-seven of the Convention, detain him, it, and them in the Port until the alleged Offence has been adjudicated upon.
10 Protection of Fishery Officers.
10. A Sea-Fishery Officer shall be entitled to the same Protection in respect of any Action or Suit brought against him for any Act done or omitted to be done in the Execution of his Duty under this Act as is given to any Officer of Customs by the Customs Consolidation Act, 1853, and (with reference to the Seizure or Detention of any Ship) by any Act relating to the Registry ofBritish Ships.
Fishery Regulations.
11 Penalty on obstructing or disobeying Sea-Fishery Officer.
11. If any Person obstructs any Sea-Fishery Officer in acting under the Powers conferred by this Act, or refuses or neglects to comply with any Requisition or Direction lawfully made or given by, or to answer any Question lawfully asked by, any Sea-Fishery Officer in pursuance of this Act, such Person shall be deemed to have committed an Offence against the Fishery Regulations of this Act.
12 As to Violation of Article 11 of Convention.
12. If any Person belonging to a Sea-Fishing Boat which is eitherBritish or French acts in contravention of Article Eleven of the First Schedule to this Act, such Person shall be...
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