Sea Fish (Conservation) (Channel Islands) Order 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/737 |
1981 No. 737
SEA FISHERIES
BOATS AND METHODS OF FISHING
The Sea Fish (Conservation) (Channel Islands) Order 198113thMay 1981
1stJune 1981
At the Court at Buckingham Palace, the 13th day of May 1981
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 24(2) of the Sea Fish (Conservation) Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the Sea Fish (Conservation) (Channel Islands) Order 1981 and shall come into operation on 1st June 1981.
2. In this Order the expression "the Channel Islands" means "Jersey" and "Guernsey" and the words "Jersey" and "Guernsey" mean the Bailiwick of Jersey and Guernsey respectively.
3. The following provisions of the Sea Fish (Conservation) Act 1967 shall extend to the Channel Islands subject to the exceptions, adaptations and modifications specified in the Schedule to this Order:—
(a) section 1 (as amended by section 16 of the Sea Fisheries Act 1968(b) and section 9 of and Schedule 2 to the Fishery Limits Act 1976(c)) (size limits etc. for fish);
(b) section 3 (as amended by section 9 of and Schedule 2 to the Fishery Limits Act 1976) (regulation of nets and other fishing gear);
(c) section 4 (as substituted by section 3 of the Fishery Limits Act 1976) (licensing of fishing boats);
(d) section 5 (as amended by section 9 of and Schedule 2 to the Fishery Limits Act 1976) (power to restrict fishing for sea fish);
(e) certain ancillary provisions, namely:—
(i) section 9 (exemptions for operations for scientific and other purposes);
(ii) section 11 (as amended by sections 5 and 9 of and Schedules 1 and 2 to the Fishery Limits Act 1976) (penalties for offences);
(iii) section 14 (jurisdiction of court to try offences);
(a) 1967 c. 84.
(b) 1968 c. 77.
(c) 1976 c. 86.
(iv) section 15 (as amended by section 22 of and Schedule 1 to the Sea Fisheries Act 1968 and section 9 of and Schedule 2 to the Fishery Limits Act 1976) (powers of British sea-fishery officers for enforcement of Act).
4.—(1) In the aforesaid Act as extended to the Channel Islands, the following expressions have the meanings hereafter assigned to them except as specifically provided or where the context otherwise requires:—
"British fishing boat" and "foreign fishing boat" have the meanings assigned respectively to them by section 19 of the Sea Fisheries Act 1968;
"British-owned", in relation to a fishing boat means owned by a person who is (within the meaning of the Merchant Shipping Act 1894(a)) a person qualified to own a British ship or owned by two or more persons any one of whom is (within the meaning of that Act) a person so qualified;
"British sea-fishery officer" means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;
"fishing boat" means a vessel of whatever size, and in whatever way propelled which is for the time being employed in sea fishing;
"master" includes, in relation to any vessel, the person for the time being in command or charge of the vessel;
"migratory trout" means trout which migrate to or from the sea;
"the Ministers" means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland;
"salmon" includes any fish of the salmon species;
"sea fish" means fish, whether fresh or cured, of any kind found in the sea, including shellfish, and any parts of any such fish but does not include salmon or migratory trout;
"shellfish" includes crustaceans and molluscs of any kind and any spat or spawn of shellfish;
"vessel" includes any ship or boat or any other description of vessel used in navigation.
(2) References to the Sea Fisheries Act 1968 are to that Act as extended to Guernsey or Jersey, as the case may be.
N. E. Leigh, Clerk of the Privy Council.
(a) 1894 c. 60.
SCHEDULE
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF SECTIONS 1, 3, 4 AND 5 AND ANCILLARY PROVISIONS TO THE CHANNEL ISLANDS AND TO WATERS ADJACENT THERETO
PART I—GUERNSEY
1. Unless the context otherwise requires any reference to the Sea Fish (Conservation) Act 1967 or to any other enactment shall be construed as a reference to that Act or that enactment, as the case may be, as it has effect in Guernsey.
2. Unless the context otherwise requires, any reference in the Sea Fish (Conservation) Act 1967 to British fishery limits adjacent to Guernsey shall be construed as a reference to that part of those limits not exceeding 12 international nautical miles of 1,852 metres from the baselines from which the breadth of the territorial sea adjacent to Guernsey is measured, but excluding territorial waters.
3. Section 1(1) and (2) shall be omitted.
4. Section 1(3) shall extend as modified below:—
"(3) Sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description by an order under section 1(1) of the Sea Fish (Conservation) Act 1967 as it applies in Great Britain whether made before or after the coming into operation of the Sea Fish (Conservation) (Channel Islands) Order 1981, shall not be carried whether within or outside British fishery limits on a British fishing boat registered in Guernsey nor, in the case of a British fishing boat not so registered, in British fishery limits adjacent to Guernsey.".
5. Section 1(4) shall extend as modified below:—
"(4) Where an order referrred to in subsection (3) above prohibits the carrying by any foreign fishing boat of sea fish of any description prescribed by the order which are of less than the minimum size so prescribed in relation to sea fish of that description, such sea fish shall not be carried by such a fishing boat within British fishery limits adjacent to Guernsey.".
6. Section 1(5) shall extend as modified below:—
"(5) The Ministers may by order confer exemptions from any prohibition imposed by this section; and any such exemption may be general or subject to conditions and may relate to all fish to which such prohibition applies or to fish of any specified description."
7. For section 1(6), there shall be substituted the following subsections:—
"(6) If subsection (3) or subsection (4) above is contravened, the master, the owner and the charterer (if any) of the British fishing boat or the foreign fishing boat, as the case may be, shall each be guilty of an offence.
(7) The prohibitions contained in subsections (3) and (4) above shall not have effect until the order referred to in subsection (3) has been registered in the Royal Court of Guernsey.".
8. In section 3(1)—
(a) after the words "securing that" there shall be inserted the words "(except in territorial waters adjacent to Guernsey)";
(b) for the words "the United Kingdom" there shall be substituted the word "Guernsey"..
9. Section 3(2) shall extend as modified below:—
"(2) An order under this section may be made so as to extend to nets or other fishing gear carried within British fishery limits adjacent to Guernsey by fishing boats registered outside Guernsey or not registered in any country.".
10. For section 3(7) there shall be substituted the...
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