Sea Fish Licensing Order 1992

JurisdictionUK Non-devolved

1992 No. 2633

SEA FISHERIESCONSERVATION OF SEA FISH

The Sea Fish Licensing Order 1992

Made 22th October 1992

Laid before Parliament 23th October 1992

Coming into force 13th November 1992

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, acting jointly, in exercise of the powers conferred on them by sections 4, 15(3), 20(1) and 22(2)(a) of the Sea Fish (Conservation) Act 19671, and of all other powers enabling them in that behalf, hereby make the following Order:

S-1 Title and commencement

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.

S-2 Interpretation

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 Sea2described 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. 2930/86defining characteristics for fishing vessels3;

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

S-3 Prohibition of fishing without a licence and exceptions thereto

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)

(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)

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

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

(a)

(a) for salmon or migratory trout;

(b)

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

(c)

(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)

(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)

(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.

S-4 Enforcement

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...

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