Sea Fish (Specified Manx Waters) Licensing Order 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/2051 |
| Year | 1990 |
1990 No. 2051
SEA FISHERIESCONSERVATION OF SEA FISH
The Sea Fish (Specified Manx Waters) Licensing Order 1990
Made 16th October 1990
Laid before Parliament 26th October 1990
Coming into force 15th November 1990
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:
Title, commencement and extent
1.—(1) This Order may be cited as the Sea Fish (Specified Manx Waters) Licensing Order 1990 and shall come into force on 15th November 1990.
(2) This Order extends to the United Kingdom and the Isle of Man.
Interpretation
2. In this Order–
“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 vessels2;
“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) of this article, fishing by British fishing boats in the area of sea described in Schedule 1 to this Order for any sea fish (other than salmon or migratory trout) is hereby prohibited unless authorised by a licence granted by the Department of Agriculture, Fisheries and Forestry, the Isle of Man.
(2) The prohibition in paragraph (1) above shall not apply to–
(a)
(a) fishing by any boat whose length is not more than 10 metres, except in the case of a boat fishing for herring (Clupea harengus);
(b)
(b) fishing by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline;
(c)
(c) fishing by handline for mackerel (Scomber scombrus).
Powers of British sea-fishery officers in relation to fishing boats
4.—(1) For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat the powers conferred by paragraphs (2) to (4) of this article.
(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) of this article and, in particular–
(a)
(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)
(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)
(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...
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