Sea Fisheries Act 1883

JurisdictionUK Non-devolved
Citation1883 c. 22


Sea Fisheries Act, 1883

(46 & 47 Vict.) CHAPTER 22.

An Act to carry into effect an International Convention concerning the Fisheries in the North Sea, and to amend the laws relating to British Sea Fisheries.

[2nd August 1883]

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:

Preliminary.

Preliminary.

S-1 Short title.

1 Short title.

1. This Act may be cited as theSea Fisheries Act, 1883.

Confirmation of Convention.

Confirmation of Convention.

S-2 Confirmation of Convention.

2 Confirmation of Convention.

2. 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 shall be of the same force as if they were enacted in the body of this Act.

Fishery Regulations.

Fishery Regulations.

S-3 Power to Her Majesty, by Orders in Council, to make, &c. regulations for execution of Act and maintenance of order.

3 Power to Her Majesty, by Orders in Council, to make, &c. regulations for execution of Act and maintenance of order.

3. 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 fines not exceeding ten pounds for the breach of such regulations.

S-4 Punishment for violation of Articles 13 to 22 of Convention, and for other offences.

4 Punishment for violation of Articles 13 to 22 of Convention, and for other offences.

4. If within the exclusive fishery limits of the British Islands any person, or if outside those limits any person belonging to a British sea-fishing boat,

a .) acts in contravention of Articles thirteen to twenty-two (both inclusive) of the first schedule to this Act, or any of them; or
b .) causes injury to any person in any one or more of the following ways, namely, by assaulting any one belonging to another sea-fishing boat, or by causing damage to another sea-fishing boat, or to any property on board thereof, or belonging thereto; or
c .) fishes for oysters or has on board his boat any oyster dredge within any seas and during any time within and during which oyster fishing is prohibited by law, or by any convention treaty, or arrangement to which this Act may be hereafter applied

such person shall be liable, on summary conviction, to a fine not exceeding fifty pounds, or, in the discretion of the court, to imprisonment for a term not exceeding three months, with or without hard labour.

S-5 Punishment for violation of Article 23 of Convention.

5 Punishment for violation of Article 23 of Convention.

5. If within the exclusive fisher limits of the British Islands, any person, or if outside those limits any person belonging to a British sea-fishing boat,

a .) Uses any instrument for the purpose of damaging or destroying, by cutting or otherwise, any fishing implement belonging to another sea-fishing boat, except in the cases provided for by Articles twenty and twenty-one of the first schedule to this Act; or,
b .) Takes on board or has on board such boat any instrument serving only or intended to damage or destroy fishing implements, by cutting or otherwise;

such person shall be liable on summary conviction to a fine not exceeding fifty pounds, or in the discretion of the court to imprisonment for a term not exceeding three months, with or without hard labour, and the instrument shall be liable to be forfeited.

S-6 Regulations as to lights for sea fishing boats.

6 Regulations as to lights for sea fishing boats.

6. The regulations respecting lights for the time being in force under the Acts relating to merchant shipping shall, so far as they relate to sea-fishing boats, be deemed to be provisions of this Act and may be enforced accordingly, and a sea-fishery officer shall for that purpose, in addition to his powers under this Act, have the same powers as are given to any officer by the said Acts relating to merchant shipping.

Exclusive Fishery Limits.

Exclusive Fishery Limits.

S-7 Regulations as to foreign sea-fishing boats within exclusive fishery limits.

7 Regulations as to foreign sea-fishing boats within exclusive fishery limits.

(1)7. (1.) A foreign sea-fishing boat shall not enter within the exclusive fishery limits of the British Islands, except for purposes recognised by international law, or by any convention, treaty, or arrangement for the time being in force between Her Majesty and any Foreign State, or for any lawful purpose.

(2) (2.) If a foreign sea-fishing boat enters the exclusive fishery limits of the British Islands,

(a .) The boat shall return outside of the said limits so soon as the purpose for which it entered has been answered;

(b .) No person on board the boat shall fish or attempt to fish while the boat remains within the said limits;

(c .) Such regulations as Her Majesty may from time to time prescribe by Order in Council shall be duly observed.

(3) (3.) In the event of any contravention of this section on the part of any foreign sea-fishing boat, or of any person belonging thereto, the master or person for the time being in charge of such boat shall be liable on summary conviction to a fine not exceeding, in the case of the first offence, ten pounds, and in the case of a second or any subsequent offence, twenty pounds.

Registry of British Sea-fishing Boats.

Registry of British Sea-fishing Boats.

S-8 Amendment of 31 & 32 Vict. c. 45. ss. 22-26.

8 Amendment of 31 & 32 Vict. c. 45. ss. 22-26.

(1)8. (1.) Sections twenty-two, twenty-three, twenty-four, and twenty-six of the Sea Fisheries Act, 1868 (which relate to the registry of British sea-fishing boats), shall have effect as if Articles five to twelve (both inclusive) of the first schedule to this Act were therein referred to in addition to the Articles of the first schedule to that Act in the said sections mentioned, and as if offences under this Act were offences in the said sections mentioned; provided that nothing in the said sections shall be deemed to authorise any foreign sea-fishery officer to do anything which he is not, under the first schedule to this Act, authorised to do.

(2) (2.) Section one hundred and seventy-six of the Customs Consolidation Act, 1876 , shall not apply to any British sea-fishing boat entered or registered in pursuance of the said sections of the Sea Fisheries Act, 1868.

Miscellaneous

Miscellaneous

S-9 Prohibition of manufacture and sale of instruments for destroying fishing implements.

9 Prohibition of manufacture and sale of instruments for destroying fishing implements.

(1)9. (1.) There shall not be manufactured or sold or exposed for sale at any place within the British Islands, any instrument serving only or intended to damage or destroy fishing implements, by cutting or otherwise.

(2) (2.) In the event of any contravention of this section a person guilty thereof shall be liable, on summary conviction, to a fine not exceeding fifty pounds, or, in the discretion of the court, to imprisonment for a term not exceeding three months, with or without hard labour, and the instrument shall be liable to be forfeited.

S-10 Provision as to wreck \(Article 25 of Convention).

10 Provision as to wreck \(Article 25 of Convention).

10. The boats and things specified in Article twenty-five of the first schedule to this Act shall be deemed to be ‘wreck’ within the meaning of any Acts relating to merchant shipping, so however that the provisions of the said Article shall be duly observed.

Enforcement of Act.

Enforcement of Act.

S-11 Who are to be British and foreign sea-fishery officers.

11 Who are to be British and foreign sea-fishery officers.

(1)11. (1.) The provisions of this Act and of any Order in Council under this Act or under the sections of the Sea Fisheries Act, 1868, amended by this Act shall be enforced by sea-fishery officers, either British or foreign.

(2) (2.) The following persons shall be British sea-fishery officers; that is to say, every officer of or appointed by the Board of Trade, every commissioned officer of any of Her Majesty's ships on full pay, every officer authorised in that behalf by the Admiralty, every British Consular Officer, every collector and principal officer of Customs in any place in the British Islands, and every officer of Customs in the British Islands authorised in that behalf by the Commissioners of Customs, every divisional officer of the coast guard, and every principal officer of a coastguard station.

(3) (3.) The following persons shall be foreign sea-fishery officers, that is to say, the commander of any vessel belonging to the Government of any Foreign State bound by the Convention, and any officer appointed by a Foreign State for the purpose of enforcing the Convention, or otherwise recognised by Her Majesty as a sea-fishery officer of a Foreign State.

S-12 Powers of British sea-fishery officers.

12 Powers of British sea-fishery officers.

12. For the purpose of enforcing the provisions of this Act and of any Order in Council under this Act or under the Sea Fisheries Act, 1868, as amended by this Act, a British sea-fishery...

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