Fisheries Act 1891

JurisdictionUK Non-devolved
Citation1891 c. 37


Fisheries Act, 1891.

(54 & 55 Vict.) CHAPTER 37.

An Act to carry into effect an International Declaration respecting the North Sea Fisheries, and to amend the Law relating to Sea Fisheries and Salmon and Freshwater Fisheries.

[21st July 1891]

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:

I Belgian Declaration and Sea Fisheries Act , 1883.

PART I.

Belgian Declaration and Sea Fisheries Act , 1883.

S-1 Confirmation of Declaration.

1 Confirmation of Declaration.

1. The Declaration set out in the Schedule to this Act (hereinafter referred to as the Scheduled Declaration) is hereby confirmed, and the articles thereof shall be of the same force as if they were enacted in the body of this Act.

S-2 Powers of Commission appointed under Declaration.

2 Powers of Commission appointed under Declaration.

(1)2.—(1.) Any commission appointed by the Board of Trade in pursuance of Article One of the Scheduled Declaration shall, for the purpose of its duties, have the same powers as an inspector appointed by the Board of Trade in pursuance of section fourteen of the Merchant Shipping Act, 1854 , and sections fifteen and sixteen of that Act shall apply as if the commission were such an inspector.

(2) (2.) Any such commission may take security, in such form as the Board of Trade may by rule prescribe, for the attendance of a witness before a court of justice in Belgium, and any sum which may become due in pursuance of such a security may be recovered in like manner as a sum due in pursuance of a security given under the Summary Jurisdiction Act, 1879.

S-3 Evidence of report or certificate under Article 3 of Declaration.

3 Evidence of report or certificate under Article 3 of Declaration.

3. A document purporting to be certified by a Secretary or Assistant Secretary of the Board of Trade to be a report made or certificate given in pursuance of Article Three of the Scheduled Declaration shall be deemed to be such a report or certificate and to have been duly forwarded.

S-4 Punishment for violation of Article 4 of Declaration.

4 Punishment for violation of Article 4 of Declaration.

4. If, either within or without the exclusive fishery limits of the British Islands, any person belonging to a British sea fishing boat acts in contravention of Article Four of the Scheduled Declaration, he shall be liable to the like penalty as for a contravention of Articles thirteen to twenty-two of the First Schedule to the Sea Fisheries Act, 1883.

Provided that if the Scheduled Declaration ceases to be binding on Her Majesty, this section shall cease to apply in the case of injuries to the gear or boat of a fisherman being a subject of the foreign State party to the Declaration, but shall nevertheless continue to apply as between British subjects.

S-5 Forfeiture for offence against 46 & 47 Vict. c. 22. s. 7.

5 Forfeiture for offence against 46 & 47 Vict. c. 22. s. 7.

5. In the event of any contravention of section seven of the Sea Fisheries Act, 1883, on the part of any foreign sea fishing boat, or of any person belonging thereto, any fish or fishing gear found in the boat or shown to have been taken or used by any person belonging to the boat within the exclusive fishery limits of the British Islands shall, on conviction for the offence, be liable to be forfeited.

S-6 Construction, title, and commencement of this Part of Act.

6 Construction, title, and commencement of this Part of Act.

(1)6.—(1.) This Part of this Act shall be construed as one with the Sea Fisheries Act, 1883 , and, so far as relates to Scotland and the parts of the sea adjoining Scotland, also as one with the Sea Fisheries (Scotland) Amendment Act, 1885.

(2) (2.) In particular, the powers of making Orders in Council conferred by sections three and twenty-three of the Sea Fisheries Act, 1883, may be exercised for the purposes of this Part of this Act, and section twenty-three of the said Act shall, for the purpose of any such Order, apply as if the Schedule to this Act were the First Schedule to that Act, and the Declaration referred to in this Act were the Convention referred to in that Act.

(3) (3.) The Sea Fisheries Act, 1883, the Sea Fisheries (Scotland) Amendment Act, 1885, and this Part of this Act may be cited collectively as the Sea Fisheries Acts, 1883 to 1891.

(4) (4.) This Part of this Act shall come into force on such day as may be fixed in that behalf by a notice published in the London Gazette.

II Sea Fisheries Regulation Act , 1888.

PART II.

Sea Fisheries Regulation Act , 1888.

S-7 Extension of powers of local fisheries committee for making byelaws.

7 Extension of powers of local fisheries committee for making byelaws.

7. The powers of a local fisheries committee to make byelaws in pursuance of section two of the Sea Fisheries Regulation Act, 1888, shall extend to making byelaws, to be observed within their district, for restricting or prohibiting, either entirely or subject to any exceptions and regulations, the fishing for or taking of all or any specified kinds of sea fish during any period specified in any such byelaw.

S-8 Jurisdiction as to offences.

8 Jurisdiction as to offences.

8. Where any offence under the Sea Fisheries Regulation Act, 1888, or under any byelaw made in pursuance thereof, is committed on the sea coast or at sea beyond the ordinary jurisdiction of a court of summary jurisdiction and not on or from a ship or boat, it shall be deemed to have been committed within the body of any county abutting on that sea coast or adjoining that sea, and may be tried and punished accordingly.

S-9 Powers of local fisheries committee for enforcement of Sea Fisheries Acts.

9 Powers of local fisheries committee for enforcement of Sea Fisheries Acts.

9. A local fisheries committee appointed in pursuance of the Sea Fisheries Regulation Act, 1888, may, within their district, enforce the provisions of the Fisheries (Oyster, Crab, and Lobster) Act, 1877, and of any other Act relating to sea fisheries.

S-10 Power for county council, &c. to pay or contribute to expenses under 51 & 52 Vict. c. 54.

10 Power for county council, &c. to pay or contribute to expenses under 51 & 52 Vict. c. 54.

10. Any county or borough council may, if they think fit, pay or contribute to any...

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