Sea Fisheries Regulation Act 1888
| Jurisdiction | UK Non-devolved |
| Citation | 1888 c. 54 |
Sea Fisheries Regulation Act, 1888
(51 & 52 Vict.) CHAPTER 54.
An Act for the Regulation of the Sea Fisheries of England and Wales.
[24th December 1888]
Be 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:
1 Establishment of sea fisheries districts and local fisheries committees.
(1)1.—(1.) The Board of Trade may from time to time on the application of a county council or borough council, by order,
(a ) create a sea fisheries district comprising any part of the sea within which Her Majesty's subjects have by international law the exclusive right of fishing, either with or without any part of the adjoining coast of England and Wales; and
(b ) define the limits of the district, and the area chargeable with any expenses under this Act; and
(c ) provide for the constitution of a local fisheries committee for the regulation of the sea fisheries carried on within the district;
and may from time to time on like application by subsequent order vary any order made under this section, or unite two or more districts or parts of districts into a separate district, or dissolve any district that may have been formed.
(2) (2.) The local fisheries committee for a sea fisheries district shall be a committee of a county council or borough council, or, if two or more councils appear to be interested, a joint committee of those councils, with the addition in each case of such members representing the fishing interests of the district, including members representing any board of salmon conservators having jurisdiction within the district, as may be directed by the order creating the district, such number of fishery members not being in the aggregate less than the number of members of the county or borough councils provided by the order creating the district. The fishery members shall hold office for the same time as the members appointed by the county or borough council or councils, and any vacancy amongst the fishery members which may arise in the interval shall be filled up by a representative of the fishing interest in respect of which it occurs. The members representing a board of salmon conservators shall be appointed by that board.
(3) (3.) The law relating to committees and joint committees of county councils shall, subject to the provisions of the order constituting a local fisheries committee, apply to the local fisheries committee in like manlier as if the powers and duties or that committee were powers and duties transferred by the Local Government Act, 1888 , to the council or councils represented on the committee and delegated to the committee by the said council or councils, and as if any borough council represented on the committee were a county council.
(4) (4.) Every order made by the Board of Trade under this section shall be laid for thirty days before both Houses of Parliament while in session, and if either House within that period resolves that the whole or any part of the order ought not to be in force the same shall not have any force, without prejudice nevertheless to the making of any other order in its place. Subject to any such resolution, every order so made shall come into force at the expiration of the thirty days aforesaid.
(5) (5.) In case a county council or borough council, to whom application has been made by riot less than twenty inhabitant ratepayers interested in sea fisheries, refuse or neglect to apply to the Board of Trade to create a sea fisheries district for the space of six months from the date of the application, the persons making such application shall, within twelve months from the date thereof, be entitled to apply to the Board of Trade for an order establishing such sea fisheries district, and the Board of Trade shall, unless the council can show to their satisfaction that such order should not be made, proceed as if an application had been made by the council.
(6) (6.) Before making any order creating a sea fisheries district the Board of Trade shall cause the draft of such order to be locally published in such manner as they direct, and shall, if any objections are made to such orders, or any of the provisions thereof, cause such local inquiry to be held as may in their opinion be required. Due notice of such inquiry shall be given by advertisement or otherwise, and the report of the person holding such inquiry shall, if the order is made, be laid with the order before both Houses of Parliament.
2 Byelaws for regulation of sea fisheries.
(1)2.—(1.) A local fisheries committee for a sea fisheries district may from time to time, subject to such regulations as may be made in that behalf by the Board of Trade, make byelaws, to be observed within their district, for all or any of the following purposes, namely,—
(a. ) For restricting or prohibiting, either absolutely or subject to such regulations as may be provided by the byelaws, any method of fishing for sea fish or the use of any instrument of fishing for sea fish, and for determining the size of mesh, form, and dimensions of any instrument of fishing for sea fish;
(b. ) For constituting within their district any district of oyster cultivation for the purposes of section four of the Fisheries (Oyster, Crab, and Lobster) Act, 1877 ;
(c. ) For directing that the proviso to section eight of the Fisheries (Oyster, Grab, and Lobster) Act, 1877, which permits edible crabs in certain conditions or under a certain size to be taken by or be in the possession of any person if those crabs are intended for bait for fishing, shall not apply;
(d. ) For repealing or amending any order made under section ten of the Fisheries (Oyster, Crab, and Lobster) Act, 1877, or under the Fisheries (Oyster, Crab, and Lobster) Act (1877) Amendment Act, 1884 ;
(e. ) For prohibiting or regulating the deposit or discharge of any solid or liquid substance detrimental to sea fish or sea fishing; and
(f. ) For repealing or amending any byelaw made in pursuance of this Act.
(2) (2.) A byelaw made in pursuance of this Act may provide for its application either to the whole or any specified part or parts of the district for which it is made, and either during the whole or any specified part or parts of the year.
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