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The Sea Fish Licensing Order 1989

S.I. 1989/2015 · Made 1 November 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SEA FISHERIES

CONSERVATION OF SEA FISH

Made 1st November 1989

Laid before Parliament 2nd November 1989

Coming into force 1st February 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 1967f1, and of all other powers enabling them in that behalf, hereby make the following Order:–

Annotations to the whole text

Footnotes

f1

1967 c. 84; section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3 and by the Fisheries Act 1981 (c. 29), section 20; section 15(3) was amended by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and by the Fishery Limits Act 1976, Schedule 2, paragraph 16(1); section 4 was applied in relation to British fishing boats registered in the Isle of Man and any of the Channel Islands by the Sea Fish (Conservation) (Manx Boats) Order 1978 (S.I. 1978/281) and the Sea Fish (Conservation) (Channel Islands Boats) Order 1978 (S.I. 1978/280); section 22(2)(a) which contains a definition of “the Ministers” for the purposes of sections 4 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b).

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Prohibition of fishing without a licence and exceptions thereto
  4. 4Retention on board of fish
  5. 5Enforcement
  6. 6Revocation
  7. Signature
  8. Schedule 1STATISTICAL SUB-AREAS AND DIVISIONS OF THE INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA
  9. Schedule 2AREAS OF SEA AND DESCRIPTIONS OF SEA FISH IN RESPECT OF WHICH PROHIBITION OF FISHING WITHOUT LICENCE APPLIES
  10. Schedule 3AREAS OF SEA AND DESCRIPTIONS OF SEA FISH CAUGHT THEREIN TO WHICH RETENTION ON BOARD PROVISIONS APPLY
  11. Schedule 4ORDERS WHICH ARE REVOKED BY THIS ORDER
  12. Explanatory note

1Title and commencement

This Order may be cited as the Sea Fish Licensing Order 1989 and shall come into force on 1st February 1990.

2Interpretation

In this Order–

  • “CECAF Division 34.1.1. (EC Zone)” means the waters commonly known as the Moroccan coast bounded by a line drawn from a position on the coast of Spain in 36°00' north latitude and 5°36' west longitude (isthmus of Punto Marroqui); thence due west to 13°00' west longitude; thence due south to 29°00' north latitude; thence in a southerly and westerly direction to a position in 26°00' north latitude and 16°00' west longitude; thence due east to a point on the coast of the continent of Africa in 26°00' north latitude; thence in a northerly and easterly direction along the coast of the continent of Africa to a point in 5°36' west longitude; thence due north to the point of commencement;

  • “Community waters” means any waters which are under the sovereignty or jurisdiction of a member State;

  • “ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Seaf1 described in Schedule 1 to this Order is identified therein by that roman numeral or that roman numeral and letter as the case may be;

  • “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. 2930/86f2;

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

  • “NAFO sub-area 1” means the area of sea which is described in paragraph 2(a) of Annex III to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheriesf3 and is commonly known asWest Greenland;

  • “NAFO sub-area 2” means the area of sea which is described in paragraph 3(a) of Annex III to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries;

  • “NAFO sub-area 3” means the area of sea which is described in paragraph 4(a) of Annex III to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries;

  • “third country waters” means any waters which are not under the sovereignty or jurisdiction of a member State.

3Prohibition of fishing without a licence and exceptions thereto

(1)

Subject to paragraph (2) of this article, fishing by British fishing boats in an area of sea specified in column 1 of Schedule 2 to this Order for a description of sea fish specified in relation to that area in column 2 of that Schedule is hereby prohibited unless authorised by a licence granted, in the case of fishing by British 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, in any other case, by one of the Ministers.

(2)

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

(a)

by handline for mackerel (Scomber scombrus);

(b)

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 adjacent to England which lies between a line drawn due east from Langduard Point, Felixstowe and a line drawn due east from North Foreland lighthouse and within 6 miles from the baselines from which the breadth of the territorial sea is measuredf1; or

(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).

4Retention on board of fish

Notwithstanding the provisions of section 4(9A)(b) of the Sea Fish (Conservation) Act 1967 (return to the sea of fish the fishing for which is prohibited), there may be retained on board any fishing boat to which this Order applies a quantity of sea fish consisting of one or more of the descriptions of sea fish specified in an entry in column 2 of Schedule 3 to this Order, the fishing for which is for the time being prohibited by or under this Order, and which–

(a)

has been taken on board that fishing boat in a statistical division of ICES VII specified in column 1 of that Schedule opposite that entry, in the course of fishing in that statistical division of ICES VII for any description of sea fish the fishing for which is not for the time being prohibited by or under this Order or any other enactment; and

(b)

does not exceed 10% by weight of the total catch of sea fish on board that fishing boat.

5Enforcement

For the purposes of the enforcement of this Order, there are hereby conferred on every British sea-fishery officer all the powers of a British sea-fishery officer under section 8(2) to (4) of the Sea Fisheries Act 1968f1.

6Revocation

The orders mentioned in Schedule 4 to this Order are hereby revoked.

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th October 1989.

L.S.

John Gummer

Minister of Agriculture, Fisheries and Food

Sanderson of Bowen

Minister of State, Scottish Office

25th October 1989

Peter Walker

Secretary of State for Wales

1st November 1989

Peter Brooke

Secretary of State for Northern Ireland

25th October 1989

Schedule 1STATISTICAL SUB-AREAS AND DIVISIONS OF THE INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA

The waters bounded by a line from the geographic North Pole along the meridian of 30°00' east longitude to 72°00' north latitude; thence due west to 26°00' east longitude; thence due south to the coast of Norway; thence in an easterly direction along the coasts of Norway and the Union of Soviet Socialist Republics to Khaborova; thence across the western entry of the Strait of Yugorskiy Shar; thence in a westerly and northerly direction along the coast of Vaygach Island; thence across the western entry of the Strait of the Karskiye Vorota, thence west and north along the coast of the south island of Novaya Zemlya; thence across the western entry of the Strait of Matochkin Shar; thence along the west coast of the north island of Novaya Zemlya to a point in 68°30' east longitude; thence due north to the geographic North Pole.

Schedule 2AREAS OF SEA AND DESCRIPTIONS OF SEA FISH IN RESPECT OF WHICH PROHIBITION OF FISHING WITHOUT LICENCE APPLIES

Column 1Column 2
[Area of Sea][Description of sea fish]

Note: Where an entry in column 1 of this Schedule is marked with an asterisk the following waters are excluded from the area of sea referred to in that entry:–

  • 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.

CECAF Division 34.1.1 (EC Zone)Cod (Gadus morhua), haddock (Melanogrammus aeglefinus), saithe (Pollachius virens)
ICES IAll
ICES IIa excluding third country watersCod, haddock, hake (Merluccius spp), herring (Clupea harengus), mackerel (Scomber scombrus), plaice (Pleuronectes platessa), saithe, sole (Solea solea), whiting (Merlangius merlangus)
ICES IIa excluding Community watersAll
ICES IIbAll
ICES IIIaMackerel, saithe
ICES IIIb, c excluding third country watersMackerel, saithe
ICES IIId excluding third country watersMackerel, saithe
ICES IVCod, haddock, hake, herring, mackerel, plaice, saithe, sole, whiting
ICES VaAll
ICES Vb excluding third country watersCod, Greenland halibut (Reinhardtius hippoglossoides), haddock, hake, herring, mackerel, megrim (Lepidorhombus whiffiagonis), anglerfish (Lophius spp), plaice, redfish (Sebastes spp), saithe, sole, whiting, Norway lobster (Nephrops norvegicus), pollack (Pollachius pollachius)
ICES Vb excluding Community watersAll
ICES VICod, haddock, hake, herring, mackerel, megrim, anglerfish, plaice, saithe, sole, whiting, Norway lobster, pollack
ICES VIIaf1 (see note below)Cod, haddock, hake, herring, mackerel, megrim, anglerfish, plaice, saithe, sole, whiting, Norway lobster, pollack
ICES VIIb, cCod, haddock, hake, mackerel, megrim, anglerfish, plaice, saithe, sole, whiting, Norway lobster, pollack
ICES VIIdCod, haddock, hake, mackerel, megrim, anglerfish, plaice, saithe, sole, sprat, (Sprattus sprattus), whiting, Norway lobster, pollack
ICES VIIe (see note below)Cod, haddock, hake, herring, mackerel, megrim, anglerfish, plaice, saithe, sole, sprat, whiting, Norway lobster, pollack
ICES VIIf to kCod, haddock, hake, herring, mackerel, megrim, anglerfish, plaice, saithe, sole, whiting, Norway lobster, pollack
ICES VIII excluding third country watersCod, haddock, mackerel, megrim, anglerfish, saithe
ICES IXCod, haddock, saithe
ICES XCod, haddock, saithe
ICES XIIAll
ICES XIVAll
NAFO sub-area 1All
NAFO sub-area 2All
NAFO sub-area 3All

Schedule 3AREAS OF SEA AND DESCRIPTIONS OF SEA FISH CAUGHT THEREIN TO WHICH RETENTION ON BOARD PROVISIONS APPLY

Column 1Column 2
[Area of Sea][Description of sea fish]

Note: Where an entry in column 1 of this Schedule is marked with an asterisk the following waters are excluded from the area of sea referred to in that entry:–

  • 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.

ICES VIIaf1 (see note below)Cod, plaice, whiting
ICES VIIb, cWhiting
ICES VIIdPlaice, sole, whiting
ICES VIIe (see note below)Plaice, sole, whiting
ICES VIIf to kPlaice, sole, whiting

Schedule 4ORDERS WHICH ARE REVOKED BY THIS ORDER

Column 1Column 2
[Orders revoked][References]
The Sea Fish Licensing Order 1983S.I. 1983/1206
The Sea Fish Licensing (Variation) Order 1983S.I. 1983/1881
The Sea Fish Licensing (Variation) Order 1986S.I. 1986/1438
The Sea Fish Licensing (Variation) Order 1987S.I. 1987/1565

Explanatory note

(This note is not part of the Order)

This Order consolidates with an amendment, and replaces, the Sea Fish Licensing Order 1983, as amended, “the 1983 Order” which prohibited fishing, subject to exceptions, by British fishing boats (including boats registered in the Isle of Man and the Channel Islands) in specified areas of sea for the principal species of sea fish, unless authorised by a licence. That prohibition on fishing did not apply to fishing by any boat whose length was not more than 10 metres, except in the case of a boat fishing for herring in specified areas. This Order amends the definition of “length” to that calculated in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 (OJ No. L274, 25.9.86, p. 1 (article 2).

The prohibition on fishing extends to British fishing boats as aforesaid fishing in an area of sea specified in column 1 of Schedule 2 to the Order for a description of sea fish specified in relation to that area in column 2 of that Schedule unless authorised by a licence granted–

(a)

in the case of fishing by Isle of Man registered boats for herring in ICES VIIa (Irish Sea), by the Department of Agriculture, Fisheries and Forestry, the Isle of Man;

(b)

in any other case, by one of the Ministers (article 3(1)).

There is excepted from this prohibition fishing–

(a)

by boats whose length is not more than 10 metres, except in the case of a boat fishing for herring in specified areas;

(b)

for mackerel by handline (article 3(2)).

The Order permits the retention on board a fishing boat of a quantity of one or more of the descriptions of sea fish specified in Schedule 3 thereto not exceeding 10% by weight of the total catch of sea fish on board the boat, the fishing for which is for the time being prohibited, caught in a specified statistical division of ICES VII as a by-catch in the course of lawful fishing for another description of sea fish. In consequence fish of descriptions not so specified, the fishing for which is for the time being prohibited under article 3 of the Order, must in all circumstances be returned to the sea forthwith in accordance with the provisions of section 4(9A) of the Sea Fish (Conservation Act) 1967 (c. 84) (inserted by section 20(4) of the Fisheries Act 1981 (c. 29), (article 4).

The Order confers on British sea-fishery officers the powers of a British sea-fishery officer specified in section 8(2) to (4) of the Sea Fisheries Act 1968 (c. 77) for the purposes of the enforcement of the Order (article 5).

The Order revokes the 1983 Order together with the Orders which amended it (article 6).