The Sea Fish Licensing (Variation) (No. 2) Order 1990
S.I. 1990/1014 · Made 2 May 1990
SEA FISHERIES
CONSERVATION OF SEA FISH
Made 2nd May 1990
Laid before Parliament 3rd May 1990
Coming into force 24th May 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
- 1Title and commencement
- 2Variation of the Sea Fish Licensing Order 1989
- 3Variation of the Sea Fish Licensing Order 1989
- 4Variation of the Sea Fish Licensing Order 1989
- 5Variation of the Sea Fish Licensing Order 1989
- 6Variation of the Sea Fish Licensing Order 1989
- Signature
- Schedule CONTAINING NEW SCHEDULE 2 TO THE SEA FISH LICENSING ORDER 1989
- Explanatory note
1Title and commencement
This Order may be cited as the Sea Fish Licensing (Variation) (No. 2) Order 1990 and shall come into force on 24th May 1990.
2Variation of the Sea Fish Licensing Order 1989
The Sea Fish Licensing Order 1989f1 shall be varied in accordance with articles 3 to 6 below.
3Variation of the Sea Fish Licensing Order 1989
In article 2 thereof (interpretation)—
there shall be inserted after the definition of “mile” the following definition—
““Moroccan waters” means any waters which are under the sovereignty or jurisdiction of the Kingdom of Morocco;”;
there shall be inserted at the end the following definition—
““United States' exclusive economic zone” means a zone contiguous to the territorial sea of the United States of America, the seaward boundary of which is a line drawn in such a manner that each point on it is 200 miles from the baseline from which the breadth of the territorial sea of the United States of America is measured.”.
4Variation of the Sea Fish Licensing Order 1989
In article 3 thereof (prohibition of fishing without a licence and exceptions thereto)—
in paragraph (1) there shall be inserted after the words “sea fish” the words “(other than salmon or migratory trout)”;
in paragraph (2)(b)(vi) there shall be substituted for the words from “adjacent to England” to the end the words “within a zone delimited by a line running due south from Landguard Point in 51°56' north latitude and 1°19,1' east longitude to 51°33' north latitude and thence due west to a point on the coast of England”;
in paragraph (2) there shall be inserted at the end the following sub-paragraph—
“(c)by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.”.
5Variation of the Sea Fish Licensing Order 1989
For Schedule 2 thereto (areas of sea and descriptions of sea fish in respect of which prohibition of fishing without licence applies) there shall be substituted the Schedule to this Order.
6Variation of the Sea Fish Licensing Order 1989
In Schedule 3 thereto (areas of sea and descriptions of sea fish caught therein to which retention on board provisions apply) there shall be omitted in column 1 the entry “ICES VIIa *(see note below)” and in column 2 the entry “Cod, plaice, whiting”.
Signature
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd April 1990.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
24th April 1990
Peter Walker
Secretary of State for Wales
26th April 1990
Peter Brooke
Secretary of State for Northern Ireland
2nd May 1990
CONTAINING NEW SCHEDULE 2 TO THE SEA FISH LICENSING ORDER 1989
“SCHEDULE 2
AREAS OF SEA AND DESCRIPTIONS OF SEA FISH (OTHER THAN SALMON AND MIGRATORY TROUT) IN RESPECT OF WHICH PROHIBITION OF FISHING WITHOUT LICENCE APPLIES
Article 3
Column 1 Column 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) Moroccan waters All ICES I All ICES IIa All ICES IIb All ICES IIIa Mackerel (Scomber scombrus), saithe ICES IIIb, c excluding third country waters Mackerel, saithe ICES IIId excluding third country waters Mackerel, saithe ICES IV All ICES Va All ICES Vb All ICES VI All ICES VIIa *(see note below) All ICES VIIb, c All ICES VIId All ICES VIIe *(see note below) All ICES VIIf to k All ICES VIII All ICES IX Cod, haddock, saithe ICES X Cod, haddock, saithe ICES XII All ICES XIV All NAFO sub-area 1 All NAFO sub-area 2 All NAFO sub-area 3 All United States' exclusive economic zone All ”
Explanatory note
(This note is not part of the Order)
This Order varies the Sea Fish Licensing Order 1989, as varied, (“the principal Order”) which prohibits fishing, subject to exceptions, by British fishing boats in specified areas of sea for the principal species of sea fish, unless authorised by a licence.
This Order extends the scope of that prohibition to include fishing for all species of sea fish (other than salmon or migratory trout) in Moroccan waters, in Community waters of ICES Vb (Faroes Grounds), in ICES VI (Rockall and West of Scotland), in ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel), in ICES VIII (Bay of Biscay) and in the United States' exclusive economic zone (articles 3, 4(a) and 5 and Schedule).
This Order excepts from the prohibition on fishing—
fishing by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline (article 4(c));
fishing for salmon or migratory trout (article 4(a)).
This Order removes the provision in the principal Order which permitted the retention on board a fishing boat of a quantity of cod, plaice and whiting not exceeding 10% by weight of the total catch of sea fish on board the boat, the fishing for which was for the time being prohibited, caught in ICES VIIa as a by-catch in the course of lawful fishing for another description of sea fish (article 6). In consequence, section 4(9A) of the Sea Fish (Conservation) Act 1967 requires such cod, plaice and whiting to be returned to the sea forthwith.
The Order also amends the definition of the Thames and Blackwater coastal area to accord with Council Regulation (EEC) No. 4047/89 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1990 and certain conditions under which they may be fished (OJ No. L389, 30.12.89, p.1, at p.34) (article 4(b)).