Sea Fisheries Act 1968

White fish and herring subsidies

Removal of special provisions for, and relaxation of restrictions on, white fish and herring subsidies

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Extension of scope of white fish and herring subsidies

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• (1) The power of the appropriate Minister to make grants in pursuance of a scheme under section 5 of the White Fish and Herring Industries Act 1953 (power to pay white fish subsidy with a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of white fish) or section 3 of the White Fish and Herring Industries Act 1957 (power to pay herring subsidy for a similar purpose) shall include power to make such grants with a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of products of white fish or herring, as the case may be.

• (2) For the purposes of those sections the trans-shipment of white fish and herring and their respective products in a port in the United Kingdom or within the exclusive fishery limits shall be treated as the landing of white fish and herring and their respective products in the United Kingdom.

• (3) In this section " white fish " has the same meaning as in the said section 5.

Offences in connection with white fish and herring subsidies

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• (1) Any person who—

• (a) in furnishing any information in purported compliance with a requirement imposed by a scheme under section 5 of the White Fish and Herring Industries Act 1953 (white fish subsidy) or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ;

• (b) for the purpose of obtaining for himself or any other person any sum payable under such a scheme makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ;

• (c) in purported compliance with a requirement imposed by such a scheme produces a document which he knows to be false in a material particular or recklessly produces a document which is false in a material particular ; or

• (d) wilfully refuses to supply any information, make any return or produce any document when required to do so by or under any such scheme,

shall be liable, on summary conviction, to a fine not exceeding £400.

• (2) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Levy on the white fish and herring industries

Provisions with respect to levy which may be imposed on the white fish and herring industries

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• (1) The general levy which may be imposed by the White Fish Authority under section 15(2) of the Sea Fish Industry Act 1951 (power to impose on persons engaged in the white fish industry a general levy not exceeding one penny for every stone of white fish landed in Great Britain) may be imposed—

• (a) in respect of white fish landed in Great Britain, at a prescribed rate not exceeding 2d. for each stone of white fish so landed ; and

• (b) in respect of white fish products so landed, at a prescribed rate in respect of each stone of the products.

• (2) The rate prescribed in relation to any white fish product for the purposes of subsection (1)(b) above shall not exceed an amount which in the opinion of the Authority would be yielded by a levy of 2d. on each stone of white fish required on average (whether alone or together with any other substance or article) to produce a stone of that product.

• (3) In subsections (1) and (2) above " prescribed" means prescribed by regulations made by the Authority under Part I of the Sea Fish Industry Act 1951 ; and the Authority may prescribe different rates of general levy for fish of different descriptions and products of different descriptions.

• (4) The Ministers may by order provide that for references to 2d. in subsections (1) and (2) above there shall be substituted references to such larger sum as may be specified in the order.

• (5) No order shall be made under subsection (4) above unless a draft thereof has been laid before, and been approved by, both Houses of Parliament.

• (6) For the purposes of section 15(2) and (3) of the Sea Fish Industry Act 1951 parts of white fish shall, notwithstanding anything in the definition of white fish in section 19 of that Act (interpretation of Part I of that Act), be treated as products of white fish and not as white fish.

• (7) In the said section 15(2) and (3) references to persons engaged in the white fish industry shall be construed as including references to persons carrying on in Great Britain the business of buying the products of white fish by wholesale or of importing white fish or their products.

• (8) In section 3(l) of the Herring Industry Act 1935 (which, as applied by section 7(5) of the White Fish and Herring Industries Act 1948, empowers the herring industry scheme to contain provisions for levies on persons engaged in the herring industry and on purchasers of herring wholesale) for the words " purchasers of herring wholesale " there shall be substituted the words " purchasers of herring or herring products wholesale and importers of herring or herring products ".

In the said paragraph (l) as amended by this subsection " products " has the same meaning as in Part I of the Sea Fish Industry Act 1951.

• (9) The Ministers may direct that a substance or article which is capable of being produced wholly or partly from either white fish or herring or both shall be treated for the purposes of this section, section 15(2) and (3) of the Sea Fish Industry Act 1951 and section 7 of the White Fish and Herring Industries Act 1948 and any instrument made under or by virtue of any of those provisions as being wholly or partly produced from one of those descriptions of fish, and may also give directions with respect to the collection of sums payable by way of levy or contribution in respect of that substance or article in pursuance of any such instrument and the application of sums so paid in any manner specified in the directions, whether or not the application of those sums in that manner is authorised by the relevant provision or instrument.

• (10) In this section " the Ministers " has the same meaning as in Part I of the Sea Fish Industry Act 1951.

Regulation of sea fishing operation

Regulation of conduct of fishing operations

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• (1) The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.

• (2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—

• (a) to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and

• (b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits

• (3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.

• (4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to [the statutory amount]or on conviction on indictment to a fine.

• (5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.

• (6) This section has effect in relation to Scotland with the following modifications–

• (a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;

• (b) in subsection (2)(b)–

• (i) for “Scottish” there is substituted “relevant British”; and

• (ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and

• (c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.

Restriction on fishing within the fishery limits of the British Islands

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Sea-fishery officers

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• (1) The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—

• (a) officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;

• (b) commissioned officers of any of Her Majesty’s ships;

• (c) persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

• (ca) persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;

• (d) officers of the fishery protection service ... of the Scottish Ministers holding the rank of commander, first officer or second officer;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) other persons appointed as British sea-fishery officers by one of the appropriate Ministers.

• (1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).

• (2) The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.

• (3) An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—

• (a) to particular matters;

• (b) to a particular area;

• (c) to a particular order or class of orders.

• (4) In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.

• (5) In this section “the appropriate Minister” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in relation to Scotland, the Scottish Ministers; and

• (c) in relation to Northern Ireland, the Department of Agriculture for Northern Ireland.

General powers of British sea-fishery officers

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• (1) For the purpose of enforcing the provisions of any order under section 5 above or of section 12 of the Fisheries Act 2020 or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within British fishery limits and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.

• (2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

• (3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,—

• (a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and

• (b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

• (c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;

• (d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in paragraph ( d ) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

• (4) Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 12 of the Fisheries Act 2020 has at any time taken place within British fishery limits, he may—

• (a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

• (b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.

• (5) If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within British fishery limits, he may require the boat to move away or to move in a direction or to a position specified by him.

• (6) For the purpose of enforcing the collision regulations made under section 85 of the Merchant Shipping Act 1995, so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within British fishery limits and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents), whether or not he is mentioned in that section, and also the powers conferred by the foregoing provisions of this section, and section 257 of that Act so far as it relates to the former powers shall apply accordingly.

Powers of sea-fishery officers to enforce conventions

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• (1) For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside British fishery limits the powers conferred by section 8(2) and (3) above.

• (2) Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.

Miscellaneous provisions as to sea-fishery officers

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• (1) A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

• (2) Any person who on any fishing boat within British fishery limits, or on a British fishing boat anywhere outside those limits,—

• (a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;

• (b) prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or

• (c) assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or wilfully obstructs any such officer in the exercise of any of those powers;

shall be guilty of an offence.

• (2A) Any person who on any vessel within British fishery limits—