The Sea Fish Licensing Order 1989

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 1967[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:–

Title and commencement

1

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

Interpretation

2

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 Sea[^f00002] 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. 2930/86[^f00003];

• “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 Fisheries[^f00004] 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.

Prohibition of fishing without a licence and exceptions thereto

3

• (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 measured[^f00005]; 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).

Retention on board of fish

4

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.

Enforcement

5

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 1968[^f00006].

Revocation

6

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

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

ICES Statistical Sub-Area I (Barents 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.

ICES Statistical Division IIa (Norwegian Sea)

ICES Statistical Division IIb (Spitzbergen and Bear Island)

ICES Statistical Division IIIa (Skagerak and Kattegat)

ICES Statistical Division IIIb, c (Sound and Belt Sea or Transition Area)

ICES Statistical Division IIId (Baltic Sea)

ICES Statistical Sub-Area IV (North Sea)

ICES Stastistical Division Va (Iceland Grounds)

ICES Statistical Division Vb (Faroes Grounds)

ICES Statistical Sub-Area VI (Rockall and West of Scotland)

ICES Statistical Sub-Area VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel)

ICES Statistical Division VIIa (Irish Sea)

ICES Statistical Division VIIb, c (West of Ireland and Porcupine Bank)

ICES Statistical Division VIId (Eastern English Channel)

ICES Statistical Division VIIe (Western English Channel)

ICES Statistical Division VIIf (Bristol Channel)

ICES Statistical Division VIIg (South-east of Ireland)

ICES Statistical Division VIIh (Little Sole Bank)

ICES Statistical Division VIIj (Great Sole Bank)

ICES Statistical Division VIIk (West of Great Sole Bank)

ICES Statistical Sub-Area VIII (Bay of Biscay)

ICES Statistical Sub-Area IX (Portuguese Waters)

ICES Statistical Sub-Area X (Azores Grounds)

ICES Statistical Sub-Area XII (North of Azores)

ICES Statistical Sub-Area XIV (East Greenland)

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

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

SCHEDULE 4 — ORDERS WHICH ARE REVOKED BY THIS ORDER

Signed

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

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

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).

Footnotes

[^f00001]: 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).

[^f00002]: Cmnd. 2586.

[^f00003]: OJ No. L274, 25.9.86, p. 1.

[^f00004]: Annexed to Council Regulation (EEC) No. 3179/78 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries (OJ No. L378, 30.12.78, p. 1) as amended by article 1 of, and the Annex to, Council Regulation (EEC) No. 654/81 amending Regulation (EEC) No. 3179/78 (OJ No. L69, 14.3.81, p. 1).

[^f00005]: See the Territorial Waters Order in Council 1964 (1965 III, p. 6452A, amended by 1979 II, p. 2866).

[^f00006]: 1968 c. 77; section 8(3) and (4) was amended by the Fisheries Act 1981, section 26(2) and (3).