The Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1992

Made: 22nd October 1992

Laid before Parliament: 11th November 1992

Coming into force: 9th December 1992

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 5(1), 15(3) 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, commencement and interpretation

1

• (1) This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 9th December 1992.

• (2) In this Order—

• “British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;

• “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 defining characteristics for fishing vessels[^f00002];

• “sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea[^f00003] specified in the Schedule hereto.

Prohibition and exceptions

2

• (1) Subject to paragraph (2) below, fishing for mackerel ( Scomber scombrus)—

• (a) by any British fishing boat registered in the United Kingdom within any part of a sea area; or

• (b) by any other British fishing boat within any part of a sea area which lies within British fishery limits,

is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.

• (2) The prohibition in paragraph (1) above shall not apply—

• (a) to any fishing boat whose length exceeds 10 metres,

• (b) to any fishing boat which is used wholly for fishing with rod and line or by handline,

• (c) to fishing within that part of the sea area ICES Statistical Division Vb which lies outside British fishery limits, or

• (d) to fishing within that part of the sea area ICES Statistical Sub-area II which lies within British fishery limits.

Powers of British sea-fishery officers in relation to fishing boats

3

• (1) For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below—

• (a) anywhere in relation to any British fishing boat registered in the United Kingdom, and

• (b) in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.

• (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 paragraph (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;

• (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 section 5(1) or (6) of the Sea Fish (Conservation) Act 1967[^f00004] as read with this Order, 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; and

• (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 sub-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 this Order 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.

SCHEDULE — SEA AREAS IN RESPECT OF WHICH PROHIBITION OF FISHING FOR MACKEREL APPLIES

ICES Statistical Sub-Area II (Norwegian Sea, Spitzbergen and Bear Island)

The waters bounded by a line drawn from the geographic North Pole along the meridian of 30°00' east longitude to 72°00' north latitude; thence due west to 26°00' e ast longitude; thence due south to the coast of Norway; thence in a westerly and south-westerly direction along the coast of Norway to 62°00' north latitude; thence due west to 4°00' west longitude; thence due north to 63°00' north latitude; thence due west to 11°00' west longitude; thence due north to the geographic North Pole.

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 VIIIa (South Brittany)

ICES Statistical Division VIIIb (South Gascony)

ICES Statistical Division VIIId (Central Gascony)

ICES Statistical Division VIIIe (Western Gascony)

ICES Statistical Sub-Area XII (North of Azores)

ICES Statistical Sub-Area XIV (East Greenland)

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd October 1992.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 22nd October 1992

Gwilym Jones — Parliamentary Under Secretary of State, Welsh Office — 22nd October 1992

Arran — Parliamentary Under Secretary of State, Northern Ireland Office — 22nd October 1992

Explanatory note

(This note is not part of the Order)

This Order prohibits, subject to exceptions, fishing for mackerel ( Scomber scombrus) during the period beginning with the date of coming into force of the Order and ending immediately before 1st January 1993—

• (a) by any British fishing boat registered in the United Kingdom within any part of a sea area specified in the Schedule to the Order, or

• (b) by any British fishing boat registered in the Isle of Man or any of the Channel Islands or by any British-owned fishing boat within any part of such a sea area which lies within British fishery limits (article 2).

The Order does not apply to any boat over 10 metres in length or any boat which is used wholly for fishing with rod and line or by handline (article 2(2)(a) and (b)). “Length” is defined in article 1(2). The Order also does not apply to fishing within that part of the sea area ICES Statistical Division Vb which lies outside British fishery limits or that part of the sea area ICES Statistical Sub-area II which lies within British fishery limits (article 2(2)(c) and (d)).

By virtue of section 5(6) of the Sea Fish (Conservation) Act 1967 (as amended by section 22(2) of the Fisheries Act 1981), where, in the course of any fishing operations conducted in any of the above-mentioned sea areas, mackerel are taken on board a boat to which this Order applies, those fish shall (subject to section 9 of that Act) be returned to the sea forthwith. British sea-fishery officers are given certain enforcement powers for the purpose of the enforcement of the Order (article 3).

Footnotes

[^f00001]: 1967 c. 84; section 5(1) was substituted by section 22(1) of the Fisheries Act 1981 (c. 29); section 15(3) was substituted by paragraph 38(3) of Schedule 1 to the Sea Fisheries Act 1968 (c. 77) and amended by paragraph 16(1) of Schedule 2 to the Fishery Limits Act 1976 (c. 86); section 22(2)(a) which contains a definition of “the Ministers” for the purposes of sections 5 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b).

[^f00002]: O.J. No.L274, 25.9.86, p.1.

[^f00003]: Cmnd. 2586.

[^f00004]: Subsection (6) was amended by section 22(2) of the Fisheries Act 1981. By virtue of subsection (7), where subsection (6) is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) are guilty of an offence under that subsection.