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The Fishing Boats Designation (England) Order 2015

Type Statutory-Instrument

Publication 2015-03-09

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

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Made: 9th March 2015

Laid before Parliament: 13th March 2015

Coming into force: 1st July 2015

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Title, commencement, extent and application

1

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Interpretation

2

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Access to fisheries

3

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Stowage of gear

4

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Revocations

5

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Review

6

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SCHEDULE 1 — Access to fisheries: designated countries and designated areas

1

Any part of British fishery limits outside 12 miles from the baselines.

2

The following areas within 12 miles, but outside 6 miles, from the baselines—

3

Areas within 12 miles, but outside 6 miles, from the baselines and between the demarcation lines drawn west from Chicken Rock lighthouse and south-east from Douglas lighthouse.

1

Any part of British fishery limits outside 12 miles from the baselines.

2

The following areas within 12 miles, but outside 6 miles, from the baselines—

3

Such part of the area within 12 miles of the baselines adjacent to Lundy Island, but outside 6 miles from all baselines, as lies to the north and east of a line drawn north-west from Hartland Point lighthouse.

4

Such part of the area within 12 miles, but outside 6 miles, from the baselines and between—

5

Areas within 12 miles, but outside 6 miles, from the baselines and between the demarcation lines drawn west from Chicken Rock lighthouse and south-east from Douglas lighthouse.

6

Areas within 12 miles, but outside 6 miles, from the baselines and between the demarcation lines drawn south-west from L'etac de Sark and north-east from Alderney lighthouse.

1

Any part of British fishery limits outside 12 miles from the baselines.

2

The following areas within 12 miles, but outside 6 miles, from the baselines—

1

Any part of British fishery limits outside 12 miles from the baselines.

2

Such parts of the area within 12 miles, but outside 6 miles, from the baselines adjacent to Great Britain, and between—

(a) the northern boundary of the Welsh zone, and

(b) the south-western boundary of the Scottish zone,

as lie no nearer to the Isle of Man than a line every point of which is equidistant from the nearest points of, on the one hand, the baselines adjacent to Great Britain and, on the other hand, the baselines adjacent to the Isle of Man.

3

Areas within 12 miles, but outside 6 miles, from the baselines and between the demarcation lines drawn north-east from Point of Ayre lighthouse and south from Chicken Rock lighthouse.

4

Areas within 12 miles, but outside 6 miles, from the baselines and between the demarcation lines drawn west from Jurby Head Church and south from Chicken Rock lighthouse.

1

Any part of British fishery limits outside 12 miles from the baselines.

2

The following areas within 12 miles, but outside 6 miles, from the baselines—

SCHEDULE 2 — ICES areas

ICES area	Description
ICES IVb	The waters bounded by a line beginning at a point on the west coast of Denmark in 57°00′ north latitude; thence due west to 8°00′ east longitude; thence due north to 57°30′ north latitude; thence due west to the coast of Scotland; thence in a southerly direction along the coasts of Scotland and England to a point in 53°30′ north latitude; thence due east to the coast of the Federal Republic of Germany; thence in a north-easterly direction along the coast of the Federal Republic of Germany to the western terminus of its boundary with Denmark; thence along the west coast of Jutland to Thyboron; thence in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; thence across the eastern entrance of the Limfjord to Hals; thence in a westerly direction along the north coast of Limfjord to the southernmost point of Agger Tange; thence in a northerly direction along the west coast of Jutland to the point of beginning.
ICES IVc	The waters bounded by a line beginning at a point on the west coast of the Federal Republic of Germany in 53°30′ north latitude; thence due west to the coast of England; thence in a southerly direction along the coast of England to a point in 51°00′ north latitude; thence due east to the coast of France; thence in a north-easterly direction along the coasts of France, Belgium, the Netherlands and the Federal Republic of Germany to the point of beginning.
ICES VII	The waters bounded by a line beginning at a point on the west coast of the Republic of Ireland in 54°30′ north latitude; thence due west to 18°00′ west longitude; thence due south to 48°00′ north latitude; thence due east to the coast of France; thence in a northerly and north-easterly direction along the coast of France to a point in 51°00′ north latitude; thence due west to the south-east coast of England; thence in a westerly and northerly direction along the coasts of England, Wales and Scotland to a point on the west coast of Scotland in 55°00′ north latitude; thence due west to the coast of Northern Ireland; thence in northerly and westerly direction along the coasts of Northern Ireland and the Republic of Ireland to the point of beginning.
ICES VIId	The waters bounded by a line beginning at a point on the west coast of France in 51°00′ north latitude; thence due west to the coast of England; thence in a westerly direction along the south coast of England to 2°00′ west longitude; thence in a southerly direction to the coast of France at Cape de la Hague; thence in a north-easterly direction along the coast of France to the point of beginning.
ICES VIIe	The waters bounded by a line beginning on the south coast of England in 2°00′ west longitude; thence in a southerly and westerly direction along the coast of England to a point on the south-west coast in 50°00′ north latitude; thence due west to 7°00′ west longitude; thence due south to 49°30′ north latitude; thence due east to 5°00′ west longitude; thence due south to 48°00′ north latitude; thence due east to the coast of France; thence in a northerly and north-easterly direction along the coast of France to Cape de la Hague; thence in a northerly direction to the point of beginning.
ICES VIIf	The waters bounded by a line beginning at a point on the south coast of Wales in 5°00′ west longitude; thence due south to 51°00′ north latitude; thence due west to 6°00′ west longitude; thence due south to 50°30′ north latitude; thence due west to 7°00′ west longitude; thence due south to 50°00′ north latitude; thence due east to the coast of England; thence along the south-west coast of England and the south coast of Wales to the point of beginning.
ICES VIIh	The waters bounded by a line beginning at a point in 50°00′ north latitude and 7°00′ west longitude; thence due west to 9°00′ west longitude; thence due south to 48°00′ north latitude; thence due east to 5°00′ west longitude; thence due north to 49°30′ north latitude; thence due west to 7°00′ west longitude; thence due north to the point of beginning.

SCHEDULE 3 — Revocations

Statutory instrument	Reference
The Fishing Boats (Belgium) Designation Order 1965	S.I. 1965 No. 1569
The Fishing Boats (France) Designation Order 1965	S.I. 1965 No. 1241
The Fishing Boats (Republic of Ireland) Designation Order 1965	S.I. 1965 No. 1448
The Foreign Fishing Boats (Stowage of Gear) Order 1970	S.I. 1970 No. 318
The Fishing Boats (European Economic Community) Designation Order 1983	S.I. 1983 No. 253
The Fishing Boats (European Economic Community) Designation (Variation) Order 1986	S.I. 1986 No. 382
The Fishing Boats (European Economic Community) Designation (Variation) Order 1992	S.I. 1992 No. 3108
The Fishing Boats (European Economic Community) Designation (Variation) Order 1996	S.I. 1996 No. 248
The Fishing Boats (Specified Countries) Designation Order 1996	S.I. 1996 No. 1035
The Fishing Boats (Specified Countries) Designation (Variation) Order 1997	S.I. 1997 No. 1630

Signed

George Eustice — Parliamentary Under Secretary of State — 2015-03-09

Explanatory note

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Footnotes

[^f00001]: 1976 c.86 (“the 1976 Act”). Section 2(1) and (4) was amended by S.I. 1999/1820 article 4, Schedule 2, paragraph 57(1) and (2)(a).

[^f00002]: 1978 c.30. Section 14A was inserted by section 59(1) and (2) of the Enterprise and Regulatory Reform Act 2013 (c.24).

[^f00003]: The functions of the Ministers under the 1976 Act in relation to Wales were transferred to the National Assembly for Wales and then transferred from that body to Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Insofar as those functions were exercisable in relation to the Welsh zone, they have been transferred to Welsh Ministers by article 4(1)(d) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760). The functions under the 1976 Act within British fishery limits but outside the Scottish zone are exercisable by the Ministers. Section 2(9) of the 1976 Act provides for the Scottish Ministers to exercise the functions under section 2 of the 1976 Act. Any remaining functions of the Secretaries of State concerned with the sea fishing industry in Scotland and Wales under section 2 of the 1976 Act were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). Functions under section 2 of the 1972 were transferred to the Department of Agriculture and Rural Development under article 3(3) of, and paragraph 4 of Schedule 3 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790). Functions under section 2 of the 1976 Act have been transferred to the Secretary of State: see article 3(1)(c) of the Transfer of Functions (Sea Fisheries) Order (S.I. 2012/2747).

[^f00004]: “British fishery limits” are the limits set for the purposes of section 1 of the 1976 Act by an Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (c.23). Section 1(1) was substituted (in relation to England and Wales) by the Marine and Coastal Access Act 2009, Schedule 4, paragraph 2(1) and (2). Section 1(3) and (4) was repealed (in relation to England and Wales) by the Marine and Coastal Access Act 2009, Schedule 4, paragraph 2(1) and (3) and Schedule 22, Part 1. The Exclusive Economic Zone Order 2013 (S.I. 2013/3161), an Order in Council under section 41(3) of that Act, designates the area of the exclusive economic zone.

[^f00005]: 1998 c.47. The Northern Ireland zone is specified in the Adjacent Waters Boundaries (Northern Ireland) Order 2002 (S.I. 2002/791) made under section 98(8) of the Northern Ireland Act 1998.

[^f00006]: 1998 c.46. The Scottish zone is specified in the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126) made under section 126(2) of the Scotland Act 1998.

[^f00007]: 2006 c.32; section 158(1) was amended by the Marine and Coastal Access Act 2009 (c.23), section 43(2). The Welsh zone is specified in the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 ( S.I. 2010/760) made under sections 58, 157(2) and 158(4) of, and paragraph 7 of Schedule 3 and paragraph 2 of Schedule 4 to, the Government of Wales Act 2006.

[^f00008]: 1976 c.86.

[^f00009]: S.I. 2014/1353.

[^f00010]: Cmnd 2586.

[^f00011]: The term ‘foreign fishing boat’ is defined in section 8 of the Fishery Limits Act 1976 (c.86), as amended by the Merchant Shipping Act 1995 (c.21), Schedule 13, paragraph 49(a).

[^f00012]: OJ No. L354, 28.12.2013, p.22, as amended by Council Regulation (EU) No. 1385/2013 (OJ No. L354, 28.12.2013, p.86).

[^f00013]: Amended by S.I. 1972/2026.

[^f00014]: Amended by S.I. 1972/2026.

[^f00015]: Amended by S.I. 1972/2026.

[^f00016]: Amended by S.I. 1986/382 and 1992/3108.

[^f00017]: OJ No. L354, 28.12.2013, p.22, as amended by Council Regulation (EU) No. 1385/2013 (OJ No. L354, 28.12.2013, p.86).

[^f00019]: S.I. 2013/3161.

Editorial notes

[^key-a9b0a509e96b9615076e5cd576c8d30f]: Order revoked (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 paras. 3(1), 4(k) (with s. 50, Sch. 4 para. 31)

4A

The area within 12 miles, but outside 6 miles, from baselines adjacent to the United Kingdom and between—

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