Sea Fish (Conservation) (Channel Islands Boats) Order 1978
Jersey Order in Council 15/1978
SEA FISH (CONSERVATION) (CHANNEL ISLANDS
BOATS) ORDER 1978.
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(Registered
on the 31st day of March, 1978).
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At the Court at Buckingham Palace.
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1st March, 1978.
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PRESENT
The Queen’s Most Excellent Majesty in Council.
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HER MAJESTY, in exercise of the powers
conferred upon Her by section 24(1) of the Sea Fish (Conservation)
Act 1967 and section 11(3) of the Fishery Limits Act 1976,
is pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows: -
1. This
Order may be cited as the Sea Fish (Conservation) (Channel Islands Boats) Order
1978 and shall come into operation on 8th March, 1978.
2. Section
4 of the Sea Fish
(Conservation) Act 1967 (as substituted
by section 3 of the Fishery Limits Act 1976), which deals with the
licensing of fishing boats, shall apply in relation to British fishing boats
registered in any of the Channel Islands as it applies in relation to British
fishing boats registered in the United Kingdom.
N.E. LEIGH,
Clerk of the Privy Council.
ELIZABETH II
1967 CHAPTER 84
AN ACT to
consolidate (with corrections and improvements made under the Consolidation of
Enactments (Procedure) Act 1949) certain enactments which provide
for regulating the commercial use of, fishing for, and landing of, sea fish,
and for authorising measures for the increase or
improvement of marine resources. [27th October, 1967]
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lord’s
Spiritual and Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:
-
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Regulation of fishing for sea fish
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[LICENSING OF FISHING BOATS
4.-(1) The Ministers may by order provide
–
(a) that in any specified area within
British fishery limits fishing by fishing boats (whether British or foreign) is
prohibited unless authorised by a licence
granted by one of the Ministers;
(b) that in any specified area outside
those limits fishing by British fishing boats is prohibited unless so authorised.
(2) Such an order
may apply to fishing generally in the specified area or to fishing –
(a) for a specified description of sea
fish;
(b) by a specified method;
(c) during a specified season of the
year or other period; or
(d) in the case of an order under
subsection (1)(a), by fishing boats
registered in a specified country,
and whether the order is general or limited in scope it may provide
for exceptions from the prohibition contained in it.
(3) Where any
fishing boat is used in contravention of any prohibition imposed by an order
under this section, the master, the owner and the charterer (if any) are each
guilty of an offence under this subsection.
(4) An order under
this section, if made with the consent of the Treasury given for the purposes
of this subsection, may authorise the making of a
charge for a licence under this section.
Such an order shall specify a maximum charge and may specify
different maxima in relation to different classes of licence.
(5) A licence under this section shall be granted to the owner or
charterer in respect of a named vessel and may authorise
fishing generally or may confer limited authority by reference to, in
particular, –
(a) the area within which fishing is authorised;
(b) the periods, times or particular
voyages during which fishing is authorised;
(c) the descriptions and quantities of
fish which may be taken; or
(d) the method of sea fishing.
(6) A licence under this section may authorise
fishing either unconditionally or subject to such conditions as appear to the
Minister granting the licence to be necessary or
expedient for the regulation of sea fishing, and in particular a licence may contain conditions –
(a) as to the landing of fish or parts
of fish taken under the authority of the licence
(including specifying the ports at which the catch is to be landed); or
(b) as to the use to which the fish
taken may be put:
and if a licence condition is broken the
master, the owner and the charterer (if any) of the vessel named in the licence are each guilty of an offence under this
subsection.
(7) The Minister
granting a licence under this section may require the
master, the owner and the charterer (if any) of the vessel named in the licence to provide him with such statistical information as
he may direct, and a person who fails to comply with such a requirement is
guilty of an offence under this subsection.
(8) The licensing
powers conferred by this section may be exercised so as to limit the number of
fishing boats, or of any class of fishing boats, engaged in fishing in any
area, or in fishing in any area for any description of fish, to such extent as
appears to the Ministers necessary or expedient for the regulation of sea
fishing.
(9) A licence under this section –
(a) may be varied from time to time;
and
(b) may be revoked or suspended, if
this appears to the Minister who granted the licence
to be necessary or expedient for the regulation of sea fishing.
(10) If a licence
is varied, revoked or suspended the Minister who granted it may, if he
considers it appropriate in all the circumstances of the case, refund the whole
or part of any charge made for the licence.
(11) The Ministers may make
arrangements for any of their licensing powers under this section (but not the
power to make orders under subsection (1)) to be exercised by other persons on
their behalf.
(12) In this section
“British fishing boat” means a fishing boat which is registered in
the United Kingdom
or is British-owned, and “foreign fishing boat” means a fishing
boat which is not so registered or owned.]
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ISLE OF MAN AND CHANNEL
ISLANDS
24.-(1) Her Majesty may by Order in Council
direct that, subject to such exceptions, adaptations and modifications, if any,
as may be specified in the Order, the following provisions of this Act, that is
to say –
(a) sections 1, 3, 4, 5, 9(1), (2) and
(3) and 14;
(b) section 11, so far as it relates to
offences under section 1, 3, 4 or 5; and
(c) sections 15 and 16, so far as they
relate to the enforcement of section 1, 3, 4 or 5 or of orders made thereunder;
shall apply in relation to British fishing boats registered in the Isle of Man or any of the Channel
Islands as those provisions apply in relation to British fishing
boats registered in the United
Kingdom.
(2) Her Majesty
may by Order in Council direct that, subject as aforesaid, the following
provisions of this Act, that is to say, –
(a) the provisions mentioned in
subsection (1) above, and
(b) section 2, sections 11(1) and 13,
so far as they relate to an offence under section 2, and section 16, so far as
it relates to the enforcement of section 2, and
(c) section 9(4), (5), (6) and (7),
shall extend to the Isle of Man or
any of the Channel Islands.
(3) An Order in
Council under subsection (1) or (2) of this section may be varied or revoked by
a subsequent Order thereunder.
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CITATION AND COMMENCEMENT
26. This Act
may be cited as the Sea Fish (Conservation) Act 1967 and shall come into
force at the expiration of a period of one month beginning with the date on
which it is passed.
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