Statutory Instrument 1998 No. 1195
The Cod (Specified Sea Areas) (Prohibition of Fishing)
Order 1998
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STATUTORY INSTRUMENTS
1998 No. 1195
SEA FISHERIES
CONSERVATION OF SEA FISH
The Cod (Specified Sea Areas) (Prohibition of Fishing)
Order 1998
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Made |
8th May 1998 |
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Laid before Parliament |
11th May 1998 |
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Coming into force |
12th May 1998 |
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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[1], 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 Cod (Specified Sea
Areas) (Prohibition of Fishing) Order 1998 and shall come into force on
12th May 1998.
(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[2]
as amended[3]; "sea area" means a statistical division
or sub-area of the International Council for the Exploration of the Sea[4]
specified in the Schedule hereto.
Prohibition and Exception
2. - (1) Subject to paragraph (2) below, fishing -
(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[5]
for cod (Gadus morhua) in sea areas ICES Statistical Divisions
VIIb, c, d, e, f, g, h, j and k is prohibited during the period beginning
with the date of coming into force of this Order and ending immediately
before 1st January 1999.
(2) The prohibition in paragraph (1) above shall
not apply to any boat whose length exceeds 10 metres, except in the case
of any boat when used for the purpose of conveying persons wishing to fish
for pleasure.
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 water 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[6] 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 -
and where such an officer detains or requires the detention of a boat
he shall serve on the master 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.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and
Food
6th May 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
8th May 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th May 1998
Dubs
Parliamentary Under Secretary of State for Northern Ireland
7th May 1998
SCHEDULE
Article 1(2)
SEA AREAS IN RESPECT OF WHICH PROHIBITION OF FISHING APPLIES
ICES Statistical Division VIIb (West of Ireland)
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 12°00' west longitude; thence due south to 52°30' north latitude;
thence due east to the coast of the Republic of Ireland; thence in a northerly
direction along the west coast of the Republic of Ireland to the point
of beginning.
ICES Statistical Division VIIc (Porcupine Bank)
The waters bounded by a line running from a point 54°30' north
latitude and 12°00' west longitude; thence due west to 18°00' west
longitude; thence due south to 52°30' north latitude; thence due east
to 12°00' west longitude; thence in a northerly direction to the point
of beginning.
ICES Statistical Division VIId (Eastern English Channel)
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 Statistical Division VIIe (Western English Channel)
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 diection to
the point of beginning.
ICES Statistical Division VIIf (Bristol Channel)
The water 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 Statistical Division VIIg (South-east of Ireland)
The waters bounded by a line beginning at a point on the west coast
of Wales at latitude 52°00' north latitude; thence due west to the
south coast of the Republic of Ireland; thence in a south-westerly direction
along the coast of the Republic of Ireland to a point in 9°00' west
longitude; thence due south to 50°00' north latitude; thence due east
to 7°00' west longitude; thence due north to 50°30' north latitude;
thence due east to 6°00' west longitude; thence due north to 51°00'
north latitude; thence due east to 5°00' west longitude; thence due
north to the south coast of Wales; thence in a north-westerly direction
along the coast of Wales to the point of beginning.
ICES Statistical Division VIIh (Little Sole Bank)
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.
ICES Statistical Division VIIj (Great Sole Bank)
The waters bounded by a line beginning at a point 52°30' north
latitude on the west coast of the Republic of Ireland; thence due west
to 12°00' west longitude; thence due south to 48°00' north latitude;
thence due east to 9°00' west longitude; thence due north to the south
coast of the Republic of Ireland; thence in a westerly and northerly direction
along the coast of the Republic of Ireland to the point of beginning.
ICES Statistical Division VIIk (West of Great Sole Bank)
The water bounded by a line beginning at a point in 52°30' north
latitude and 12°00' west longitude; thence due west to 18°00' west
longitude; thence due south to 48°00' north latitude; thence due east
to 12°00' west longitude; thence due north to the point of beginning.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order prohibits fishing for cod in sea areas ICES Statistical
Divisions VIIb, c, d, e, f, g, h, j and k by any British fishing boat which
does not exceed 10 metres in length or which is used wholly for the purpose
of conveying persons wishing to fish for pleasure (article 2).
The prohibitions of fishing set out above shall apply -
(a) within any part of a sea area specified in the Schedule to the
Order if the boat is registered in the United Kingdom, or
(b) within any part of such a sea area which lies within British
fishery limits if the boat is registered in the Isle of Man or any of the
Channel Islands or, not being registered, is British-owned,
during the period beginning with the date of coming into force of the
Order and ending immediately before 1st January 1999 (article 2).
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, fish caught in contravention of this Order are taken aboard
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).
Notes:
[1] 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).back
[2] OJ No. L274, 25.9.86, p.1.back
[3] There are no amendments relevant to this definition.back
[4] Cmnd. 2586.back
[5] See section 1(1) of the Fishery Limits Act 1976 (c. 86).back
[6] 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.back
ISBN 0 11 079127 4
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