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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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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]
C1Act extended by S.I. 1972/971, art. 4, Sch. 1 Pt. A
C2By Criminal Justice Act 1991 (c.53, SIF 39:1), S. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act: certain provisions extended (with modifications) to Jersey and Guernsey by S.I. 1981/737, arts. 3, 4, Sch. (as amended by S.I. 1989/2411, art. 2, Sch.; S.I. 2001/959, art. 2, Sch.)
I1Act not in force at Royal Assent; Act wholly in force at 27. 11. 1967 see s. 26.
(1)Subject to the provisions of this section and of section 9(1) of this Act, no person shall land in [F2England and Wales] any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description by an order of the Ministers.
(2)Subject to the provisions of this section, no person shall, in [F2England and Wales] , sell, expose or offer for sale or have in his possession for the purpose of sale, any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description by an order of the Ministers.
(3)Sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description by an order of the Ministers shall not be carried, whether within or outside [F3relevant]British fishery limits, on a [F3relevant]British fishing boat; and an order under this subsection may prohibit the carrying by any [F4Scottish or] foreign fishing boat in waters adjacent to the United Kingdom and within [F3relevant] British fishery limits of sea fish of any description prescribed by the order which are of less than the minimum size so prescribed in relation to sea fish of that description.
(4)Different sizes may be prescribed for the purposes of each of the foregoing provisions of this section; and an order under subsection (1) above may prescribe different sizes in relation to different areas and in relation to fish of different sexes.
(5)Where an order under subsection (1) above prescribes a size for fish of any description (or of any description and sex), whether generally or in relation to any particular area, then, except so far as provision to the contrary is made by such an order, a person who in [F2England and Wales]or, as the case may be, in that area lands a part of a fish of that description (or of that description and sex) shall, subject to section 9(1) of this Act, be deemed to contravene subsection (1) above if the part is of a smaller size than the one so prescribed.
(6)An order under this section may confer exemptions from any prohibition imposed by or by virtue of this section; and any such exemption may be general or subject to conditions and may relate to all fish to which the order applies or to fish of any specified description.
(7)Any person who contravenes subsection (1) or (2) above shall be guilty of an offence under that subsection.
(8)If subsection (3) above is contravened in the case of a [F3relevant]British fishing boat [F5or a Scottish fishing boat] the master, the owner and the charterer (if any) shall each be guilty of an offence under that subsection; and if a prohibition imposed by virtue of that subsection is contravened in the case of a foreign fishing boat, the master shall be guilty of an offence under that subsection.
[F6(9)In this section—
“ [F3relevant] British fishing boat” means a fishing boat [F7which is not a Scottish fishing boat and]which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act; and
“foreign fishing boat” means any fishing boat other than a [F3relevant]British fishing boat [F8or a Scottish fishing boat].]]
F1S. 1 substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 19(1)(3)
F2Words in s. 1(1)(2)(5) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para 43(2)(a); S.I. 1998/3178, art. 3
F3Words in s. 1(3)(8)(9) inserted (1.7.1999) by S.I. 1999/1820, art. 4. Sch. 2 Pt. I para. 43(2)(b); S.I. 1998/3178, art. 3
F4Words in s. 1(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(3)(a); S.I. 1998/3178, art. 3
F5Words in s. 1(8) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(3)(b); S.I. 1998/3178, art. 3
F6S. 1(9) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 38(a) (with s. 312(1))
F7S. 1(9): words in definition of “relevant British fishing boat” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(3)(c)(i); S.I. 1998/3178, art. 3
F8S. 1(9): words in definition of “foreign fishing boat” inserted (1.7.1999) by S.I 1999/1820, art. 4, Sch. 2 Pt. I para. 43(3)(c)(ii); S.I. 1998/3178, art. 3
C1S. 1(1) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 12
C2S. 1(2) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(5), Sch. 4 Pt. II para. 33
C3S. 1(3): Certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)
C4S. 1(3) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 12
(1)Subject to any exemption granted under this section, no person shall in [F1England and Wales] have in his possession any fish to which this section applies for the purpose of processing or otherwise using it in the course of any business.
(2)This section applies to any fish which under section [F21(2)] of this Act is prohibited from being sold in [F1England and Wales].
(3)Where it appears to an officer authorised in that behalf by the appropriate Minister that any fish which have been caught are fish to which this section applies, the officer may grant to any person such exemption from subsection (1) above as the officer considers requisite to enable the fish to be disposed of.
(4)Any person who contravenes this section shall be guilty of an offence under this section.
F1Words in s. 2(1)(2) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(2)(a); S.I. 1998/3178, art. 3
F2
“1(2)” substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 19(2)(a)
C1S. 2 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(5), Sch. 4 Pt. II para. 34
(1)The Ministers may make an order for securing that the nets and other fishing gear carried in any [F1 relevant]British fishing boat registered in the United Kingdom comply with such requirements as to construction, design, material, or size, including, in the case of nets, size of mesh, as may be prescribed by the order, and an order under this section, or any provisions of such an order, may be framed so as to apply only in relation to fishing for specified descriptions of sea fish, to specified methods of fishing or to fishing in specified areas or during specified periods.
(2)An order under this section may be made so as to extend to nets or other fishing gear carried in any waters adjacent to the United Kingdom and within [F1relevant][F2British fishery limits] by [F3Scottish fishing boats or] fishing boats registered in any country outside the United Kingdom or not registered in any country.
(3)An order under this section prescribing minimum sizes of mesh may also—
(a)prescribe the manner in which the sizes of mesh are to be measured and, in the case of any class of nets, prescribe different sizes for the nets when in different conditions;
(b)make provision for securing that the restrictions imposed by the order are not evaded by the use of any nets in such manner as practically to diminish their mesh, or by the covering of nets with canvas or any other material, or by the use of any other artifice;
(c)provide for exempting any nets from any such restrictions as aforesaid, either generally or in relation to particular fishing boats or classes of fishing boats, if and so long as such conditions as may be imposed by or under the order are complied with.
(4)Without prejudice to subsection (3) above, an order under this section may, in relation to any fishing gear,—
(a)restrict the manner in which it may be used;
(b)prescribe the manner in which its size is to be measured;
(c)make provision for securing that the restrictions imposed by the order are not evaded;
(d)make the like provision for exemption as is mentioned in relation to nets in subsection (3)(c) above.
(5)If any order under this section is contravened in the case of any fishing boat, the master, the owner and the charterer (if any) shall each be guilty of an offence under this section.
(6)Any restrictions imposed by an order under this section shall be in addition to, and not in substitution for, any restriction imposed by or under any other Act, and nothing in this section shall affect any power conferred by any Act to regulate sea fishing.
(7)Nothing in any [F4byelaw, rule, order or regulation made under section 4 of the M1Sea Fisheries (Scotland) Amendment Act 1885, section 6 of the M2Herring Fishery (Scotland) Act 1889 or section 8 of the M3Sea Fisheries Regulation (Scotland) Act 1895][F4order made under section 1 of the Inshore Fishing (Scotland) Act 1984], or in any byelaw made, or having effect as if made, under section 5 of the M4Sea Fisheries Regulation Act 1966, or in any regulation made, or deemed to be made, under the M5Fisheries Act (Northern Ireland) 1966, shall be taken to authorise the carrying of fishing nets in circumstances where the carrying of those nets would otherwise be unlawful by virtue of an order made under this section.
F1Words in s. 3(1)(2) inserted (1.7.1999) by S.I. 1999/1820 art. 4, Sch. 2 Pt. I para. 43(2)(b); S.I. 1998/3178, art. 3
F2Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(1)
F3Words in s. 3(2) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(4); S.I. 1998/3178, art. 3
F4Words beginning “order made” substituted (S.) for words beginning “byelaw, rule” by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 1
C1S. 3: Certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)(2)(b)
C2S. 3(5) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 13
P1S. 3: ss. 3 and 15(3) (with s. 22(2)(a)) power exercised by S.I. 1991/1380.
P2S. 3: for previous exercises of this power see Index to Government Orders.
M11885 c. 70.
M21889 c. 23.
M31895 c. 42.
M41966 c. 38.
M51966 (N.I.) c. 17.
(1)The Ministers may by order provide—
(a)that in any specified area within [F2relevant] British fishery limits fishing by fishing boats [F3(whether relevant British fishing boats, Scottish fishing boats or foreign fishing boats)] is prohibited unless authorised by a licence granted by one of the Ministers;
(b)that in any specified area outside those limits fishing by [F2relevant]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.
[F4(6A)The conditions subject to which a licence may be granted under this section may differ as between different vessels or between vessels of different descriptions.]
[F5(6B)A licence containing a condition restricting the time which a vessel may spend at sea may make provision as to the circumstances in which time is, or is not, to count as time spent at sea.
(6C)The Ministers shall by order make provision as to the principles on which the time which vessels may spend at sea is to be arrived at for the purposes of any condition included in a licence by virtue of subsection (6)(c) above.
(6D)Before considering what action to take under subsection (6C) above, the Ministers shall first give due consideration to a scheme of decommissioning in order to achieve a significant reduction in the capacity of the fishing fleet.]
(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 [F6without reasonable excuse] to comply with such a requirement is guilty of an offence under this subsection.
[F7(7A)Any person who—
(a)for the purpose of obtaining a licence under this section; or
(b)in purported compliance with subsection (7) above,
furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular shall be 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.
[F8(9A)Where an order under this section prohibits fishing in a specified area for a specified description of sea fish there shall be returned to the sea forthwith—
(a)any sea fish of that description taken on board a fishing boat in contravention of the order; and
(b)except so far as the order otherwise provides, any sea fish of that description taken on board a fishing boat in that area in the course of fishing for sea fish of a different description;
but, where the order applies only to fishing by a specified method or during a specified period or by boats of a specified description, paragraph (b) above applies only if the fish are caught by that method, during that period or by a boat of that description.
(9B)Where subsection (9A) above is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) shall each be guilty of an offence under that subsection.]
(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 [F2relevant]“British fishing boat” means a fishing boat [F9which is not a Scottish fishing boat and]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 [F10and which is not a Scottish fishing boat].]
F1S. 4 substituted by Fishery Limits Act 1976 (c. 86), s. 3
F2Words in s. 4(1)(12) inserted (1.7.1999) by S.I. 1999/1820 art. 4, Sch. 2 Pt. I para. 43(2)(b); S.I. 1998/3178, art. 3
F3Words in s. 4(1)(a) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para 43(5)(a); S.I. 1998/3178, art. 3
F4S. 4(6A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 20(1)
F5S. 4(6B)(6C)(6D) inserted (17.12.1992) by Sea Fish (Conservation) Act 1992 (c. 60), s. 1(3) (with s. 11(4)).
F6Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 20(2)
F7S. 4(7A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 20(3)
F8S. 4(9A)(9B) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 20(4)
F9Words in s. 4(12) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(5)(b)(i); S.I. 1998/3178, art. 3
F10Words in s. 4(12) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(5)(b)(ii); S.I. 1998/3178, art. 3
C1S. 4 extended by S.I. 1978/280, art. 2 and 1978/281, art. 4
C2S. 4: Certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)(2)(d)
C3S. 4(1): Certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)(2)(c)
C4S. 4(3) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 14
C5S. 4(4) modified (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 4(3)
C6S. 4(9A) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 14
P1S. 4: S. 4 (with ss. 15(3), 20(1) and 22(2)(a)) power exercised by S.I. 1991/2196
For previous exercises of power see Index to Government Orders.
Sea Fish (Conservation) Act 1967