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An Act to make further provision with respect to the subsidies payable to, and the levies which may be imposed on, the white fish and herring industries, to make further provision for the regulation of sea fishing, to amend the Sea Fisheries (Shell fish) Act 1967 and the Sea Fish (Conservation) Act 1967, to make provision with respect to fishing boats and gear lost or abandoned at sea, to remove anomalies in certain enactments relating to sea fisheries and the white fish and herring industries and to repeal other such enactments which are obsolete or unnecessary; and for connected purposes.
[18th December 1968]
C1Act extended by S.I. 1988/1926, reg. 32
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
F1Ss. 1–4 repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I
(1)The Ministers may, [F1whenever it appears to them necessary or expedient], by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
(2)The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
(a)to all [F2relevant]British fishing boats, and things done by such boats and their crews, [F3wherever they may be], and
[ F4(b)to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits]
(3)The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter [F5relevant][F6British fishery limits] for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
(4)Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction [F7to [F8the statutory amount]][F9or on conviction on indictment to a fine].
(5)The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
[F10(6)This section has effect in relation to Scotland with the following modifications–
(a)in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
(b)in subsection (2)(b)–
(i)for “Scottish” there is substituted “relevant British”; and
(ii)for “relevant British fishery limits” there is substituted “the Scottish zone”; and
(c)in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.]
F1Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1)
F2Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3
F3Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2)
F4S. 5(2)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(ii); S.I. 1998/3178, art. 3
F5Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3
F6Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)
F7Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1)
F8Words in s. 5(4) substituted (E.W.) (1.10.1992)
by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4, Pt. III; S.I. 1992/333, art. 2(2), Sch. 2
F9Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2)
F10S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3
C1Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1
C2S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.
(1)The Ministers may, [F1whenever it appears to them necessary or expedient], by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
(2)The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
(a)to all [F2relevant] British fishing boats, and things done by such boats and their crews, [F3wherever they may be], and
[ F4(b)to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits]
(3)The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter [F5relevant][F6British fishery limits] for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
(4)Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction [F7to a fine not exceeding £1,000][F8or on conviction on indictment to a fine].
(5)The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
[F9(6)This section has effect in relation to Scotland with the following modifications–
(a)in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
(b)in subsection (2)(b)–
(i)for “Scottish” there is substituted “relevant British”; and
(ii)for “relevant British fishery limits” there is substituted “the Scottish zone”; and
(c)in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.]
F1Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1)
F2Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3
F3Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2)
F4S. 5(1)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(ii); S.I. 1998/3178, art. 3
F5Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3
F6Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)
F7Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1)
F8Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2)
F9S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3
C1Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1
C2S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3
E1This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
(1)The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—
(a)officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;
(b)commissioned officers of any of Her Majesty’s ships;
(c)persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
(d)officers of the fishery protection service of the Secretary of State [F1or of the Scottish Ministers] holding the rank of commander, first officer or second officer;
(e),(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(g)other persons appointed as British sea-fishery officers by one of the appropriate Ministers.
(2)The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.
(3)An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—
(a)to particular matters;
(b)to a particular area;
(c)to a particular order or class of orders.
(4)In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.
(5)In this section “the appropriate Minister” means—
(a)in relation to England and Wales, the Minister of Agriculture, Fisheries and Food;
(b)in relation to Scotland, the [F3Scottish Ministers]; and
(c)in relation to Northern Ireland, the [F4Department] of Agriculture for Northern Ireland.
F1Words in s. 7(1)(d) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(a); S.I. 1998/3178, art. 3
F2S. 7(1)(e)(f) repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II
F3Words in s. 7(5)(b) inserted (1.7.1999) by S.I.1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(b); S.I. 1998/3178, art. 3
F4Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)
C1Functions exercisable jointly by Ministers under s. 7 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1
C2Certain functions of Minister of Agriculture, Fisheries and Food under s. 7 now exercisable (W.) by Secretary of State, or by Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1
(1)For the purpose of enforcing the provisions of any order under section 5 above or of [F1section 2 of the M1Fishery Limits Act 1976] or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within [F2British fishery limits] and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.
(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 subsection (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; and
[F3(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 any of the provisions mentioned in subsection (1) above, 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;
(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 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.]
[F4(4)Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 2 of the Fishery Limits Act 1976 or any order thereunder 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.]
(5)If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within [F2British fishery limits], he may require the boat to move away or to move in a direction or to a position specified by him.
(6)For the purpose of enforcing the collision regulations made under section [F5 85 of the Merchant Shipping Act 1995], so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within [F2British fishery limits] and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section [F5257 of the Merchant Shipping Act 1995 (powers to require production of ships documents)], whether or not he is mentioned in that [F5section], and also the powers conferred by the foregoing provisions of this section, and section [F5 257] of that Act so far as it relates to the former powers shall apply accordingly.
F1Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(d)
F2Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)
F3S. 8(3)(b)–(d) and following paragraph substituted for S. 8(3)(b) by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(2)
F4S. 8(4) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(3)
F5Words in s. 8(6) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(a) (with s. 312(1))
C1S. 8 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1
S. 8 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch. 1
S. 8 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))
S. 8 applied (1.1.1996) by 1868 c. 45, s. 26 (as substituted by 1995 c. 21 ss. 314(2), 316(2), Sch. 13 para. 2) (with s. 312(1))
C2S. 8 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(c)
M11976 c. 86.
(1)For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside [F1British fishery limits] the powers conferred by section 8(2) and (3) above.
(2)Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.
F1Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)
C1Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1
S. 9 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1
S. 9 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))
[F1(1)A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.]
(2)Any person who on any fishing boat within [F2British fishery limits], or on a British fishing boat anywhere outside those limits,—
(a)fails [F3without reasonable excuse] to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;
(b)prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or
(c)assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or [F4wilfully obstructs] any such officer in the exercise of any of those powers;
shall be guilty of an offence.
[F5(2A)Any person who on any vessel within British fishery limits—
(a)fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;
(b)prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or
(c)assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;
shall be guilty of an offence.]
Sea Fisheries Act 1968