Sea Fish (Conservation) (Channel Islands) Order 1981
Jersey Order in Council 12/1981
SEA FISH (CONSERVATION) (CHANNEL
ISLANDS) ORDER 1981.
____________
(Registered on the 15th day of January, 1982).
____________
At the Court at Buckingham Palace.
____________
13th May, 1981.
____________
PRESENT
The Queen’s Most
Excellent Majesty in Council.
____________
HER MAJESTY, in exercise of the powers
conferred upon Her by section 24(2) of the Sea Fish (Conservation)
Act 1967, 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) Order 1981
and shall come into operation on 1st
June, 1981.
2. In
this Order the expression “the Channel Islands”
means “Jersey” and “Guernsey” and the words “Jersey”
and “Guernsey” mean the Bailiwick
of Jersey and Guernsey respectively.
3. The
following provisions of the Sea Fish (Conservation) Act 1967 shall extend to the
Channel Islands subject to the exceptions, adaptations and modifications
specified in the Schedule to this Order:
-
(a) section
1 (as amended by section 16 of the Sea Fisheries Act 1968
and section 9 of and Schedule 2 to the Fishery Limits Act 1976)(size
limits, etc., for fish);
(b) section
3 (as amended by section 9 of and Schedule 2 to the Fishery Limits Act 1976)
(regulation of nets and other fishing gear);
(c) section
4 (as substituted by section 3 of the Fishery Limits Act 1976)
(licensing of fishing boats);
(d) section
5 (as amended by section 9 of and Schedule 2 to the Fishery Limits Act 1976)
(power to restrict fishing for sea fish);
(e) certain
ancillary provisions, namely: -
(i) section
9 (exemptions for operations for scientific and other purposes);
(ii) section 11
(as amended by sections 5 and 9 of and Schedules 1 and 2 to the Fishery Limits Act 1976)
(penalties for offences);
(iii) section 14
(jurisdiction of court to try offences);
(iv) section 15 (as
amended by section 22 of and Schedule 1 to the Sea Fisheries Act 1968 and section 9 of and Schedule 2 to the Fishery Limits Act 1976)
(powers of British sea-fishery officers for enforcement of Act).
4.-(1) In the aforesaid Act as extended to the
Channel Islands, the following expressions have the meanings hereafter assigned
to them except as specifically provided or where the context otherwise
requires: -
“British fishing boat” and “foreign fishing
boat” have the meanings assigned respectively to them by section 19 of
the Sea Fisheries
Act 1968;
“British-owned”, in relation to a fishing boat means
owned by a person who is (within the meaning of the Merchant Shipping Act
1894) a person qualified to own a British ship or owned by two or
more persons any one of whom is (within the meaning of that Act) a person so
qualified;
“British sea-fishery officer” means any person who by
virtue of section 7 of the Sea Fisheries Act 1968
is a British sea-fishery officer;
“fishing boat” means a vessel of whatever size, and in
whatever way propelled which is for the time being employed in sea fishing;
“master” includes, in relation to any vessel, the
person for the time being in command or charge of the vessel;
“migratory trout” means trout which migrate to or from
the sea;
“the Ministers” means 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;
“salmon” includes any fish of the salmon species;
“sea fish” means fish, whether fresh or cured, of any
kind found in the sea, including shellfish, and any parts of any such fish but
does not include salmon or migratory trout;
“shellfish” includes crustaceans and molluscs of any kind and any spat or spawn of shellfish;
“vessel” includes any ship or boat or any other
description of vessel used in navigation.
(2) References to
the Sea Fisheries
Act 1968 are to
that Act as extended to Guernsey or Jersey, as the case may be.
N.E. LEIGH
Clerk of the Privy Council.
SCHEDULE
Exceptions, adaptations and modifications in the extension of
sections 1, 3, 4 and 5 and ancillary provisions to the Channel
Islands and waters adjacent thereto
PART I
GUERNSEY
* * * * * * * * * * * *
PART II
JERSEY
1. Unless
the context otherwise requires, any reference to the Sea Fish (Conservation)
Act 1967 or to any other enactment shall be construed as a
reference to that Act or that enactment, as the case may be as it has effect in
Jersey.
2. Unless
the context otherwise requires any reference in the Sea Fish (Conservation)
Act 1967 to British fishery limits adjacent to Jersey shall be
construed as a reference to that part of those limits not exceeding 12
international nautical miles or 1,852 metres from the
baselines from which the breadth of the territorial sea adjacent to Jersey is
measured, but excluding territorial waters.
3. Section
1(1) and (2) shall be omitted.
4. Section
1(3) shall extend as modified below:
-
“(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 under section 1(1) of the Sea Fish (Conservation)
Act 1967 as it applies in Great Britain, whether made before or
after the coming into operation of the Sea Fish (Conservation) (Channel
Islands) Order 1981, shall not be carried whether within or outside the British
fishery limits on a British fishing boat registered in Jersey nor, in the case
of a British fishing boat not so registered, in British fishery limits adjacent
to Jersey.”
5. Section
1(4) shall extend as modified below:
-
“(4) Where
an order referred to in subsection (3) above, prohibits the carrying by any
foreign fishing boat of sea fish of a description prescribed by the order which
are of less than the minimum size so prescribed in relation to sea fish of that
description, such sea fish shall not be carried by such a foreign fishing boat
within British fishery limits adjacent to Jersey.”
6. Section
1(5) shall extend as modified below:
-
“(5) The
Ministers may by order confer exemptions from any prohibition imposed by this
section and any such prohibition may be general or subject to conditions and
may relate to all fish to which such prohibition applies or to fish of any
specified description.”
7. For
section 1(6) there shall be substituted the following subsections: -
“(6) If
subsection (3) or subsection (4) above is contravened, the master, the owner
and the charterer (if any) of the British fishing boat or the foreign fishing
boat, as the case may be, shall each be guilty of an offence.
(7) The
prohibitions contained in subsections (3) and (4) above shall not have effect
until the order referred to in subsection (3) has been registered in the Royal
Court of Jersey.”
8. In
section 3(1) –
(a) after
the words “securing that” there shall be inserted the words
“(except in territorial waters adjacent to Jersey)”;
(b) for
the words “the United
Kingdom” there shall be substituted
the word “Jersey”.
9. Section
3(2) shall extend as modified below –
“(2) An
order under this section may be made so as to extend to nets or other fishing
gear carried within British fishery limits adjacent to Jersey
by fishing boats registered outside Jersey or
not registered in any country.”
10. In
section 3(6) the reference to any Act shall include reference to any Law of the
States of Jersey.
11. For
section 3(7) there shall be substituted the following subsection: -
“(7) Any
order made under this section shall not have effect until registered in the
Royal Court of Jersey.”
12. Section
4(1) shall extend as modified below:
-
“(1) The
Ministers may by order provide –
(a) that in any
specified area within British fishery limits adjacent to Jersey fishing by
fishing boats (whether British or foreign) is prohibited unless authorised by a licence granted
by the Agriculture and Fisheries Committee[1]
(hereinafter called “the Committee”) and for the time being in
force;
(b) that in any
area specified in the order (being outside the waters referred to in paragraph (a)
above) fishing by British fishing boats registered in Jersey
is prohibited unless so authorised.”
13. For
section 4(4) there shall be substituted the following subsections: -
“(4) The
Committee may by order prescribe charges for the granting of a licence by the Committee under this section and may
prescribe different charges in relation to different classes of licence, but such charges shall not exceed such maximum
charges as may from time to time be specified in an order made under this
section as it has effect in the United Kingdom.
(4A) The Subordinate Legislation
(Jersey) Law, 1960, as amended, shall apply to orders made by the
Committee under subsection (4) above.”
14. In
section 4(6) for the words “Minister granting the licence”
there shall be substituted the word “Committee”.
15. In
section 4(7) for the words “Minister granting a licence
under this section” there shall be substituted the word
“Committee”.
16. Section
4(8) shall extend as modified below:
-
“(8) The
licensing powers conferred on the Committee under this section may be
exercised, in consultation with the Ministers, 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 Minister and the Committee to be necessary or expedient for the
regulation of sea fishing.”
17. In
section 4(9) for the words “Minister who granted the licence”
there shall be substituted the word “Committee”.
18. In
section 4(10) for the words “Minister who granted it” there shall
be substituted the word “Committee”.
19. Section
4(11) shall be omitted.
20. In
section 4(12) after the words “United Kingdom” there shall
be inserted the words “Jersey or Guernsey”.
21. After
section 4(12) there shall be inserted the following sub-sections: -
“(13) ‘sea fish’
in this section means fish, whether fresh or cured, of any kind found in the
sea, including shellfish, and any parts of such fish.
(14) Any
order of the Ministers made under this section shall not have effect until
registered in the Royal Court of Jersey.”
22. For
section 5(2)(b) there shall be substituted the following provision: -
“(b) on fishing
for any other sea fish in British fishery limits adjacent to Jersey,”.
23. In
section 5(8) –
(i) for
the words “the United
Kingdom” in the first place where they
occur there shall be substituted the words “Jersey”;
and
(ii) for the words
“in any waters adjacent to the United Kingdom which are within
British fishery limits” there shall be substituted the words “in
British fishery limits adjacent to Jersey”.
24. After
section 5(8) there shall be inserted the following subsections: -
“(9) In
this section ‘sea fish’ means fish, whether fresh or cured, of any
kind found in the sea, including shellfish or any parts of such fish.
(10) Any
order made under this section shall not have effect until registered in the
Royal Court of Jersey.”
25. Section
9(1) shall be omitted.
26. In
section 9(2), (3) and (4) (exemption for operations for scientific or other
purpose) for the words “one of the Ministers” there shall be substituted
the words “the Agriculture and Fisheries Committee”.
27. In
section 9(5) for the words “sections 4, 5, 6 and 8” there shall be
substituted the words “sections 4 and 5” and the words “or
landing” shall be omitted.
28. In
section 9(6) the reference to subsection (1) shall be omitted.
29. Section
11 (penalties for offences) shall extend as modified below: -
“11. – (1) Any
person guilty of an offence under section 1, 3, 4 or 5 of this Act shall be
liable to a fine.
(2) A
court by which a person is convicted of an offence under section 1(3), 4 or
5(1) or (6) may order the forfeiture of any fish in respect of which the
offence was committed.
(3) The
court by which a person is convicted of an offence under section 3, 4 or 5 of
this Act may order the forfeiture of the net or other fishing gear in respect
of which the contravention constituting the offence occurred.
(4) In
the case of an offence under section 4(3) or (6) the court may order that the
owner or the charterer (if any) of the fishing boat used to commit the offence,
or as the case may be, of the boat named in the licence
of which the condition is broken, be disqualified for a specified period from
holding a licence under that section in respect of
that boat.”
30. In
section 15(2) paragraph (d) shall be omitted.
31. In
section 15(3) –
(a) for
the words “the United
Kingdom” in both places where they
occur there shall be substituted the word “Jersey”;
(b) after
the words “British fishery limits” there shall be inserted the
words “(including territorial waters)”;
(c) for
the words “sections 1 to 7” there shall be substituted the words
“sections 1, 3, 4 or 5”.
SEA FISH (CONSERVATION) ACT 1967
CHAPTER 84
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ARRANGEMENT OF SECTIONS
|
|
Restrictions on commercial use of
under-sized, etc., sea fish
|
|
Section.
|
|
1.
|
Size
limits, etc. for fish.
|
|
* *
* * * * * * * * *
|
|
Regulation of fishing for sea fish
|
|
3.
|
Regulation
of nets and other fishing gear.
|
|
4.
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Licensing
of British fishing boats.
|
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5.
|
Power
to restrict fishing for sea fish.
|
|
* *
* * * * * * * * *
|
|
Exemption for certain operations
|
|
9.
|
Exemption
for operations for scientific and other purposes.
|
|
* *
* * * * * * * * *
|
|
Penalties for, and other provisions
as to, offences
|
|
11.
|
Penalties
for offences.
|
|
* *
* * * * * * * * *
|
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14.
|
Jurisdiction
of court to try offences.
|
|
Enforcement of orders, etc
|
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15.
|
Powers
of British sea-fishery officers for enforcement of Act.
|
|
* *
* * * * * * * * *
|
ELIZABETH II
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 Lords Spiritual
and Temporal and Commons, in this present Parliament assembled, and by the
authority of the same, as follows: -
Restrictions on commercial use of under-sized, etc., sea fish
SIZE LIMITS, ETC. FOR FISH
1.- *
* * * * * * * * *
[(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 under section 1(1) of the Sea Fish (Conservation)
Act 1967 as it applies in Great Britain, whether made before or
after the coming into operation of the Sea Fish (Conservation) (Channel
Islands) Order 1981, shall not be carried whether within or outside British
fishery limits on a British fishing boat registered in Jersey nor, in the case
of a British fishing boat not so registered, in British fishery limits adjacent
to Jersey.]
[(4) Where an order referred to in subsection
(3)above, prohibits the carrying by any foreign fishing boat of sea fish of a
description prescribed by the order which are of less than the minimum size so
prescribed in relation to sea fish of that description, such sea fish shall not
be carried by such a foreign fishing boat within British fishery limits adjacent
to Jersey.]
[(5) The Ministers may by order confer
exemptions from any prohibition imposed by this section and any such
prohibition may be general or subject to conditions and may relate to all fish
to which such prohibition applies or to fish of any specified description.]
[(6) If subsection (3) or subsection (4) above
is contravened, the master, the owner and the charterer (if any) of the British
fishing boat or the foreign fishing boat, as the case may be, shall each be
guilty of an offence.
[(7) The prohibitions contained in subsections
(3) and (4) above shall not have effect until the order referred to in
subsection (3) has been registered in the Royal Court of Jersey.]
* * * * * * * * * * * *
Regulation of fishing for sea fish
REGULATION OF NETS AND OTHER FISHING GEAR
3.-(1) The Ministers may make an order for
securing that [(except in territorial
waters adjacent to Jersey)] the nets
and other fishing gear carried in any British fishing boat registered in [Jersey] 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 within British fishery
limits adjacent to Jersey by fishing boats
registered outside Jersey 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) Any order made under this section shall
not have effect until registered in the Royal Court of Jersey.]
Licensing of British fishing boats
4.-(1) The Ministers may by order provide
–
(a) that
in any specified area within British fishery limits adjacent to Jersey fishing
by fishing boats (whether British or foreign) is prohibited unless authorised by a licence granted
by the Agriculture and Fisheries Committee (hereinafter called “the
Committee”) and for the time being in force;
(b) that
in any area specified in the order (being outside the waters referred to in
paragraph (a) above) fishing by British fishing boats registered in Jersey 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) The Committee may by order prescribe
charges for the granting of a licence by the
Committee under this section and may prescribe different charges in relation to
different classes of licence, but such charges shall
not exceed such maximum charges as may from time to time be specified in an
order made under this section as it has effect in the United Kingdom.
(4A) The Subordinate Legislation
(Jersey) Law, 1960, as amended,
shall apply to orders made by the Committee under subsection (4) above.]
(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 [Committee] 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 [Committee] 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 on the
Committee under this section may be exercised, in consultation with the
Ministers, 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 Minister and the
Committee to be 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 [Committee] to be
necessary or expedient for the regulation of sea fishing.
(10) If a licence
is varied, revoked or suspended the [Committee] 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.
* * * * * * * * * * * *
(12) In this section
“British fishing boat” means a fishing boat which is registered in
the United Kingdom, [Jersey or
Guernsey] or is British-owned, and
“foreign fishing boat” means a fishing boat which is not so
registered or owned.
[(13) “Sea fish”
in this section means fish, whether fresh or cured, of any kind found in the
sea, including shellfish, and any parts of such fish.
(14) Any order of the
Ministers made under this section shall not have effect until registered in the
Royal Court of Jersey.]
Power to restrict fishing for sea fish
5.-(1) Subject to the provisions of this
section, where it appears to the Ministers necessary or expedient to do so for
the purpose of giving effect to any convention or agreement for the time being
in force between Her Majesty’s Government in the United Kingdom and the
government of any other country, they may by order prohibit, for any period and
in an area specified in the order –
(a) all
fishing for sea fish, or
(b) the
fishing for any description of sea fish specified in the order, or
(c) the
fishing for sea fish, or for any description of sea fish specified in the
order, by any method so specified
by any fishing boat to which the prohibition applies; and 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) shall each
be guilty of an offence under this subsection.
(2) The power
conferred by subsection (1) above shall, in relation to the imposition of any
prohibition –
(a) on
fishing for salmon or migratory trout, whether within or outside British
fishery limits, or
[(b) on fishing for any other sea fish in
British fishery limits adjacent to Jersey,]
be exercisable wherever it appears to the Ministers to be necessary
or expedient to exercise that power, whether for the purpose of giving effect
to such a convention or agreement as is therein mentioned or not.
(3) Where an order
under this section is not made for the sole purpose of giving effect to such a
convention or agreement as is mentioned in subsection (1) above, the order
shall contain a statement to that effect.
(4) Any order
under this section, except an order which –
(a) has
effect in relation to salmon or migratory trout (whether it has effect in
relation to any other description of fish or not), and
(b) is
not made for the sole purpose of giving effect to such a convention or
agreement as is mentioned in subsection (1) above,
may be made so as to continue in force either for a period
specified in the order or without limitation of time.
(5) Any
prohibition imposed by an order under this section may be made so as to have
effect either at all times while the order is in force or at such times as
(whether by reference to particular months, weeks, days or hours, or to any
combination thereof) are specified in the order.
(6) Where an order
under this section is made in respect of a description of sea fish specified in
the order, and, in the course of any fishing operations conducted in an area so
specified and at a time when a prohibition imposed by the order in relation to sea
fish of that description has effect in that area, any sea fish of that
description (or, if the prohibition applies only to fishing for sea fish of
that description by a method specified in the order, any sea fish of that
description caught by that method) are taken on board a fishing boat to which
the obligation imposed by this subsection applies, those sea fish shall,
subject to section 9 of this Act, be returned to the sea forthwith.
(7) Where
subsection (6) 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.
(8) Subject to
section 9 of this Act, any prohibition imposed by an order under this section,
and the obligation imposed by subsection (6) above, shall apply to all British
fishing boats registered in [Jersey] and, [in British fishery limits adjacent to Jersey] also to all other fishing boats; and any prohibition imposed by
such an order, in so far as it relates to fishing for salmon or migratory
trout, shall apply also to any fishing boats which are British-owned but not
registered under the Merchant Shipping Act 1894.
* * * * * * * * * * * *
Exemption for certain operations
EXEMPTION FOR OPERATIONS FOR SCIENTIFIC AND OTHER PURPOSES
9. *
* * * * * * * * *
(2) Nothing in
section 1(3) of this Act or in any order made under section 3 thereof shall
apply in relation to fishing operations which, under the authority of [the Agriculture and Fisheries Committee] are conducted for the purpose of
scientific investigation or for the purpose of transplanting fish from one
fishing ground to another.
(3) Neither a
prohibition imposed by an order under section 5 of this Act, nor the obligation
imposed by subsection (6) of that section, shall apply in relation to fishing
operations conducted under the authority of [the
Agriculture and Fisheries Committee]
for either of the purposes mentioned in subsection (2) above.
(4) No enactment
to which this subsection applies, and no order or byelaw made (whether before
or after the passing of this Act) under any such enactment, shall restrict the
carrying on of any operations which, under the authority of [the Agriculture and Fisheries Committee] are conducted for the purpose of
scientific investigation, or for the purpose of transplanting sea fish from one
fishing ground to another, or shall restrict the landing of sea fish caught in
the course of any such operations.
(5) Subsection (4)
above applies to [sections 4 and 5] of this Act and to any other enactment
which provides for regulating the catching * * * * of sea fish.
(6) Subsection (4)
above shall effect in addition to, and not in derogation of, subsections * (2)
and (3) above and any express saving or exemption contained in such other
enactment as is referred to in subsection (5) above or in any order or byelaw
made under an enactment to which the said subsection (4) applies.
(7) In this
section “sea fish” includes salmon and migratory trout.
* * * * * * * * * * * *
Penalties for, and other provisions as to, offences
PENALTIES FOR OFFENCES
[11.-(1) Any person guilty of an offence under
section 1, 3, 4 or 5 of this Act shall be liable to a fine.
(2) A court by
which a person is convicted of an offence under section 1(3), 4 or 5(1) or (6)
may order the forfeiture of any fish in respect of which the offence was
committed.
(3) The court by
which a person is convicted of an offence under section 3, 4 or 5 of this Act
may order the forfeiture of the net or other fishing gear in respect of which
the contravention constituting the offence occurred.
(4) In the case of
an offence under section 4(3) or (6) the court may order that the owner or the
charterer (if any) of the fishing boat used to commit the offence, or as the
case may be, of the boat named in the licence of
which the condition is broken, be disqualified for a specified period from
holding a licence under that section in respect of
that boat.]
(5) Subject to
subsection (4) above, any fine to which a person is liable under subsection (3)
above in respect of an offence shall be in addition to any other penalty
(whether pecuniary or otherwise) to which he is liable in respect of that
offence under this section or under any other enactment.
* * * * * * * * * * * *
JURISDICTION OF COURT TO TRY OFFENCES
14. Section
684 of the Merchant
Shipping Act 1894 (which relates to the jurisdiction of courts)
shall apply for the purposes of sections 3, 4 and 5 of this Act as it applies
for the purposes of that Act.
Enforcement of orders, etc
POWERS OF BRITISH SEA-FISHERY OFFICERS FOR ENFORCEMENT OF ACT
15.-(1) Every British sea-fishery officer shall
have the powers conferred by the following provisions of this section.
(2) Any such
officer may seize –
(a) any
net or other fishing gear in respect of which a contravention of an order under
section 3 of this Act has been, or is being, committed;
(b) any
fish caught by the use of a fishing boat contravening section 4(1) of this Act,
or caught in contravention of a prohibition imposed by an order under section 5
thereof, where the fish are on the fishing boat or, as the case may be, on the
fishing boat used in contravention of such a prohibition or are in the
ownership or custody, or under the control, of the owner or master or the
charterer (if any) of the fishing boat;
(c) any
net or other fishing gear used in contravening the said section 4(1) or used in
contravention of a prohibition imposed by an order under the said section 5;
* * * * * * * * * * *
(3) Any such
officer may exercise in relation to any fishing boat in any waters adjacent to [Jersey] and within British fishery limits [(including territorial waters)]
and in relation to any British fishing boat registered in [Jersey] and any British
owned fishing boat (not so registered) anywhere outside those limits, such of the
powers of a British sea-fishery officer under section 8(2) to (4) of the Sea Fisheries Act 1968 as may be conferred on him by order of the
Ministers, being powers which the Ministers consider necessary for the
enforcement of any of the provisions of sections [sections 1, 3, 4 or 5]
of this Act or any order made under any of those sections.
(4) An order under
this section may make different provision for different cases.
(5) Section 10 of
the Sea Fisheries
Act 1968 shall
apply in relation to the provisions of an order under this section and the
powers thereby conferred as they apply in relation to section 8 of that Act and
the powers thereby conferred; and, in relation to an offence under the said
section 10 as it applies by virtue of this subsection, sections 12 to 14 of
that Act shall apply accordingly.