Sea Fish (Conservation) (Channel Islands) (Amendment) Order 2001
Jersey Order in Council 13/2001
THE SEA FISH (CONSERVATION) (CHANNEL ISLANDS)
(AMENDMENT) ORDER 2001
____________
(Registered on the 6th day
of April 2001)
____________
At the Court at Buckingham Palace
____________
14th day of March 2001
____________
PRESENT
The Queen’s Most
Excellent Majesty in Council
____________
HER MAJESTY, in exercise of the powers conferred on Her by section 24(2) and
(3) of the Sea Fish (Conservation)
Act 1967, section 21(1)(a) of the Sea Fisheries Act 1968 and
section 11(3)(a) 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) (Amendment) Order 2001 and shall come into force on 3rd April 2001.
2. The Sea Fish (Conservation) (Channel Islands)
Order 1981 shall be amended in accordance with the provisions of the Schedule
to this Order.
3.-(1) Any order, prohibition, restriction or exemption
made, imposed or given effect to under or by virtue of the Sea Fish (Conservation) Act 1967,
as extended to Guernsey, before the coming into force of this Order -
(a) shall not be invalidated or cease
to have effect in consequence of the amendments and modifications made by this
Order; and
(b) if in force at the time when this
Order comes into force, shall be treated as if made, imposed or given effect to
under or by virtue of that Act (as extended to Guernsey) as amended and
modified by this Order, in so far as that may be necessary for continuing its
effect after that time.
(2) In relation to any time which falls
after the coming into force of this Order, any reference (express or implied)
in any Act, subordinate legislation or other document to a provision of the Sea Fish (Conservation) Act 1967 as
extended to Guernsey shall, except where the context otherwise requires, be
construed as or as including a reference to that provision as amended or
modified by virtue of this Order.
A.K.
GALLOWAY
Clerk of the Privy Council.
SCHEDULE
Article 2
AMENDMENTS TO THE
SEA FISH (CONSERVATION) (CHANNEL
ISLANDS) ORDER 1981
1.-(1) In article 3, there shall be inserted, at the beginning, “(1)”.
(2) In paragraph (1) of article 3,2 as so amended, for the words “the Channel
Islands” there shall be substituted “Jersey”.
(3) After article 3(1) as so amended, there shall be inserted the following
paragraph -
“(2) The following provisions of the Sea Fish (Conservation) Act 1967
shall extend to Guernsey subject to the exceptions, adaptations and
modifications specified in the Schedule to this Order:-
(a) section 1 (as substituted by
section 19(1) of the Fisheries
Act 1981 and amended by Schedule 6 to the Merchant Shipping Act 1988) (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 and amended by section 20 of the Fisheries Act 1981 and
section 1 of the Sea Fish
(Conservation) Act 1992) (licensing of fishing boats);
(d) section 4A (as inserted by
section 21(1) of the Fisheries
Act 1981 and amended by section 3 of the Sea Fish (Conservation) Act 1992
(licensing of trans-shipment of fish);
(e) section 4B and section 4C
(both as inserted by section 4 of the Sea Fish (Conservation) Act 1992)
(supplementary provisions to sections 4 and 4A);
(f) section 5 (as amended by
section 22 of the Fisheries Act
1981) (power to restrict fishing for sea fish);
(g) the following ancillary
provisions -
(i) section 9
(as amended by sections 19, 21 and 46 of the Fisheries Act 1981) (exemptions for
operations for scientific and other purposes);
(ii) section 11 (as amended by
section 24 of the Fisheries Act
1981 and section 5 of the Sea
Fish (Conservation) Act 1992) (penalties for offences);
(iii) section 14 (as substituted by
section 29 of the Fisheries Act
1981) (jurisdiction of court to try offences);
(iv) section 15 (as amended by
section 22 of and Schedule 1 to the Sea Fisheries Act 1968,
section 9 of and Schedule 2 to the Fishery Limits Act 1976,
section 25 of the Fisheries Act
1981 and section 6 of the Sea Fish (Conservation) Act 1992)
(powers of British sea fishery officers for enforcement of Act).”.
2. In
article 4 -
(a) in paragraph (1) for the words
“the Channel Islands” there shall
be substituted “Jersey”; and
(b) after article 4(1) as so amended, there shall be inserted the following
paragraph -
“(1A) In
the aforesaid Act as extended to Guernsey, the
following expressions have the meanings hereafter assigned to them, except as
specifically provided or where the context otherwise requires:
“British
fishing boat”, except in section 1, means a fishing boat which
is -
(a) registered in the United Kingdom under Part II
of the Merchant Shipping Act 1995,
(b) registered in accordance with the
laws of any of the Channel Islands or the Isle of Man,
(c) exempted from registration by
regulations under section 373 of the Merchant Shipping Act 1894, or
(d) British owned;
“British owned”
means owned by a person who is (within the meaning of the Merchant Shipping Act 1894 as it
has effect in Guernsey) a person qualified to own a British ship or owned by
two or more persons any one of whom is 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;
“foreign fishing
boat” means a fishing boat other than a British fishing boat;
“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 Secretary of
State concerned with the sea fish industry in 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;
“statutory maximum”
means the prescribed sum within the meaning of section 32 of the Magistrates’ Court Act 1980;
“vessel” includes
any ship or boat or any other description of vessel used in navigation.”.
3. For
Part I of the Schedule to the Sea
Fish (Conservation) (Channel Islands) Order 1981 there shall be substituted the following Part:
“PART I - GUERNSEY
1. Unless the context
otherwise requires any reference in this Part to the Sea Fish (Conservation) Act 1967 or
any provision thereof or to any other enactment shall be construed as a
reference to that Act, provision or enactment, as the case may be, as it has
effect in Guernsey.
2. Unless the context otherwise
requires, any reference in the Sea
Fish (Conservation) Act 1967 to British fishery limits adjacent to
Guernsey shall be construed as a reference to that part of those limits not
exceeding 12 international nautical miles of 1852 metres from the
baselines from which the breadth of the territorial sea adjacent to Guernsey is
measured, but not extending beyond a line every point of which is equidistant
from the nearest points of such baselines and the corresponding baselines
adjacent to Jersey and, save as provided by virtue of paragraphs 5, 6 and 13
below, any such reference shall be taken to exclude territorial waters.
3. In section 1 -
(a) subsections (1), (2), (4), (5) and
(7) shall be omitted;
(b) for subsection (3) there shall be
substituted the following subsection:
“(3) Subject to the provisions of this section,
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 under
this subsection as it has effect in the law of England and Wales (whether made
before or after the coming into force of the Sea Fish (Conservation) (Channel
Islands) (Amendment) Order 2001) -
(a) shall not be carried, whether
within or outside British fishery limits, on a British fishing boat registered
in Guernsey, and
(b) in the case of a British fishing
boat not so registered, shall not be carried in British fishery limits adjacent
to Guernsey;
and where such an order prohibits the carrying by any foreign
fishing boat 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, such sea fish shall not be carried by such a fishing boat within
British fishery limits adjacent to Guernsey.”;
(c) for subsection (6) there shall
be substituted the following subsection:
“(6) Any exemption from a prohibition which is
conferred by an order of the Ministers made under subsection (3), as it
has effect in the law of England and Wales, shall have like effect in relation
to the like prohibition imposed by virtue of that subsection as extended to
Guernsey.”;
(d) for subsection (9) there shall
be substituted the following subsections:
“(9) In this section “British fishing
boat” means a fishing boat which is -
(a) registered in the United Kingdom under Part II
of the Merchant Shipping Act 1995,
(b) registered in accordance with the
laws of any of the Channel Islands or the Isle of Man,
(c) exempted from registration by
regulations under section 373 of the Merchant Shipping Act 1894, or
(d) owned wholly by a person who is
(within the meaning of the Merchant
Shipping Act 1894 as it has effect in Guernsey)
a person qualified to own a British ship;
and “foreign fishing boat” means any fishing boat other
than a British fishing boat.
(10) The prohibitions imposed by subsection (3)
above shall not have effect until the order referred to in that subsection
which relates to the prohibitions in question has been registered in the Royal
Court of Guernsey.”.
4. In section 3 -
(a) in subsection (1) -
(i) after
“securing that” there shall be inserted “(except in
territorial waters adjacent to Guernsey)”,
and
(ii) for “the United Kingdom” there shall
be substituted “Guernsey”;
(b) for subsection (2) there shall
be substituted the following subsection:
“(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 Guernsey by fishing boats registered outside Guernsey or not
registered in any country.”; and
(c) for subsection (7) there shall
be substituted the following subsections:
“(7) In this section “Act”
includes any enactment in force in Guernsey or
any part thereof.
(8) Any order made under this section
shall not have effect until registered in the Royal Court of Guernsey.”.
5. In section 4 -
(a) for subsection (1) there shall be
substituted the following subsection:
“(1)
the Ministers may by order provide -
(a) that in any specified area within
British fishery limits adjacent to Guernsey (including territorial waters)
fishing by fishing boats (whether British or foreign) is prohibited unless
authorised by a licence granted by the States of Guernsey Sea Fisheries
Committee (hereafter in this Act 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 Guernsey is prohibited unless so
authorised.”;
(b) for subsection (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 the amount of such charges shall not exceed the maximum among any charges
that are from time to time specified in any order made under this section as it
has effect in relation to England.
(4A) Every order made by the Committee under
subsection (4) above shall be laid before a meeting of the States of
Guernsey as soon as may be after the making thereof and if, at that meeting or
at the next subsequent meeting, the States resolve that the order be annulled
the order shall cease to have effect but without prejudice to anything
previously done thereunder or to the making by the Committee of a new order.
(4B) Any power conferred by subsection (4)
above shall be construed as including a power exercisable in the like manner to
vary or revoke the order.”;
(c) in subsection (6) -
(i) for
“the Minister granting the licence” there shall be substituted
“the Committee”;
(ii) the words “, subject to
subsection 6B,” shall be inserted before “conditions which do
not relate directly to fishing”;
(iii) the word “or” at the end of
paragraph (b) shall be omitted; and
(iv) paragraph (c) shall be omitted;
(d) for subsection (6B) there
shall be substituted the following subsection:
“(6B) The
power arising under subsection (6) for a licence granted under this
section to be made subject to conditions which do not relate directly to
fishing shall not apply in the case of vessels of an overall length of
10 metres or less until such day as may be appointed by order made by the
Committee.”;
(e) subsections (6C) and (6D) shall be
omitted;
(f) in subsection (7), for
“Minister granting a licence under this section” there shall be
substituted “Committee”;
(g) for subsection (8) there shall
be substituted the following 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 Ministers and the
Committee to be necessary or expedient for the regulation of sea
fishing.”;
(h) in subsection (9), for
“Minister who granted the licence” there shall be substituted
“Committee”;
(i) in
subsection (10), for “Minister who granted it” there shall be
substituted “Committee”;
(j) for subsections (11) and (12)
there shall be substituted the following subsections:
“(11) “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.
(12) Any order of the Ministers made under this
section shall not have effect until registered in the Royal Court of
Guernsey.”.
6. In section 4A -
(a) in subsection (1) -
(i) after
“fishery limits” there shall be inserted “adjacent to Guernsey (including territorial waters)”, and
(ii) for “one of the
Ministers” there shall be substituted “the Committee and for the
time being in force”;
(b) for subsection (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 the amount of such charges shall not exceed the maximum among any charges
that are from time to time specified in any order made under this section as it
has effect in relation to England.
(4A) Every order made by the Committee under
subsection (4) above shall be laid before a meeting of the States of
Guernsey as soon as may be after the making thereof and if, at that meeting or
at the next subsequent meeting, the States resolve that the order be annulled
the order shall cease to have effect but without prejudice to anything
previously done thereunder or to the making by the Committee of a new order.
(4B) Any power conferred by subsection (4)
above shall be construed as including a power exercisable in the like manner to
vary or revoke the order.”;
(c) in subsection (6), for
“Minister granting the licence” there shall be substituted
“Committee”;
(d) in subsection (7), for
“Minister granting a licence under this section” there shall be
substituted “Committee”; and for “him” and
“he” there shall be substituted “it”;
(e) for subsection (9) there shall
be substituted the following subsection:
“(9) The licensing powers conferred on the
Committee by this section may be exercised, in consultation with the Ministers,
so as to limit the number of vessels or of any description of vessel (including
vessels or any description of vessel registered in a specified country) engaged
in receiving fish to such an extent as appears to the Ministers and the
Committee to be necessary or expedient for the regulation of trans-shipment.”;
(f) in subsection (10)(b)
and (11), for “Minister who granted it” there shall be substituted
“Committee”, and
(g) for subsection (12) there
shall be substituted the following subsections:
“(12) “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.
(13) Any order of the Ministers made under this
section shall not have effect until registered in the Royal Court of
Guernsey.”.
7. In section 4B -
(a) in subsection (1) for
“The Ministers” there shall be substituted “The
Committee”; and
(b) for subsection (4) there shall
be substituted the following subsection:
“(4) The power to make regulations includes
power to vary or revoke such regulations by subsequent regulations.”.
8. In
section 4C -
(a) in subsection (1) the words
“except proceedings in Scotland”
shall be omitted; and
(b) subsections (2), (3) and (4) shall
be omitted.
9. In section
5 -
(a) for subsection (8) there shall
be substituted the following subsection -
“(8) An order under this section relating to
an area outside British fishery limits adjacent to Guernsey shall not apply to
a fishing boat other than a British fishing boat registered in Guernsey, but an
order under this section relating to an area within those limits may apply to
any fishing boat.”; and
(b) after subsection (8) there
shall be inserted the following subsections:
“(9) In this section “sea fish”
means fish, whether fresh or cured, or any kind found in the sea, including
shell fish, and any parts of such fish.
(10) An order made under this section shall not have
effect until registered in the Royal Court of Guernsey.”.
10. In section 9 -
(a) subsection (1) shall be
omitted;
(b) in subsections (2), (3) and (4),
for “one of the Ministers” there shall be substituted “the
Committee”;
(c) in subsection (5), “6
and 8” and “or landing” shall be omitted;
(d) in subsection (6),
“(1),” shall be omitted, and
(e) in subsection (7) there shall
be added at the end “and “enactment” includes any enactment
in force in Guernsey or any part
thereof”.
11. In section 11 -
(a) any reference to any provision of
section 2, 6 or 7 shall be omitted; and
(b) for paragraph (c) of
subsection (1) the following paragraph shall be substituted:
“(c) in the case of an offence under section 1,
4(7) or (7A), or 4A(7) or (8) on summary conviction to a fine not exceeding the
statutory maximum or on conviction on indictment to a fine.”.
12. In section 14 -
(a) for “6, 7, 15 or 16”
there shall be substituted “or 15”, and
(b) for “the United Kingdom” there shall
be substituted “Guernsey”.
13. In section 15 -
(a) subsection (2)(d) shall be
omitted;
(b) in subsection (3) -
(i) for
“the United Kingdom”
in both places there shall be substituted “Guernsey”;
(ii) after “British fishery
limits” there shall be inserted “(including territorial
waters)”, and
(iii) for “1 to 7” there shall be
substituted “1, 3, 4, 4A or 5”.”