Statutory Instruments

1972 No. 1966

SEA FISHERIES

LANDING AND SALE OF SEA FISH

The Salmon and Migratory Trout (Restrictions On Landing) Order 1972

Made

14th December 1972

Laid before Parliament

20th December 1972

Coming into Operation

15th February 1973

The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland in exercise of the powers conferred on them by section 6 of the Sea Fish (Conservation) Act 1967 and of all other powers enabling them in that behalf, after consultation with the Secretary of State for Trade and Industry(1), hereby make the following order:—

Citation and Commencement

1. This order may be cited as the Salmon and Migratory Trout (Restrictions on Landing) Order 1972 and shall come into operation on 15th February 1973.

Interpretation

2.—(1) In this order—

“drift-net” means any length of net allowed to float or drift being either attached to or released from a fishing boat and not being a length of net attached to or held on the shore;

“landing” in relation to salmon and migratory trout means the first landing thereof after catching and “land” shall be construed accordingly;

“mouth of the River Tweed” means the area as defined by the Tweed Fisheries Amendment Act 1859 as amended by byelaw dated 10th August 1863 contained in Schedule A to the Salmon Fisheries (Scotland) Act 1868;

“the Northern part of British fishery limits” means the areas of sea described in Schedule 3 to this order;

“North-East Atlantic waters” means the waters described in Schedule 2 to this order being part of the waters to which the North-East Atlantic Fisheries Convention(2) applies;

“North-West Atlantic waters” means the waters described in Schedule 1 to this order, being the waters to which the International Convention for the North west Atlantic Fishery(3) applies;

“specified method” means a method of fishing with drift-net, trawl net, seine net, troll or long-line, but does not include beach seining or fishing from the shore by net and coble.

(2) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament

Prohibition of Landings

3. There is hereby prohibited the landing in Great Britain during the period from 15th February 1973 to 14th February 1983, both days inclusive, of:—

(a)salmon caught in North-West Atlantic waters;

(b)salmon and migratory trout caught in North-East Atlantic waters;

(c)salmon and migratory trout caught by a specified method in the Northern part of British fishery limits;

(d)salmon and migratory trout caught in the waters described in Schedule 4 to this order subject to the provisions of Article 4 of this order.

Exemption from prohibition on Landings

4. Notwithstanding the prohibition contained in Article 3 of this order, it shall be lawful to land in Great Britain salmon and migratory trout caught in:

(i)waters within so much of the exclusive fishery limits adjacent to England and Wales as are included in the waters described in Part I of Schedule 4 to this order; and

(ii)waters described in Part II of Schedule 4 to this order,

provided that the catching was effected in the course of fishing under the authority of, and in accordance with the conditions of, a licence granted in respect of fishing for salmon and migratory trout in such waters by the River Authority having jurisdiction therein.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th December 1972.

L.S.

Joseph Godber

Minister of Agriculture, Fisheries and Food

Gordon Campbell

Secretary of State for Scotland

13th December 1972

W.S.I. Whitelaw

Secretary of State for Northern Ireland

14th December 1972

SCHEDULE 1NORTH-WEST ATLANTIC WATERS

All waters, except territorial waters, bounded by a line beginning at a point on the coast of Rhode Island in 71° 40′ west longitude; thence due south to 39° 00′ north latitude; thence due east to 42° 00′ west longitude; thence due north to 59° 00′ north latitude; thence due west to 44° 00′ west longitude; thence due north to the coast of Greenland; thence along the west coast of Greenland to 78° 10′ north latitude; thence southward to a point in 75° 00′ north latitude and 73° 30′ west longitude; thence along a rhumbline to a point in 69° 00′ north latitude and 59° 00′ west longitude; thence due south to 61° 00′ north latitude; thence due west to 64° 30′ west longitude; thence due south to the coast of Labrador; thence in a southerly direction along the coast of Labrador to the southern terminus of its boundary with Quebec; thence in a westerly direction along the coast of Quebec, and in an easterly and southerly direction along the coasts of New Brunswick, Nova Scotia, and Cape Breton Island to Cabot Strait; thence along the coast of Cape Breton Island, Nova Scotia, New Brunswick, Maine, New Hampshire, Massachusetts, and Rhode Island to the point of beginning.

SCHEDULE 2NORTH-EAST ATLANTIC WATERS

Those areas of the Atlantic and Arctic Oceans and seas adjacent to those oceans which lie outside the fishery limits of the British Islands north of 36° north latitude, between 42° west longitude and 51° east longitude and north of 59° north latitude between 44° west longitude and 42° west longitude but excluding the Mediterranean and Baltic Seas and Belts lying to the south and east of lines drawn from Hasenore Head, Denmark, to Gniben Point, Denmark, from Korshage, Denmark, to Spodsbierg, Denmark and from Gilbierg Head, Denmark, to Kullen, Sweden.

SCHEDULE 3NORTHERN PART OF BRITISH FISHERY LIMITS

1. The area of sea within the fishery limits of the British Islands lying west of the meridian of longitude 3° west and north of the parallel of latitude 54° 30′ north, excluding—

(a)the waters within so much of the exclusive fishery limits as are adjacent to England but not nearer to any point on the coast of Scotland than to any point on the coast of England;

(b)the waters within that area, being waters within so much of those fishery limits as are mentioned in section 4(2) of the Fishery Limits Act 1964

2. The area of sea within those fishery limits lying east of the meridian of longitude 3° west and north of the southern boundary of the mouth of the River Tweed and of a line drawn due east from the eastmost point of that boundary.

SCHEDULE 4

PART I

The area of sea contained within a line drawn from the coast of England along the southern boundary of the mouth of the River Tweed to the eastmost point of that boundary; thence due east to the intersection with the boundary of the fishery limits of the British Islands; thence along that boundary in a clockwise direction around the coast of England and Wales to the intersection with the parallel of latitude 54° 30′ north in the Irish Sea; thence eastwards along that parallel until it meets the coast of England.

PART II

The area of sea within the fishery limits of the British Islands lying west of the meridian of longitude 3° west and north of the parallel of latitude 54° 30′ north and within so much of the exclusive fishery limits as are adjacent to England but not nearer to any point on the coast of Scotland than to any point on the coast of England.

EXPLANATORY NOTE

This Order made under the powers contained in section 6 of the Sea Fish (Conservation) Act 1967 prohibits the landing in Great Britain of salmon and migratory trout caught in certain waters specified in the order.

(1)

For transfer of functions from the Board of Trade to the Secretary of State for Trade and Industry, see the Secretary of State for Trade and Industry Order 1970 (S.I. 1970/1537) (1970 III, p.5293).

(2)

Cmnd. 2190.

(3)

Cmnd. 8071.