The Sea Fish (Conservation) (Channel Islands) (Amendment) Order 2001

2.  In article 4— U.K.

(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(1),

  (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(2), 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(3) 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(4);

• “vessel” includes any ship or boat or any other description of vessel used in navigation.”.

(1)

1995 c. 21.

(2)

1894 c. 60.

(3)

The States of Guernsey Civil Service Board are enabled to appoint British Sea Fisheries Officers in relation to Guernsey pursuant to section 7 of the Sea Fisheries Act 1968 by virtue of article 3(2) of and paragraph 4(b) of Part II of the Schedule to the Sea Fisheries (Channel Islands) Order 1973 (S.I. 1973/1319 as amended by S.I. 1989/2412).

(4)

1980 c. 43. Section 32 of the Magistrates' Courts Act 1980 was extended to Guernsey under the Criminal Justice Act 1982 (Guernsey) Order 1992 (S.I. 1992/3202).