Sea Fish (Conservation) Act 1967

[F1 [F2 22 Interpretation. U.K.

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• [F3 “British-owned”, in relation to a fishing boat, means owned by a person who is for the purposes of Part II of the Merchant Shipping Act 1995 a person qualified to own a British ship, or owned by two or more persons any one of whom is for those purposes a person so qualified;]

• [F4 “British fishing boat” means a fishing boat—

  (a)

  which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995,

  (b)

  which is British-owned, or

  (c)

  which is registered under the law of Jersey, Guernsey or the Isle of Man;]

• “British sea-fishery officer” means any person who by virtue of [F5 section 7 of the M1 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 or (except in section 5 and except in section 15 in so far as that section applies to sections 5 and 6 of this Act and orders made under those sections) the sea fishing service;

• “the Fishmongers’ Company” means the wardens and commonalty of the Mystery of Fishmongers in the City of London;

• [F6 “local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the M2 Sea Fisheries Regulation Act 1966;]

• “market authority” means any person having power to regulate a market;

• “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 and from the sea;

• “processing” (in relation to fish) includes preserving or preparing fish, or producing any substance or article from fish, by any method for human or animal consumption;

• [F7 “relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;]

• [F8 “relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone;]

• “salmon” includes any fish of the salmon species:

• [F9 “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;]

• [F10 “the Scottish zone” has the same meaning as in the Scotland Act 1998;]

• “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 (except in sections F11 ... [F12 4A,] 5, 6, 7 and 9) 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.

[F13 (1A) In any order or regulations made under this Act “foreign fishing boat” means (unless the contrary intention appears) a fishing boat which is not a British fishing boat.]

(2) In this Act “the appropriate Minister”, in relation to England F14 ..., means the Minister of Agriculture, Fisheries and Food [F15 in relation to Wales, means the Secretary of State concerned with the sea fishing industry in Wales], F16 ..., and “the Ministers”—

(a) except in sections [F17 1(1) and (2)] and 9(1) and (4) of this Act means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland [F18 Wales] and Northern Ireland;

(b) in the said sections [F17 1(1) and (2)] and 9(1) means the Minister of Agriculture, Fisheries and Food and [F19 the Secretaries of State respectively] concerned with the sea fishing industry in Scotland [F20 and Wales];

(c) in the said section 9(4) means the Minister of Agriculture, Fisheries and Food, [F19 the Secretaries of State respectively] concerned with the sea fishing industry in Scotland [F20 and Wales] and the [F21 Department] of Agriculture for Northern Ireland.

(3) Anything which is required or authorised under this Act to be done by the Ministers shall be done by the Ministers acting in conjunction.

[F22 (3A) Any reference in this Act to a class is a reference to a class defined or described by reference to any circumstances whatsoever (whether or not relating to fishing or vessels).]

(4) Except in so far as the context otherwise requires, references in this Act to any enactment are references to that enactment as amended by or under any other enactment.]]

Textual Amendments

F1 S. 18(2) substituted (S.) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 para. 1 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

F2 S. 18(3) inserted (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 para. 1

F3 Definition of “British-owned” in s. 22(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 38(c) (with s. 312(1))

F4 Words in s. 22(1) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(12)(a) (with Sch. 4 para. 31)

F5 Words substituted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 39

F6 Words in s. 22(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3)); and repeal extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F7 S. 22(1): definition of “relevant British fishing boat” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(11); S.I. 1999/3178, art. 3

F8 S. 22(1): definition of “relevant British fishery limits” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(11); S.I. 1999/3178, art. 3

F9 S. 22(1): definition of “Scottish fishing boat” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(11); S.I. 1998/3178, art. 3

F10 S. 22(1): definition of “the Scottish zone” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(11); S.I. 1998/3178, art. 3

F11 Word in s. 22(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(12)(b) (with Sch. 4 para. 31)

F12 “4A,” inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 21(2)(c)

F13 S. 22(1A) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(12)(c) (with Sch. 4 para. 31)

F14 Words repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(a), Sch. 5 Pt. II

F15 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(a)

F16 S. 22(2): words in definition of “the appropriate Minister” repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(12), Sch. 2 Pt. IV; S.I. 1998/3178, art. 3

F17 “1(1) and (2)” substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 19(2)(d)(3)

F18 Word inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(b)

F19 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(c)

F20 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(c)

F21 Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

F22 S. 22(3A) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 196(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 8

Modifications etc. (not altering text)

C1 Certain functions of Minister of Agriculture, Fisheries and Food as “the appropriate Minister” now exercisable (W.) by Secretary of State, or Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1

C2 Functions of Ministers acting in conjunction now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

Marginal Citations

M1 1968 c. 77.

M2 1966 c. 38.