Sea Fish (Conservation) Act 1967

5 Power to restrict fishing for sea fish. U.K.

[F1 (1) Subject to the provisions of this section, the Ministers may by order prohibit in any area specified in the order and either for a period so specified or without limitation of time—

(a) all fishing for sea fish; or

(b) fishing for any description of sea fish specified in the order; or

(c) 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) Orders under this section may make different provision in relation to fishing boats of different descriptions.]

(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 [F2 a fishing boat to which the order applies], those sea fish shall, subject to section 9 of this Act [F3 and except where the order otherwise provides], 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.

[F4 (8) An order under this section relating to an area outside British fishery limits shall not apply to any fishing boat other than—

(a) a British fishing boat registered in the United Kingdom; or

(b) in so far as the order relates to fishing for salmon or migratory trout, a fishing boat which is British-owned but not registered under the Merchant Shipping Act 1894;

but an order under this section relating to an area within those limits may apply to any fishing boat.]

Subordinate Legislation Made

P1 S. 5: for previous exercises of this power see Index to Government Orders.

P2 S. 5(1): ss. 5(1) and 15(3) (with ss. 20(1) and 22(2)(a)) power exercised by S.I. 1991/1163.

S. 5(1): ss. 5(1)and 15(3)(with s. 22(2)(a)) power exercised by S.I. 1991/1473

P3 S. 5(1): S. 5(1) (with ss. 15(3) and 22(2)(a)) power exercised by S.I. 1991/2085

P4 S. 5(1): S. 5(1) (with ss. 15(3) and 22(2)(a)) power exercised by S.I.1991/2767

Textual Amendments

F1 S. 5(1)(2) substituted for subsections (1) to (4) by Fisheries Act 1981 (c. 29, SIF 52:1), s. 22

F2 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 22(2)(a)

F3 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 22(2)(b)

F4 S. 5(8) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 22(3)

Modifications etc. (not altering text)

C1 S. 5(1) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 16

C2 S. 5(6) amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 16