6 Prohibition on landing of sea fish caught in certain areas. U.K.
(1)The Ministers, after consultation with the [F1Secretary of State for Trade], may by order prohibit, in accordance with the provisions of this section, the landing in the United Kingdom of sea fish, or any particular description of sea fish, being fish caught in any such waters as may be specified in the order.
[F2(1A)The Ministers, after consultation with the Secretary of State for Trade, may by order prohibit, in accordance with the provisions of this section, the trans-shipment within British fishery limits of sea fish, or any particular description of sea fish, being fish caught in any such waters as may be specified in the order.]
(2)Any prohibition imposed by an order under this section in relation to sea fish, or any particular description of sea fish, caught in any waters specified in the order may be so imposed either for a period specified in the order or without limitation of time, and either free from, or subject to, all or any, or any combination, of the following limitations, that is to say, limitations whereby the prohibition has effect in relation to sea fish, or sea fish of that description, as the case may be—
(a)caught while in a condition specified in the order and not while in any other condition, or caught while in any condition except a condition so specified;
(b)caught by a method specified in the order and not by any other method, or caught by any method except a method so specified;
(c)caught at any such times as (whether by reference to particular months, weeks, days or hours, or to any combination thereof) are specified in the order.
(3)Without prejudice to subsection (2) above, any prohibition imposed by an order under this section may be imposed subject to such exceptions as may be specified in the order.
(4)Where an order is made under this section the enactments relating to customs shall apply accordingly, but no steps shall be taken under those enactments for the purposes of this section by any officer of customs and excise except at the request of an officer of the Ministry of Agriculture, Fisheries and Food, the Secretary of State for Scotland or the [F3Department] of Agriculture for Northern Ireland, as the case may be.
(5)If any sea fish are landed from a vessel in contravention of an order under this section, the master, the owner and the charterer (if any) of the vessel shall each be guilty of an offence [F4under this subsection].
[F5(5A)If any sea fish are—
(a)trans-shipped into a vessel in contravention of an order under this section; or
(b)trans-shipped from a vessel in contravention of such an order,
the master, the owner and the charterer (if any) of the vessel shall each be guilty of an offence under this subsection.]
(6)In this and the next following section “sea fish” includes salmon and migratory trout.
Subordinate Legislation Made
P1For previous exercises of power see Index to Government Orders
P2S. 6(1)(2)(3): S. 6(1) (with ss. 6(2)and (3), 15(3), 20(1) and 22(2)(a)) power exercised by S.I. 1991/2565
Textual Amendments
F1Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 10 and 1974/692, arts. 2(1), 5(3), Sch. 1 Pt. III
F2S. 6(1A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1) ss. 23(3), 27
F3Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)
F4Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 23(3)
F5S. 6(5A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 23(3)
Modifications etc. (not altering text)
C1S. 6 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 17