Sea Fish (Conservation) Act 1967

6 Prohibition on landing of sea fish caught in certain areas. U.K.

(1) The Ministers, after consultation with the [F1 Secretary of State for Trade], may by order prohibit, in accordance with the provisions of this section, the landing in [F2 England and Wales and Northern Ireland] of sea fish, or any particular description of sea fish, being fish caught in any such waters as may be specified in the order.

[F3 (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 [F4 relevant] 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 F5 ... the [F6 Department] of Agriculture for Northern Ireland [F7 or of a member of the staff of the Scottish Administration], 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 [F8 under this subsection].

[F9 (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.

Textual Amendments

F1 Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 10; and S.I. 1974/692, arts. 2(1), 5(3), Sch. 1 Pt. III

F2 Words in s. 6(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch 2 Pt. I para 43(6)(a); S.I. 1998/3178, art. 3

F3 S. 6(1A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), ss. 23(3), 27

F4 Word in s. 6(1A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch 2 Pt. I para. 43(2)(b); S.I. 1998/3178, art. 3

F5 Words in s. 6(4) omitted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(6)(b), Sch. 2 Pt. IV; S.I. 1998/3178, art. 3

F6 Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

F7 Words in s. 6(4) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(6)(b); S.I. 1998/3178, art. 3

F8 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 23(3)

F9 S. 6(5A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 23(3)

Modifications etc. (not altering text)

C1 S. 6 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para. 17

C2 S. 6: certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)(2)(i)

C3 S. 6: transfer of functions (5.12.2012) by The Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), arts. 1(2), 3(2) (with art. 5)

C4 S. 6(1)(1A) modified (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 4(5)