Sea Fisheries Act 1968

1—4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1–4 repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I

Regulation of sea fishing operations U.K.

5 Regulation of conduct of fishing operations. E+W

(1) The Ministers may, [F2 whenever it appears to them necessary or expedient], by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.

(2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—

(a) to all [F3 relevant] British fishing boats, and things done by such boats and their crews, [F4 wherever they may be], and

F5 [(b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits]

(3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter [F6 relevant][F7 British fishery limits] for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.

(4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction [F8 to [F9 the statutory amount]][F10 or on conviction on indictment to a fine].

(5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.

[F11 (6) This section has effect in relation to Scotland with the following modifications–

(a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;

(b) in subsection (2)(b)–

(i) for “Scottish” there is substituted “relevant British”; and

(ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and

(c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F2 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1)

F3 Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3

F4 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2)

F5 S. 5(2)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(ii); S.I. 1998/3178, art. 3

F6 Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3

F7 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)

F8 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1)

F9 Words in s. 5(4) substituted (E.W.) (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4, Pt. III; S.I. 1992/333, art. 2(2), Sch. 2

F10 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2)

F11 S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

C2 S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3

C3 S. 5 functions made exercisable concurrently (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), arts. 1(3), 5(1)(c)

C4 S. 5 transfer of functions (5.12.2012) by The Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), arts. 1(2), 3(1)(b) (with art. 5)

C5 S. 5(1) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C6 S. 5(1) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C7 S. 5(2)(a) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C8 S. 5(2)(a) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

5 Regulation of conduct of fishing operations. S+N.I.

(1) The Ministers may, [F66 whenever it appears to them necessary or expedient], by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.

(2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—

(a) to all [F67 relevant] British fishing boats, and things done by such boats and their crews, [F68 wherever they may be], and

F69 [(b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits]

(3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter [F70 relevant][F71 British fishery limits] for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.

(4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction [F72 to a fine not exceeding £1,000][F73 or on conviction on indictment to a fine].

(5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.

[F74 (6) This section has effect in relation to Scotland with the following modifications–

(a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;

(b) in subsection (2)(b)–

(i) for “Scottish” there is substituted “relevant British”; and

(ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and

(c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.]

Extent Information

E2 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F66 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1)

F67 Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3

F68 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2)

F69 S. 5(1)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(ii); S.I. 1998/3178, art. 3

F70 Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3

F71 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)

F72 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1)

F73 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2)

F74 S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C27 Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

C28 S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 S. 6 repealed by Fishery Limits Act 1976 (c. 86), Sch. 4

7 Sea-fishery officers. U.K.

(1) The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—

(a) officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;

(b) commissioned officers of any of Her Majesty’s ships;

(c) persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

[F13 (ca) persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;]

(d) officers of the fishery protection service F14 ... [F15 of the Scottish Ministers] holding the rank of commander, first officer or second officer;

(e),(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(g) other persons appointed as British sea-fishery officers by one of the appropriate Ministers.

[F17 (1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).]

(2) The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.

(3) An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—

(a) to particular matters;

(b) to a particular area;

(c) to a particular order or class of orders.

(4) In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.

(5) In this section “the appropriate Minister” means—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to Scotland, the [F19 Scottish Ministers]; and

(c) in relation to Northern Ireland, the [F20 Department] of Agriculture for Northern Ireland.

Textual Amendments

F13 S. 7(1)(ca) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(2)(a), 324(3) (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18

F14 Words in s. 7(1)(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(2)(b), 324(3), Sch. 22 Pt. 6 (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18

F15 Words in s. 7(1)(d) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(a); S.I. 1998/3178, art. 3

F16 S. 7(1)(e)(f) repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II

F17 S. 7(1A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(3), 324(3) (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18

F18 S. 7(5)(a) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(4), 324(3), Sch. 22 Pts. 6 (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18

F19 Words in s. 7(5)(b) inserted (1.7.1999) by S.I.1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(b); S.I. 1998/3178, art. 3

F20 Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

Modifications etc. (not altering text)

C9 Functions exercisable jointly by Ministers under s. 7 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

C10 Certain functions of Minister of Agriculture, Fisheries and Food under s. 7 now exercisable (W.) by Secretary of State, or by Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1

C11 S. 7(1)(g) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C12 S. 7(2) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

8 General powers of British sea-fishery officers. U.K.

(1) For the purpose of enforcing the provisions of any order under section 5 above or [F21 of section 12 of the Fisheries Act 2020] or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within [F22 British fishery limits] and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.

(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,—

(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and

[F23 (b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;

(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in paragraph ( d ) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port. ]

[F24 (4) Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of [F25 section 12 of the Fisheries Act 2020] has at any time taken place within British fishery limits, he may—

(a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.]

(5) If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within [F22 British fishery limits], he may require the boat to move away or to move in a direction or to a position specified by him.

(6) For the purpose of enforcing the collision regulations made under section [F26 85 of the Merchant Shipping Act 1995], so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within [F22 British fishery limits] and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section [F26 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents)], whether or not he is mentioned in that [F26 section], and also the powers conferred by the foregoing provisions of this section, and section [F26 257] of that Act so far as it relates to the former powers shall apply accordingly.

Textual Amendments

F21 Words in s. 8(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(2)(a) (with Sch. 4 para. 31)

F22 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)

F23 S. 8(3)(b)–(d) and following paragraph substituted for S. 8(3)(b) by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(2)

F24 S. 8(4) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(3)

F25 Words in s. 8(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(2)(b) (with Sch. 4 para. 31)

F26 Words in s. 8(6) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(a) (with s. 312(1))

Modifications etc. (not altering text)

C13 S. 8 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 8 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch. 1

S. 8 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))

S. 8 applied (1.1.1996) by 1868 c. 45, s. 26 (as substituted by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 2) (with s. 312(1))

C14 S. 8 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(c)

C15 S. 8 applied (1.4.2024) by Regulation (EU) No. 1627/2016, Art. 56D(2) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 6(34))

C16 S. 8 applied (1.4.2024) by Regulation (EU) No. 640/2010, Art. 9C(2) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(10))

C17 S. 8(3) modified (temp.) (S.) (1.11.2010) by The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I. 2010/375), art. 1(1)(2)4(2)(a)

C18 S. 8(4) modified (temp.) (S.) (1.11.2010) by The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I. 2010/375), art. 1(1)(2)4(2)(b)

9 Powers of sea-fishery officers to enforce conventions. U.K.

(1) For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside [F27 British fishery limits] the powers conferred by section 8(2) and (3) above.

(2) Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.

Textual Amendments

F27 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)

Modifications etc. (not altering text)

C19 Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 9 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 9 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))

10 Miscellaneous provisions as to sea-fishery officers. U.K.

[F28 (1) A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.]

(2) Any person who on any fishing boat within [F29 British fishery limits], or on a British fishing boat anywhere outside those limits,—

(a) fails [F30 without reasonable excuse] to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;

(b) prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or

(c) assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or [F31 wilfully obstructs] any such officer in the exercise of any of those powers;

shall be guilty of an offence.

[F32 (2A) Any person who on any vessel within British fishery limits—

(a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;

(b) prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or

(c) assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;

shall be guilty of an offence.]

(3) Subsection (2) above shall apply in relation to things done on a British fishing boat anywhere within the convention area outside [F29 British fishery limits] by or in relation to a foreign sea-fishery officer who is exercising powers to enforce the provisions of the convention relating to that area as it applies in relation to things done on any fishing boat within those limits by or in relation to a British sea-fishery officer.

(4) A person guilty of an offence under this section shall be liable [F33 on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine.] [F33 on summary conviction, or on conviction on indictment, to a fine.]

Textual Amendments

F28 S. 10(1) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(4)

F29 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1)

F30 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(5)(a)

F31 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(5)(b)

F32 S. 10(2A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(6)

F33 Words in s. 10(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 5 (with reg. 5(1))

Modifications etc. (not altering text)

C20 Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 10 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 10 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))

11 Evidence. U.K.

(1) In any civil or criminal proceedings a written statement purporting to be a report made by a British or foreign sea-fishery officer on matters ascertained in the course of exercising his powers under section 9 above for the purpose of enforcing the provisions of any convention mentioned in that section shall be admissible as evidence to the like extent as oral evidence to the like effect by that officer.

(2) Subsection (1) above shall be taken to be in addition to, and not to derogate from, the provisions of any other enactment relating to the reception or admissibility of documentary evidence.

Modifications etc. (not altering text)

C21 Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 11 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 11 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))

12 Recovery of fines imposed on master, etc., or crew. U.K.

(1) Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act or [F34 section 12 of the Fisheries Act 2020], the court may—

(a) issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and

(b) if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.

(2) Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act or [F35 section 12 of the Fisheries Act 2020], the sheriff may—

(a) issue a warrant for the [F36 poinding][F36 arrestment] and sale of the boat and its gear and catch and any property of the person convicted; and

(b) if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.

(3) [F37 Sections 77(1) and 78 of the Magistrates’ Courts Act 1980] (postponement of issue of, and defects in, [F38 warrants), as they apply to warrants of the kinds mentioned there,] shall apply to a warrant of distress issued under this section in England and Wales F39 ....

(4) [F40 Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981] (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in [F40 that paragraph].

Textual Amendments

F34 Words in s. 12(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(3) (with Sch. 4 para. 31)

F35 Words in s. 12(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(3) (with Sch. 4 para. 31)

F36 Word “arrestment” substituted for “poinding” (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 108(1)(2), Sch. 6 para. 13, Sch. 7 paras. 5, 9(1)

F37 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 77

F38 Words in s. 12(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 31(a) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F39 Words in s. 12(3) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 31(b), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F40 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 16

Modifications etc. (not altering text)

C22 Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 12 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 12 applied (1.1.1996) by 1995 c. 21 ss. 15(9), 316(2) (with s. 312(1))

13 Compensation for damage caused by offence. U.K.

F41 [(1) Where on convicting a person of an offence under section 5 or 10 of this Act it appears to a court in England and Wales or Northern Ireland that personal injury or damage to property has been caused by the offence, the court may by the conviction adjudge the person convicted to pay, in addition to any fine, a reasonable sum, not exceeding £400, as compensation for the injury or damage, and the sum when recovered shall be paid to the person who has suffered the injury or damage.]

(2) Where a person is to be brought to trial before a sheriff in Scotland for an offence under section 5 or 10 of this Act or [F42 section 12 of the Fisheries Act 2020]—

(a) any person who considers that personal injury to him or damage to his property has been caused by the offence may, at any time before the commencement of the trial, give notice in writing to the accused person and the sheriff clerk that at the trial of the offence the sheriff shall be called upon to make an award of compensation in respect of that injury or damage;

(b) if notice has been given as aforesaid and the accused is convicted of the offence the sheriff shall thereupon dispose of the question of compensation, but shall not order payment of a sum by way of compensation exceeding [F43 level 5 on the standard scale]

(c) any evidence led at the trial shall be admissible as evidence in the disposal of the question of compensation, and if the compensation claimed is in respect of damage to property and a report of a British sea-fishery officer relating to the damage is produced as evidence, that report shall, unless the sheriff considers that it is necessary in the interests of justice to allow additional evidence, be sufficient evidence for the disposal of the question of compensation; and

(d) in disposing of the question of compensation the sheriff may, subject to paragraph (b) above, give decree as in any ordinary action brought before him.

(3) Section 12 of this Act shall apply in relation to compensation [F44 adjudged or] ordered to be paid under this section by the master, owner, or charterer or a member of the crew of a fishing boat as it applies in relation to a fine imposed by a [F44 magistrates’ court or] sheriff on such a person.

(4) The provisions of this section shall not be taken to derogate from any right of a person who has suffered personal injury or damage to property in consequence of an offence under section 5 or 10 of this Act or [F45 section 12 of the Fisheries Act 2020] to recover damages in respect of the injury or damage in civil proceedings.

Textual Amendments

F41 S. 13(1) repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 68), Sch. 4

F42 Words in s. 13(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(4) (with Sch. 4 para. 31)

F43 Words in s. 13(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 paras. 7, 99 (with Sch. 3 para. 6)

F44 Words repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 86), Sch. 4

F45 Words in s. 13(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(4) (with Sch. 4 para. 31)

14 Jurisdiction to try offences. U.K.

Proceedings for an offence under section 5 or 10 of this Act F46 ... may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Textual Amendments

F46 Words in s. 14 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(5) (with Sch. 4 para. 31)

Modifications etc. (not altering text)

C23 S. 14 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 14 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 14 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))

Miscellaneous U.K.

15 Amendments of Sea Fisheries (Shellfish) Act 1967. U.K.

(1) The M1 Sea Fisheries (Shellfish) Act 1967 shall be amended in accordance with, and have effect subject to, the following provisions of this section.

X1 (2) [F47 In section 1(1) (orders as to fisheries for oysters, mussels and cockles) for the words “and cockles” there shall be substituted the words “cockles, clams and any other molluscs of a kind specified in regulations made by the appropriate Minister”.]

[F48 (2A) [F49 The reference in section 3(1) of the Sea Fisheries (Shellfish) Act 1967 to an order under section 1 of that Act conferring on the grantees a right of regulating a fishery which imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of shellfish shall be construed as including a reference to an order under section 1 of that Act conferring on the grantees such a right which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations; and the references in sections 3(1)(a), (2) and (3) of that Act to restrictions and regulations shall be construed as including a reference to restrictions so imposed and regulations so made.]

(2B) The references in sections 4A(1) and 4B(1) of the Sea Fisheries (Shellfish) Act 1967 to restrictions imposed by, or regulations made by, an order under section 1 of that Act conferring a right of regulating a fishery, shall be construed as including a reference to restrictions imposed by, or regulations made by, the grantees by virtue of an order under section 1 of that Act which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations.]

(3) The power to make an order under [F50 that section] [F50 section 1 of that Act] conferring on the grantees a right of regulating a fishery for any specified description of shellfish shall be construed as including a power to enable them with the consent of the appropriate Minister to impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of shellfish of that description within the limits of the regulated fishery.

(4) An order under that section which imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of a fishery shall be construed as conferring on the grantees of the fishery power with the consent of the appropriate Minister to vary the tolls or royalties so imposed.

(5) In subsections (3) and (4) above “the appropriate Minister” has the same meaning as in the Sea Fisheries (Shellfish) Act 1967.

(6) Anything purporting to be done at any time before the passing of this Act under or by virtue of section 1 or 3 of the M2 Sea Fisheries (Shellfish) Act 1967 or any enactment thereby re-enacted which could have been done by virtue of subsection (3) or (4) above if that subsection had been in force at that time shall be treated as if it had been done by virtue of that subsection.

X1 (7) In paragraph 4(6) of Schedule 1 (notice of inquiry in connection with making of an order under section 1) for the words “fourteen days’” there shall be substituted the words “twenty-eight days’”.

Editorial Information

X1 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F47 S. 15(2) repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(5)(a), 324(3), Sch. 22 Pts. 5(A); S.I. 2009/3345, art. 2, Sch. para. 9Sch. para. 27(b)

F48 S. 15(2A)(2B) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(3), 104(1); S.S.I. 2006/432, art. 2(f)

F49 S. 15(2A) repealed (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), s. 168(1), Sch. 4 para. 10 (with s. 162); S.S.I. 2011/58, art. 2(b) (with art. 5)

F50 Words in s. 15(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

Marginal Citations

M1 1967 c. 83.

M2 1967 c. 83.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 U.K.

Textual Amendments

F51 S. 16 repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II

17 Fishing boats and gear lost or abandoned at sea. U.K.

Without prejudice to section [F52 236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver)], fishing boats or fishing gear lost or abandoned at sea and either—

(a) found or taken possession of within the territorial waters of the United Kingdom; or

(b) found or taken possession of beyond those waters and brought within those waters;

shall be treated as wreck for the purposes of Part IX of the [F52 Merchant Shipping Act 1995].

Textual Amendments

F52 Words in s. 17 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(b) (with s. 312(1))

Supplemental U.K.

18 Orders. U.K.

(1) Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.

(2) A statutory instrument containing an order made by the Ministers under any provision of this Act, . . . F53 shall be laid before Parliament [F54 or, in the case of an order in relation to Scotland, the Scottish Parliament].

(3) Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.

Textual Amendments

F53 Words repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I

F54 Words in s. 18(2) inserted (1.7.1999) by S.I, 1999/1820, art. 4, Sch. 2 Pt. I para. 48(4); S.I. 1998/3178

Modifications etc. (not altering text)

C24 S. 18(1)(2) excluded (28.3.2002) byThe Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 {para.3(3)}

C25 S. 18(1)(2) excluded (28.3.2002) byThe Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 {para.3(3)}

19 Interpretation. U.K.

(1) In this Act, except so far as the context otherwise requires,—

• [F55 “British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;]

• “convention” includes an agreement or other arrangement;

• “convention area” means, in relation to any international convention, the area to which the convention relates;

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “fish” includes shellfish, and cognate expressions shall be construed accordingly;

• “fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;

• [F56 “foreign fishing boat” means any fishing boat other than a [F57 relevant] British fishing boat [or a Scottish fishing boat;]]

• “foreign sea-fishery officer” has the meaning assigned to it by section 7 of this Act;

• “master” includes, in relation to any fishing boat, the person for the time being in command or charge of the boat;

• “the Ministers” means [F58 , in relation to England, Wales and Northern Ireland;] the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland [F58 and, in relation to Scotland, the Scottish Ministers];

• [F59 “relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat]

• [F59 “relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone]

• [F59 “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]

• [F59 “the Scottish zone” has the same meaning as in the Scotland Act 1998]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

• “Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, [F61 including any Act of the Scottish Parliament and any subordinate legislation made under such an Act, and] including any enactment relating to fishing for shellfish, salmon or migratory trout.

• [F56 “wholly British-owned” means wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995;]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(3) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.

Textual Amendments

F55 Definition in s. 19(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(i) (with s. 312(2))

F56 Definitions in s. 19(1) inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(ii) (with s. 312(1))

F57 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(b); S.I. 1998/3178, art. 3

F58 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(c); S.I. 1998/3178, art. 3

F59 Definitions in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(a); S.I. 1998/3178, art. 3

F60 Definitions repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I and Fishery Limits Act 1976 (c. 86), Sch. 4

F61 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(d); S.I. 1998/3178, art. 3

F62 S. 19(2) repealed by Fishery Limits Act 1976 (c. 86), Sch. 4

Modifications etc. (not altering text)

C26 Reference to enactment of Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63 U.K.

Textual Amendments

F63 S. 20 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

21 Isle of Man and Channel Islands. U.K.

(1) Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—

(a) shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order to the Isle of Man or any of the Channel Islands; and

(b) shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.

(2) An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.

22 Minor and consequential amendments and repeals, and savings. U.K.

X2 (1) The enactments specified in Schedule 1 of this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this act.

X2 (2) The enactments specified in Schedule 2 to this Act(which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

(3 ),(4) . . .F64

(5) The amendment by Schedule 1 to this Act of section 15 of the M3 Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.

F65 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X2 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F64 S. 22(3)(4) repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I

F65 S. 22(6) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 2

Marginal Citations

M3 1967 c. 84.

23 Short title and commencement. U.K.

(1) This Act may be cited as the Sea Fisheries Act 1968.

(2) Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.

(3) Any order under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

Subordinate Legislation Made

P1 Power of appointment conferred by s. 23(2) partly exercised: S.I. 1969/1551