The Sea Fish Licensing (Variation) (No. 2) Order 1990

Explanatory Note

(This note is not part of the Order)

This Order varies the Sea Fish Licensing Order 1989, as varied, (“the principal Order”) which prohibits fishing, subject to exceptions, by British fishing boats in specified areas of sea for the principal species of sea fish, unless authorised by a licence.

This Order extends the scope of that prohibition to include fishing for all species of sea fish (other than salmon or migratory trout) in Moroccan waters, in Community waters of ICES Vb (Faroes Grounds), in ICES VI (Rockall and West of Scotland), in ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel), in ICES VIII (Bay of Biscay) and in the United States' exclusive economic zone (articles 3, 4(a) and 5 and Schedule).

This Order excepts from the prohibition on fishing—

(a) fishing by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline (article 4(c));

(b) fishing for salmon or migratory trout (article 4(a)).

This Order removes the provision in the principal Order which permitted the retention on board a fishing boat of a quantity of cod, plaice and whiting not exceeding 10% by weight of the total catch of sea fish on board the boat, the fishing for which was for the time being prohibited, caught in ICES VIIa as a by-catch in the course of lawful fishing for another description of sea fish (article 6). In consequence, section 4(9A) of the Sea Fish (Conservation) Act 1967 requires such cod, plaice and whiting to be returned to the sea forthwith.

The Order also amends the definition of the Thames and Blackwater coastal area to accord with Council Regulation (EEC) No. 4047/89 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1990 and certain conditions under which they may be fished (OJ No. L389, 30.12.89, p.1, at p.34) (article 4(b)).