The Sea Fish Licensing (Variation) (No. 2) Order 1993

Statutory Instruments

1993 No. 2291

SEA FISHERIES

CONSERVATION OF SEA FISH

The Sea Fish Licensing (Variation) (No. 2) Order 1993

Made

21st September 1993

Laid before Parliament

21st September 1993

Coming into force

12th October 1993

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 4, 15(3), 20(1) and 22(2)(a) of the Sea Fish (Conservation) Act 1967(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Sea Fish Licensing (Variation) (No. 2) Order 1993 and shall come into force on 12th October 1993.

Variation of the Sea Fish Licensing Order 1992

2.  The Sea Fish Licensing Order 1992(2) shall be varied in accordance with articles 3 and 4 below.

3.  In article 2 (interpretation) there shall be inserted after the definition of “ICES” the following definition—

• ““length” in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 defining characteristics for fishing vessels;”(3).

4.  In article 3(2) (exceptions to prohibition of fishing without a licence) there shall be inserted, at the end, the following sub-paragraphs—

“(f) for common eels (Anguilla anguilla) by any boat whose length is not more than 10 metres;

(g) by any boat whose length is not more than 10 metres and which does not have an engine to power the boat.”

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

20th September 1993.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

21st September 1993

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

17th September 1993

Patrick Mayhew

Secretary of State for Northern Ireland

16th September 1993

Explanatory Note

(This note is not part of the Order)

This Order further varies the Sea Fish Licensing Order 1992 which prohibits fishing, subject to exceptions, anywhere by fishing boats which are registered in the United Kingdom or are British-owned. This Order adds two exceptions which apply in the case of boats whose length is not more than 10 metres. “Length” is defined (article 3). The new exceptions are in respect of fishing for common eels (Anguilla anguilla) and fishing by a boat which does not have an engine to power it (article 4).

(1)

1967 c. 84; section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3 and by the Fisheries Act 1981 (c. 29), section 20; section 15(3) was amended by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and by the Fishery Limits Act 1976, Schedule 2, paragraph 16(1); section 22(2)(a) which contains a definition of “the Ministers” for the purposes of sections 4 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b).

(2)

S.I. 1992/2633, varied by S.I. 1993/188.

(3)

OJ No. L274, 25.9.86, p.1.