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The Cod and Saithe (Specified Sea Areas) (Prohibition of Fishing) Order 1993

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Explanatory Note

(This note is not part of the Order)

The Order prohibits, subject to exceptions, fishing for cod (Gadus morhua) or saithe (Pollachius virens) during the period beginning with the date of coming into force of the Order and ending immediately before 1 January 1994 —

(a)by any British fishing boat registered in the United Kingdom within any part of the sea area ICES IIa or IV specified in the Schedule to the Order, or

(b)by any British fishing boat registered in the Isle of Man or any of the Channel Islands or by any British-owned fishing boat within any part of such a sea area which lies within British fishery limits (article 2).

The Order also prohibits, subject to an exception fishing for saithe (Pollachius virens) during the same period —

(a)by any British fishing boat registered in the United Kingdom within any part of the sea area ICES IIIa ICES IIIb, c or IIId specified in the Schedule to the Order, or

(b)by any British fishing boat registered in the Isle of Man or any of the Channel Islands or by any British-owned fishing boat within any part of such a sea area which lies within British fishery limits (article 3).

The Order does not apply to any boat over 10 metres in length, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure (articles 2(2) and 3(2)).“Length” is defined in article 1(2).

By virtue of section 5(6) of the Sea Fish (Conservation) Act 1967 (as amended by section 22(2) of the Fisheries Act 1981), where, in the course of any fishing operations conducted in any of the above-mentioned sea areas, cod or saithe are taken on board a boat to which this Order applies, those fish shall (subject to section 9 of that Act) be returned to the sea forthwith.

British sea-fishery officers are given certain enforcement powers for the purpose of the enforcement of the Order (article 4).

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