The Fishing Boats (Specified Countries) Designation Order 1996

Statutory Instruments

1996 No. 1035

SEA FISHERIES

The Fishing Boats (Specified Countries) Designation Order 1996

Made

3rd April 1996

Laid before Parliament

3rd April 1996

Coming into Force

24th April 1996

The Minister of Agriculture, Fisheries and Food, the Secretaries of State respectively concerned with sea fishing in Scotland and Northern Ireland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by section 2(1) of the Fishery Limits Act 1976(1) and now vested in them(2) and of all other powers enabling them in that behalf, hereby make the following Order:—

Title and commencement U.K.

1.  This Order may be cited as the Fishing Boats (Specified Countries) Designation Order 1996 and shall come into force on 24th April 1996.

Commencement Information

I1 Art. 1 in force at 24.4.1996, see art. 1

Interpretation U.K.

2.  In this Order—

“the Act” means the Fishery Limits Act 1976;

“ICES areas” means those statistical sub-areas and divisions of the International Council for the Exploration of the Sea(3) which are referred to by their short names in column 1 of Schedule 1 to this Order and are described in column 2 of that Schedule opposite the reference to their short names, but excluding any part of those areas which is within 12 miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man is measured or which is outside British fishery limits(4).

Commencement Information

I2 Art. 2 in force at 24.4.1996, see art. 1

Access to British fisheries U.K.

3.—(1) The countries specified in column 1 of Schedule 2 of this Order are hereby designated for the purposes of section 2(1) of the Act (hereinafter called “the designated countries”).

(2) In relation to each of the designated countries there are hereby designated the ICES areas specified in column 2 of Schedule 2 opposite the reference to that country (hereinafter called “the designated areas”).

(3) The descriptions of sea fish for which the fishing boats registered in any of the designated countries may fish in any of the designated areas shall be those specified in column 3 of Schedule 2 opposite the reference to that area, which shall have effect subject to the Notes to that Schedule.

Commencement Information

I3 Art. 3 in force at 24.4.1996, see art. 1

Tony Baldry

Minister of State,

Ministry of Agriculture,

Fisheries and Food

Raymond Robertson

Parliamentary Under Secretary of State,

Scottish Office

Signed by authority of the Secretary of State for Wales

Rod Richards

Parliamentary Under Secretary of State,

Welsh Office

Patrick Mayhew

Secretary of State for Northern Ireland

Article 2

SCHEDULE 1 U.K.

Commencement Information

I4 Sch. 1 in force at 24.4.1996, see art. 1

Column 1	Column 2
ICES area	Description
IIa	The waters bounded by a line beginning at a point on the coast of Norway in 62°00' north latitude; thence due west to 4°00' west longitude; thence due north to 63°00' north latitude; thence due west to 11°00' west longitude; thence due north to 73°30' north latitude; thence due east to 30°00' east longitude; thence due south to 72°00' north latitude; thence due west to 26°00' east longitude; thence due south to the coast of Norway; thence in a westerly and south-westerly direction along the coast of Norway to the point of beginning.
IVa	The waters bounded by a line beginning at a point on the coast of Norway in 62°00' north latitude; thence due west to 4°00' west longitude; thence due south to the coast of Scotland; thence in an easterly and southerly direction along the coast of Scotland to a point in 57°30' north latitude; thence due east to 7°00' east longitude; thence due north to the coast of Norway; thence in a north-westerly direction along the coast of Norway to the point of beginning.
IVb	The waters bounded by a line beginning at a point on the west coast of Denmark in 57°00' north latitude; thence due west to 8°00' east longitude; thence due north to 57°30' north latitude; thence due west to the coast of Scotland; thence in a southerly direction along the coasts of Scotland and England to a point in 53°30' north latitude; thence due east to the coast of the Federal Republic of Germany; thence in a north-easterly direction along the coast of the Federal Republic of Germany to the western terminus of its boundary with Denmark; thence along the west coast of Jutland to Thyboron; thence in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; thence across the eastern entrance of the Limfjord to Hals; thence in a westerly direction along the north coast of Limfjord to the southernmost point of Agger Tange; thence in a northerly direction along the west coast of Jutland to the point of beginning.
IVc	The waters bounded by a line beginning at a point on the west coast of the Federal Republic of Germany in 53°30' north latitude; thence due west to the coast of England; thence in a southerly direction to a point in 51°00' north latitude; thence due east to the coast of France; thence in a north-easterly direction along the coasts of France, Belgium, the Netherlands and the Federal Republic of Germany to the point of beginning.
Vb	The waters bounded by a line beginning at a point 63°00' north latitude, 4°00' west longitude; thence due west to 15°00' west longitude; thence due south to 60°00' north latitude; thence due east to 5°00' west longitude; thence due north to 60°30' north latitude; thence due east to 4°00' west longitude; thence due north to the point of beginning.
VI	The waters bounded by a line beginning at a point on the north coast of Scotland in 4°00' west longitude; thence due north to 60°30' north latitude; thence due west to 5°00' west longitude; thence due south to 60°00' north latitude; thence due west to 18°00' west longitude; thence due south to 54°30' north latitude; thence due east to the coast of the Republic of Ireland; thence in a northerly and easterly direction along the coasts of the Republic of Ireland and of Northern Ireland to a point on the east coast of Northern Ireland in 55°00' north latitude; thence due east to the coast of Scotland; thence in a northerly direction along the west coast of Scotland to the point of beginning.
Part of VIa	That part of ICES division VIA which lies north of 56°30' north latitude.
VIb	That part of ICES sub-area VI which lies west of 12°00' west longitude.
VII	The waters bounded by a line beginning at a point on the west coast of the Republic of Ireland in 54°30' north latitude; thence due west to 18°00' west longitude; thence due south to 48°00' north latitude; thence due east to the coast of France; thence in a northerly and north-easterly direction along the coast of France to a point in 51°00' north latitude; thence due west to the south-east coast of England; thence in a westerly and northerly direction along the coasts of England, Wales and Scotland to a point on the west coast of Scotland in 55°00' north latitude; thence due west to the coast of Northern Ireland; thence in northerly and westerly direction along the coasts of Northern Ireland and the Republic of Ireland to the point of beginning.
VIId	The waters bounded by a line beginning at a point on the west coast of France in 51°00' north latitude; thence due west to the coast of England; thence in a westerly direction along the south coast of England to 2°00' west longitude; thence in a southerly direction to the coast of France at Cape de la Hague; thence in a north-easterly direction along the coast of France to the point of beginning.
VIIe	The waters bounded by a line beginning on the south coast of England in 2°00' west longitude; thence in a southerly and westerly direction along the coast of England to a point on the south-west coast in 50°00' north latitude; thence due west to 7°00' west longitude; thence due south to 49°30' north latitude; thence due east to 5°00' west longitude; thence due south to 48°00' north latitude; thence due east to the coast of France; thence in a northerly and north-easterly direction along the coast of France to Cape de la Hague; thence in a northerly direction to the point of beginning.
VIIf	The waters bounded by a line beginning at a point on the south coast of Wales in 5°00' west longitude; thence due south to 51°00' north latitude; thence due west to 6°00' west longitude; thence due south to 50°30' north latitude; thence due west to 7°00' west longitude; thence due south to 50°00' north latitude; thence due east to the coast of England; thence along the south-west coast of England and the south coast of Wales to the point of beginning.
VIIh	The waters bounded by a line beginning at a point in 50°00' north latitude and 7°00' west longitude; thence due west to 9°00' west longitude; thence due south to 48°00' north latitude; thence due east to 5°00' west longitude; thence due north to 49°30' north latitude; thence due west to 7°00' west longitude; thence due north to the point of beginning.

Article 3

SCHEDULE 2 U.K.

Commencement Information

I5 Sch. 2 in force at 24.4.1996, see art. 1

Column 1	Column 2	Column 3
Countries	ICES area (as defined in article 2)	Descriptions of fish
Notes (a) “Other white fish by-catches” means by-catches of fish of descriptions other than those specified in column 3 in relation to the Faroe Islands. (b) “Other species” means fish of descriptions other than those specified in column 3 in relation to Norway, subject to the qualification that catches of sole shall be limited to by-catches. (c) “Combined quota species” means grenadier or rat-tails, mora mora, greater forkbeard. (d) “Dogfish” includes grey shark, black shark, bird-beak dogfish, leafscale gulper shark, greater lantern shark, smooth lantern shark and Portuguese dogfish.
Faroe Islands	IVa, b, c	Horse mackerel, Norway pout, sand eels, sprat, other white fish by-catches (note (a)).
	IVa	Mackerel.
	Part of VIa	Ling, tusk, blue ling, herring, mackerel, horse mackerel, Norway pout, sprat, blue whiting.
	VIb	Ling, tusk, blue ling, blue whiting.
	VIIe, f, h	Mackerel, horse mackerel.
	All sub-areas and divisions	Porbeagle.
Norway	IIa	Mackerel, blue whiting, argentine, blue ling, ling, tusk, Greenland halibut, other species (note (b)).
	IVa	All species.
	IVb	All species except for mackerel.
	IVc	All species except for herring and mackerel.
	Vb	Blue ling, ling, tusk, combined quota species (note (c)).
	Part of VIa	Mackerel, blue whiting, argentine, herring, Norway pout.
	VI	Ling, blue ling, tusk, dogfish (note (d)), basking shark, porbeagle, blue whiting, argentine, Greenland halibut, combined quota species (note (c)).
	VII	Blue ling, ling, tusk, dogfish (note (d)), basking shark, porbeagle, combined quota species (note (c)).
	VIId, e, f, h	Mackerel.

Explanatory Note

(This note is not part of the Order)

This Order designates the Faroe Islands and Norway as countries whose registered fishing boats may fish for certain species of sea fish in certain areas of British fishery limits outside the area within 12 miles from the baselines from which the breadth of the territorial sea is measured.

The areas and species designated are in accordance with agreements reached between the European Community and the countries concerned on reciprocal fishing rights.

(1)

1976 c. 86; see section 8 for the definition of “the Ministers”.

(2)

In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.

(3)

Cmnd. 2586.

(4)

“British fishery limits” are the limits set by or under section 1 of the Act.