SCHEDULEAMENDMENTS TO THE SEA FISH (CONSERVATION) (CHANNEL ISLANDS) ORDER 1981
3.
“PART I—GUERNSEY
1.
Unless the context otherwise requires any reference in this Part to the Sea Fish (Conservation) Act 1967 or any provision thereof or to any other enactment shall be construed as a reference to that Act, provision or enactment, as the case may be, as it has effect in Guernsey.
2.
Unless the context otherwise requires, any reference in the Sea Fish (Conservation) Act 1967 to British fishery limits adjacent to Guernsey shall be construed as a reference to that part of those limits not exceeding 12 international nautical miles of 1852 metres from the baselines from which the breadth of the territorial sea adjacent to Guernsey is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to Jersey and, save as provided by virtue of paragraphs 5, 6 and 13 below, any such reference shall be taken to exclude territorial waters.
3.
In section 1—
(a)
subsections (1), (2), (4), (5) and (7) shall be omitted;
(b)
for subsection (3) there shall be substituted the following subsection:“(3)
Subject to the provisions of this section, sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description by an order of the Ministers under this subsection as it has effect in the law of England and Wales (whether made before or after the coming into force of the Sea Fish (Conservation) (Channel Islands) (Amendment) Order 2001)—
(a)
shall not be carried, whether within or outside British fishery limits, on a British fishing boat registered in Guernsey, and
(b)
in the case of a British fishing boat not so registered, shall not be carried in British fishery limits adjacent to Guernsey;
and where such an order prohibits the carrying by any foreign fishing boat of sea fish of any description prescribed by the order which are of less than the minimum size so prescribed in relation to sea fish of that description, such sea fish shall not be carried by such a fishing boat within British fishery limits adjacent to Guernsey.”;
(c)
for subsection (6) there shall be substituted the following subsection:“(6)
Any exemption from a prohibition which is conferred by an order of the Ministers made under subsection (3), as it has effect in the law of England and Wales, shall have like effect in relation to the like prohibition imposed by virtue of that subsection as extended to Guernsey.”;
(d)
for subsection (9) there shall be substituted the following subsections:“(9)
In this section “British fishing boat” means a fishing boat which is—
(a)
registered in the United Kingdom under Part II of the Merchant Shipping Act 1995,
(b)
registered in accordance with the laws of any of the Channel Islands or the Isle of Man,
(c)
exempted from registration by regulations under section 373 of the Merchant Shipping Act 1894, or
(d)
owned wholly by a person who is (within the meaning of the Merchant Shipping Act 1894 as it has effect in Guernsey) a person qualified to own a British ship;
and “foreign fishing boat” means any fishing boat other than a British fishing boat.
(10)
The prohibitions imposed by subsection (3) above shall not have effect until the order referred to in that subsection which relates to the prohibitions in question has been registered in the Royal Court of Guernsey.”.
4.
In section 3—
(a)
in subsection (1)—
(i)
after “securing that” there shall be inserted “(except in territorial waters adjacent to Guernsey)”, and
(ii)
for “the United Kingdom” there shall be substituted “Guernsey”;
(b)
for subsection (2) there shall be substituted the following subsection:“(2)
An order under this section may be made so as to extend to nets or other fishing gear carried within British fishery limits adjacent to Guernsey by fishing boats registered outside Guernsey or not registered in any country.”; and
(c)
for subsection (7) there shall be substituted the following subsections:“(7)
In this section “Act” includes any enactment in force in Guernsey or any part thereof.
(8)
Any order made under this section shall not have effect until registered in the Royal Court of Guernsey.”.
5.
In section 4—
(a)
for subsection (1) there shall be substituted the following subsection:“(1)
the Ministers may by order provide—
(a)
that in any specified area within British fishery limits adjacent to Guernsey (including territorial waters) fishing by fishing boats (whether British or foreign) is prohibited unless authorised by a licence granted by the States of Guernsey Sea Fisheries Committee (hereafter in this Act called “the Committee”) and for the time being in force:
(b)
that in any area specified in the order (being outside the waters referred to in paragraph (a) above) fishing by British fishing boats registered in Guernsey is prohibited unless so authorised.”;
(b)
for subsection (4) there shall be substituted the following subsections:“(4)
The Committee may by order prescribe charges for the granting of a licence by the Committee under this section and may prescribe different charges in relation to different classes of licence, but the amount of such charges shall not exceed the maximum among any charges that are from time to time specified in any order made under this section as it has effect in relation to England.
(4A)
Every order made by the Committee under subsection (4) above shall be laid before a meeting of the States of Guernsey as soon as may be after the making thereof and if, at that meeting or at the next subsequent meeting, the States resolve that the order be annulled the order shall cease to have effect but without prejudice to anything previously done thereunder or to the making by the Committee of a new order.
(4B)
Any power conferred by subsection (4) above shall be construed as including a power exercisable in the like manner to vary or revoke the order.”;
(c)
in subsection (6)—
(i)
for “the Minister granting the licence” there shall be substituted “the Committee”;
(ii)
the words “, subject to subsection 6B,” shall be inserted before “conditions which do not relate directly to fishing”;
(iii)
the word “or” at the end of paragraph (b) shall be omitted; and
(iv)
paragraph (c) shall be omitted;
(d)
for subsection (6B) there shall be substituted the following subsection:“(6B)
The power arising under subsection (6) for a licence granted under this section to be made subject to conditions which do not relate directly to fishing shall not apply in the case of vessels of an overall length of 10 metres or less until such day as may be appointed by order made by the Committee.”;
(e)
subsections (6C) and (6D) shall be omitted;
(f)
in subsection (7), for “Minister granting a licence under this section” there shall be substituted “Committee”;
(g)
for subsection (8) there shall be substituted the following subsection:“(8)
The licensing powers conferred on the Committee under this section may be exercised, in consultation with the Ministers, so as to limit the number of fishing boats, or of any class of fishing boats, engaged in fishing in any area, or in fishing in any area for any description of fish, to such extent as appears to the Ministers and the Committee to be necessary or expedient for the regulation of sea fishing.”;
(h)
in subsection (9), for “Minister who granted the licence” there shall be substituted “Committee”;
(i)
in subsection (10), for “Minister who granted it” there shall be substituted “Committee”;
(j)
for subsections (11) and (12) there shall be substituted the following subsections:“(11)
“Sea fish” in this section means fish, whether fresh or cured, of any kind found in the sea, including shellfish, and any parts of such fish.
(12)
Any order of the Ministers made under this section shall not have effect until registered in the Royal Court of Guernsey.”.
6.
In section 4A—
(a)
in subsection (1)—
(i)
after “fishery limits” there shall be inserted “adjacent to Guernsey (including territorial waters)”, and
(ii)
for “one of the Ministers” there shall be substituted “the Committee and for the time being in force”;
(b)
for subsection (4) there shall be substituted the following subsections:“(4)
The Committee may by order prescribe charges for the granting of a licence by the Committee under this section and may prescribe different charges in relation to different classes of licence, but the amount of such charges shall not exceed the maximum among any charges that are from time to time specified in any order made under this section as it has effect in relation to England.
(4A)
Every order made by the Committee under subsection (4) above shall be laid before a meeting of the States of Guernsey as soon as may be after the making thereof and if, at that meeting or at the next subsequent meeting, the States resolve that the order be annulled the order shall cease to have effect but without prejudice to anything previously done thereunder or to the making by the Committee of a new order.
(4B)
Any power conferred by subsection (4) above shall be construed as including a power exercisable in the like manner to vary or revoke the order.”;
(c)
in subsection (6), for “Minister granting the licence” there shall be substituted “Committee”;
(d)
in subsection (7), for “Minister granting a licence under this section” there shall be substituted “Committee”; and for “him” and “he” there shall be substituted “it”;
(e)
for subsection (9) there shall be substituted the following subsection:“(9)
The licensing powers conferred on the Committee by this section may be exercised, in consultation with the Ministers, so as to limit the number of vessels or of any description of vessel (including vessels or any description of vessel registered in a specified country) engaged in receiving fish to such an extent as appears to the Ministers and the Committee to be necessary or expedient for the regulation of trans-shipment.”;
(f)
in subsection (10)(b) and (11), for “Minister who granted it” there shall be substituted “Committee”, and
(g)
for subsection (12) there shall be substituted the following subsections:“(12)
“Sea fish” in this section means fish, whether fresh or cured, of any kind found in the sea, including shellfish, and any parts of such fish.
(13)
Any order of the Ministers made under this section shall not have effect until registered in the Royal Court of Guernsey.”.
7.
In section 4B—
(a)
in subsection (1) for “The Ministers” there shall be substituted “The Committee”; and
(b)
for subsection (4) there shall be substituted the following subsection:“(4)
The power to make regulations includes power to vary or revoke such regulations by subsequent regulations.”.
8.
In section 4C—
(a)
in subsection (1) the words “except proceedings in Scotland” shall be omitted; and
(b)
subsections (2), (3) and (4) shall be omitted.
9.
In section 5—
(a)
for subsection (8) there shall be substituted the following subsection—“(8)
An order under this section relating to an area outside British fishery limits adjacent to Guernsey shall not apply to a fishing boat other than a British fishing boat registered in Guernsey, but an order under this section relating to an area within those limits may apply to any fishing boat.”; and
(b)
after subsection (8) there shall be inserted the following subsections:“(9)
In this section “sea fish” means fish, whether fresh or cured, or any kind found in the sea, including shell fish, and any parts of such fish.
(10)
An order made under this section shall not have effect until registered in the Royal Court of Guernsey.”.
10.
In section 9—
(a)
subsection (1) shall be omitted;
(b)
in subsections (2), (3) and (4), for “one of the Ministers” there shall be substituted “the Committee”;
(c)
in subsection (5), “6 and 8” and “or landing” shall be omitted;
(d)
in subsection (6), “(1),” shall be omitted, and
(e)
in subsection (7) there shall be added at the end “and “enactment” includes any enactment in force in Guernsey or any part thereof”.
11.
In section 11—
(a)
any reference to any provision of section 2, 6 or 7 shall be omitted; and
(b)
for paragraph (c) of subsection (1) the following paragraph shall be substituted:“(c)
in the case of an offence under section 1, 4(7) or (7A), or 4A(7) or (8) on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.”.
12.
In section 14—
(a)
for “6, 7, 15 or 16” there shall be substituted “or 15”, and
(b)
for “the United Kingdom” there shall be substituted “Guernsey”.
13.
In section 15—
(a)
subsection (2)(d) shall be omitted;
(b)
in subsection (3)—
(i)
for “the United Kingdom” in both places there shall be substituted “Guernsey”;
(ii)
after “British fishery limits” there shall be inserted “(including territorial waters)”, and
(iii)
for “1 to 7” there shall be substituted “1, 3, 4, 4A or 5”.”