The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009

Application

2.—(1) This Order applies—

(a) in England;

(b) in relation to English fishing boats and Welsh fishing boats wherever they are, except when they are in Wales;

(c) in relation to other fishing boats within British fishery limits(1) except when they are in—

(i) the Scottish zone (as defined in section 126(1) of the Scotland Act 1998(2)),

(ii) the Northern Ireland zone (as defined in section 98(1) of the Northern Ireland Act 1998(3)),

(iii) Wales, or

(iv) the territorial sea adjacent to the Isle of Man, Jersey(4) or Guernsey.

(2) In this article—

(a) “English fishing boat” means a fishing boat which is—

(i) registered, with its specified port being in England, or

(ii) owned wholly by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995(5), other than a Welsh fishing boat, a Northern Ireland fishing boat or a Scottish fishing boat;

(b) “Northern Ireland fishing boat” means a fishing boat which is registered, with its specified port being in Northern Ireland;

(c) “registered” means registered in the register maintained under section 8 of the Merchant Shipping Act 1995, and “specified port” means the port specified in the entry in that register as the one to which the boat is to be treated as belonging;

(d) “Scottish fishing boat” means a fishing boat which is registered, with its specified port being in Scotland;

(e) “Wales” has the meaning given in section 158(1) of the Government of Wales Act 2006(6); and

(f) “Welsh fishing boat” means a fishing boat which is registered, with its specified port being in Wales.

(1)

As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

(2)

1998 c. 46.

(3)

1998 c. 47.

(4)

See section 1 of the Territorial Sea Act 1987 (c. 49), as extended to Jersey by S.I. 1997/278 as amended by S.I. 2002/250, and to the Isle of Man by S.I. 1991/1722.

(5)

1995 c. 21.

(6)

2006 c. 32.