Sea-Fisheries (Licensing, Etc.) Bye-laws (No. 784/04)

Statutory Document No. 784104 THE SEA-FISHERIES ACT I97I THE SEA-FTSHERTES (LTCENSTNG, ETC.) BYE-LA\ilS 2004 Approvedby Tymuald ISth December 2004 Coning into operation 2Ist Oclober 2004 WHEREAS the Department of Agriculture, Fisheries and Forestry has (a) consulted such organisations and authorities as is required by section 2(2A)(a) of the Sea-Fisheries Act l97lt; (b) satisfied itself as required by section 2(2A)(b) of that Act; and (c) obtained the concurrence of the Secretary of State to the making of the following Bye-laws, AND in exercise of the powers conferred on the Department of Agriculture, Fisheries and Forestry by section 2 of the Sea-Fisheries Act 1977, and of all other enabling powers, the following ByeJaws are hereby made: l. Citation, commencement and application (1) These ByeJaws may be cited as the Sea-Fisheries (Licensing, Etc.) ByeJaws 2004 and, subject to section 3(l) of the Sea-Fisheries Act l97l and byeJaw 3(2), shall come into operation on the 2lst October 2004. (2) Subject to paragtaph (3), these Bye-laws shall not apply to fishing for, taking or killing sea-fish in the experimental area within the meaning given by the Sea-Fisheries (Experimental Area) ByeJaws 20032. I t97I c.l8; section 2 was a¡nended by the Fisheries Act 1983, the Treasury Act 1985, the Statute Law Revision Act 1986, the Territorial Sea (Consequential Prwions) Act 1991, 'rre Agriculture and Fisheries Mscellaneous Provisions) Act 1998, the Agriculture (Miscellaneous Provisions) Act 2000; and by GC t2t/86t SD 422103;bye-law 2 was amended by SD 83s/03 I Price: 85p. Price Code: A (3) Paragraph (2) shall not apply in relation to fishing for, taking or killing (a) crabs, crawfish, lobster or whelks by means of pots; or (b) any sea-fish by means of rod and line. 2. Interpretation In these ByeJaws "British fishing vessel" means fishing vessels which are registered in the Island under The Merchant Shipping (Registration of Fishing Vessels) Regulations 1991r, or in the United Kingdom or the Channel Islands under equivalent legislation; "demersal fish" means all sea-fish other than salmon, migratory trout, mackerel, clupeoid fishes, sand eels, Norway pout, smelts, eels, great weevers? crustaceans and molluscs (other than squid); "territorial sea" means those \ilaters lying within 12 miles of the baseline from which the breadth of the territorial sea adjacent to the Isle of Man is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines adjacent to the United Kingdom; LICENSING 3. Licensing No person shall fish for profit in the tenitorial sea from any British fishing vessel unless authorised by a licence granted by the Department. 4. Applications for licences, etc. A person requiring a licence under these ByeJaws shall make written application to the Department and shall supply the Department with such information relating to the application and the intended fishing activities as the Department may require. ) I so zgzlgt FISHING RIGHTS ACCORDED BY TI{E LONDON CONIVENTION 1964 5. Fishing boats registered in France, Belgium and the Republic of freland (1) The areas in which fishing boats registered in France, Belgium and the Republic of Ireland may fish in the territorial sea shall be as set out in the section of the Schedule relevant to each state and shall be the areas which lie between the demarcation lines drawn from the landmarks, and in the true directions mentioned in the first column of Schedule I in respect ofsuch areas. (2) The descriptions of sea-fish for which such fishing boats may fish shall be those specified in the second column of the Schedule in respect of each such area. OFFENCES A}.ID PENALTIES 6. Offences Any person who contravenes byeJaw 3(1), 5(1) or 5(2) shall be guilty of an offence and shall be liable (a) on summary conviction to a fine of f50,000; and (b) on conviction on information to a fine. 3 Bye-law 5 SCHEDULE FISHING IN THE TERRITORIAL SEA BY FISHING VESSELS REGISTERED IN FRANCE, BELGIUM AND THE REPUBLIC OF IRELAND SECTION I. FISHING VESSELS REGISTERED IN BELGIUM SECTION 2. FISHING VESSELS REGISTERED IN FRANCE SECTION 3. FISHING VESSELS REGISTERED IN THE REPUBLIC OF IRELA}ID R W. Henderson Minister for Agriculture, Fisheries and lorestry 4 Column 2 Descriptions of sea-fi sh Column I Demarcation lines, landmarks and directions l. Chicken Rock Lighthouse - West 2. Douglas Lighthouse - South-east Demersal fish Column I Demarcation lines, landmarks and directions Column 2 Descriptions of sea-fish l. Jurby Head Church - West 2. Chicken Rock Lighthouse - South-east Demersal fish Column I Demarcation lines, landmarks and directions Column 2 Descriptions of sea-fi sh l. Point of Ayre Lighthouse - North-east 2. Chicken Rock Lighthouse - South Demersal fish; nephrops 1. Jurby Head Church - West 2. Chicken Rock Lighthouse - South Herring MADE 21s t October 2004 EXPLANATORY NOTE (Ihis note is not part of the Bye-laws) These Bye-laws o prohibit British fishing vessels from fishing for profit in the territorial sea unless authorised by a licence granted by the Department, and (bye-law 3); o provide for application for licences to be made to the Department (byeJaw 4); o set out the fishing rights, as accorded under the terms of the London Convention 1964, of fishing vessels registered in Belgium, France and the Republic of Ireland in specified areas of the territorial sea and for specified species in those areas (bye-law 5 and the Schedule); o provide offences for contravention ofthe provisions of the ByeJaws in respect of o British fishing vessels fishing other than under the authority of a licence issued by the Department; o fishing vessels registered in Belgiun¡ France or the Republic of Ireland fishing other than in specified areas, or for other than specified species, and set out penalties (byeJaw 6). 5