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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Receiving of Trans-shipped Sea Fish (Licensing) (Variation) Order 1983 No. 1139 URL: http://www.bailii.org/uk/legis/num_reg/1983/uksi_19831139_en.html |
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Statutory Instruments
SEA FISHERIES
CONSERVATION OF SEA FISH
Made
27th July 1983
Laid before Parliament
28th July 1983
Coming into Operation
10th August 1983
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 4A(1) and (2) and 20(1) of the Sea Fish (Conservation) Act 1967, and of all other powers enabling them in that behalf, hereby make the following order:-
1. This order may be cited as the Receiving of Trans-shipped Sea Fish (Licensing) (Variation) Order 1983 and shall come into operation on 10th August 1983.
2. The Receiving of Trans-shipped Sea Fish (Licensing) Order 1982 shall be varied by substituting for article 3 thereof the following articles:-
3. Within British fishery limits the receiving by any vessel (whether British or foreign) of any pelagic sea fish trans-shipped from any other vessel is prohibited unless authorised by a licence granted by one of the Ministers.
3A. In any proceedings under article 3 of this order in respect of the receiving of pelagic sea fish caught by a foreign fishing boat, it shall be a defence, unless the receiving of the fish took place within the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man, for the person charged to prove that the fish to which the charge relates were caught outside British fishery limits.".
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th July 1983.
L.S.
Michael Jopling
Minister of Agriculture, Fisheries and Food
George Younger
Secretary of State for Scotland
26th July 1983
Nicholas Edwards
Secretary of State for Wales
27th July 1983
James Prior
Secretary of State for Northern Ireland
26th July 1983
This order varies the Receiving of Trans-shipped Sea Fish (Licensing) Order 1982, which prohibits the receiving within British fishery limits by any vessel (whether British or foreign) of any pelagic sea fish which-
(a) have been caught by any British fishing boat registered in the United Kingdom, and
(b) are trans-shipped from a boat so registered to the receiving vessel,
unless authorised by a licence granted by one of the Ministers.
The variation made by this order extends this prohibition on receiving fish without a licence so that it applies in respect of any pelagic sea fish trans-shipped within British fishery limits from any vessel, whether caught by a British fishing boat or by a foreign fishing boat. However, the variation also provides that where the fish were caught by a foreign fishing boat, it shall be a defence, unless the receiving took place in British territorial waters, to show that the fish were caught outside British fishery limits.