2019 No. 507 (W. 117)
The Sea Fish Licensing (Wales) Order 2019
Made
Laid before the National Assembly for Wales
Coming into force in accordance with article 1(1)
The functions of the Ministers under sections 4, 4A, 15(3), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). So far as exercisable in relation to the Welsh zone, the functions of the Ministers under sections 4, 4A and 15(3) of the 1967 Act, were transferred to the Welsh Ministers by article 4(1)(b) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760) on a concurrent basis. Those functions were further transferred, on a concurrent basis, in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone by paragraph 2(1) of Schedule 3A to the Government of Wales Act 2006.
Title, commencement and applicationI11
1
This Order may be cited as the Sea Fish Licensing (Wales) Order 2019 and comes into force on exit day.
2
This Order applies in relation to Wales, the Welsh zone and Welsh fishing boats wherever they may be.
InterpretationI22
In this Order –
-
“the baselines” (“y gwaelodlinau”) means the baselines established by the Territorial Sea (Baselines) Order 2014 F3;
-
“length” (“hyd”) in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels;
-
“mile” (“milltir”) means an international nautical mile of 1,852 metres; and
-
“Welsh fishing boat” (“cwch pysgota Cymreig”) means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and the entry of which in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
-
“the Welsh zone” (“parth Cymru”) has the same meaning as in the Government of Wales Act 2006 F4 (see section 158(1) and (3) of that Act).
Prohibition on Welsh fishing boats fishing without a licence and exceptionsI33
1
Subject to paragraph (2), fishing by Welsh fishing boats (wherever they may be) is prohibited unless authorised by a licence granted by the Welsh Ministers.
2
The prohibition in paragraph (1) does not apply to—
a
fishing for salmon or migratory trout;
b
fishing by any boat used wholly for the purpose of conveying persons wishing to fish solely for pleasure;
c
fishing in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Mann and the Channel Islands respectively 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 the United Kingdom and France respectively;
d
fishing for common eels (Anguilla anguilla) by any boat the length of which is not more than 10 metres; or
e
fishing by any boat the length of which is not more than 10 metres and which does not have an engine to power the boat.
Prohibition on fishing in the Welsh zone by non-British-owned Crown Dependencies fishing boatsI44
1
Fishing in the Welsh zone by a fishing boat registered under the law of Jersey, Guernsey or the Isle of Man that is not British-owned is prohibited unless authorised by a licence granted by the Welsh Ministers.
2
Paragraph (1) does not apply to fishing
a
for salmon or migratory trout;
b
for common eels (Anguilla Anguilla) by a boat whose length is 10 metres or less;
c
by a boat whose length is 10 metres or less and which does not have an engine to power the boat;
d
by a boat used wholly for the purpose of conveying persons wishing to fish for pleasure.
Prohibition on fishing in the Welsh zone by foreign fishing boatsI55
1
Fishing in the Welsh zone by a foreign fishing boat is prohibited unless authorised by a licence granted by the Welsh Ministers.
RevocationsI66
In so far as they apply in relation to Welsh fishing boats, the instruments specified in the first column of the Schedule are revoked to the extent specified in the third column of the Schedule.
I7SCHEDULERevocations
Sch. in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see art. 1(1)
Varied by S.I. 1993/188 and 2291 and amended by S.I. 1999/1820.
Title |
Reference |
Extent of revocation |
---|---|---|
The Sea Fish Licensing Order 1992(1) |
S.I. 1992/2633 |
In so far as it applies to Welsh fishing boats |
The Sea Fish Licensing (Variation) Order 1993 F7 |
S.I. 1993/188 |
In so far as it applies to Welsh fishing boats |
The Sea Fish Licensing (Variation) (No.2) Order 1993 |
S.I. 1993/2291 |
In so far as it applies to Welsh fishing boats |
The Scotland Act 1998 (Consequential S.I. 1999/1820 Modifications) (No.2) Order 1999 |
S.I. 1999/1820 |
Paragraph 150 of Schedule 2 |
1967 c.84 (“the 1967 Act”); section 4 was substituted by section 3 of the Fishery Limits Act 1976 (c.86) and amended by section 20 of the Fisheries Act 1981 (c.29), section 1 of the Sea Fish (Conservation) Act 1992 (c.60), sections 4, 196 and 197 of the Marine and Coastal Access Act 2009 (c.23) and S.I. 1999/1820. The definitions of “relevant British fishing boat” and “foreign fishing boat” are contained in section 4(12). Section 4A was inserted by section 21 of the Fisheries Act 1981 and amended by section 3 of the Sea Fish (Conservation) Act 1992, section 6 of the Marine and Coastal Access Act 2009 and S.I. 1999/1820. Section 15 was amended by section 22, paragraph 38 of Schedule 1 and Part II of Schedule 2 to the Sea Fisheries Act 1968 (c.77), section 25 of the Fisheries Act 1981, paragraph 15 of Schedule 2 to the Fishery Limits Act 1976, section 199 of the Marine and Coastal Access Act 2009. Section 20 was amended by section 21 of the Fisheries Act 1981 and section 7 of the Sea Fish (Conservation) Act 1992.