
1 

(1) This Order may be cited as the Sea Fish (Specified Manx Waters) Licensing Order 1990 and shall come into force on 15th November 1990.
(2) This Order extends to the United Kingdom and the Isle of Man.
2 
In this Order–
 “length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 defining characteristics for fishing vessels;
 “mile” means an international nautical mile of 1,852 metres.
3 

(1) Subject to paragraph (2) of this article, fishing by British fishing boats in the area of sea described in Schedule 1 to this Order for any sea fish (other than salmon or migratory trout) is hereby prohibited unless authorised by a licence granted by the Department of Agriculture, Fisheries and Forestry, the Isle of Man.
(2) The prohibition in paragraph (1) above shall not apply to–
(a) fishing by any boat whose length is not more than 10 metres, except in the case of a boat fishing for herring (Clupea harengus);
(b) fishing by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline;
(c) fishing by handline for mackerel (Scomber scombrus).
4 

(1) For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat the powers conferred by paragraphs (2) to (4) of this article.
(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(4) Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
(a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
(b) detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
5 
The Orders mentioned in Schedule 2 to this Order are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th October 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Lord Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th October 1990David Hunt
Secretary of State for Wales
12th October 1990Peter Brooke
Secretary of State for Northern Ireland
16th October 1990
SCHEDULE 1
Article 3

The area of sea within 12 miles of the baselines 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 and the corresponding baselines of the United Kingdom, and excluding the territorial sea around the Isle of Man.

SCHEDULE 2
Article 5


Orders revoked References
The Herring and White Fish (Specified Manx Waters) Licensing Order 1983 S.I. 1983/1204
The Herring and White Fish (Specified Manx Waters) Licensing (Variation) Order 1983 S.I. 1983/1879
The Herring and White Fish (Specified Manx Waters) Licensing (Variation) Order 1986 S.I. 1986/1439
The Herring and White Fish (Specified Manx Waters) Licensing (Variation) Order 1987 S.I. 1987/1564