The Sea Fishing (Days in Port) Regulations 1991

UK Statutory Instrument 1991 No. 139 — creates 2 criminal offences.

2offences created

0recorded in force

2revoked

Made: 30 January 1991
In force from: 1 February 1991
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for the enforcement throughout the United Kingdom of Article 13 of Council Regulation (EEC) No. 3926/90, fixing for certain fish stocks and groups of fish stocks, the total allowable catches for 1991 and certain conditions under which they may be fished (OJ No. L378, 31.12.90, p. 1). These Regulations apply to fishing vessels registered in the United Kingdom whose overall length exceeds 10 metres and whose landings of cod and haddock from Areas IV (North Sea) and VI (West of Scotland) during the period 1st January 1989 to 30th June 1990 exceeded 100 tonnes and 40% by weight of their landings. They also apply to vessels that replace such vessels (regulation 3 and Schedule 1). Vessels are required to stay in port for 8 consecutive days each calendar month commencing with 1st February 1991 and ending with 31st December 1991 (regulation 4(1)). Unless prior notification, is given of that period, and where that period is to be spent in a non-UK port, certain particulars are furnished to a British sea-fishery officer, a period in port will not count for the purposes of paragraph (1) (regulation 4(2) and (4) and Schedule 2). Written notice must be given at least 12 hours in advance of the commencement of the period in port (regulation 4(3)). After the commencement of a notified period in port a vessel must remain in port until expiry of that period unless notice has been given (regulation 4(5)). Offences and associated penalties are created by regulations 5 and 6 respectively and regulation 8 confers powers of enforcement on British sea-fishery officers.

Offences created by this instrument

If the master, the owner or any charterer of a vessel to which these Regulations apply— a without reasonable excuse… regulation 5(1) · Revoked · Requires proof of a state of mind
Any person who— a assaults a British sea-fishery officer who is exercising any of the powers conferred on him by… regulation 5(2) · Revoked · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Sea Fisheries Commons · Commons Chamber · 5 March 1991 · Mr. Archy Kirkwood (Roxburgh and Berwickshire)
On a point of order, Mr. Deputy Speaker. The House is aware that the previous debate related to the amending regulations to the original Sea Fishing (Days in Port) Regulations 1991 (S.I. 1991, No. 139). Having regard to the fact that some Opposition Members and other hon. Members were extremely dissatisfied, and continue to be less than satisfied, about the ministerial response, will you confirm, Mr. Deputy Speaker, that it is within the Government's power to allow time for debate on the original statutory instrument? It would be in the interests of the fishing industry if we had an…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1991