The Devon Sea Fisheries District (Variation) Order 1998

Link to law: http://www.legislation.gov.uk/uksi/1998/1211/made/data.htm?wrap=true
Published: 1998-05-06

Statutory Instruments
1998 No. 1211

SEA FISHERIES
The Devon Sea Fisheries District (Variation) Order 1998

Made
6th May 1998

Coming into force in accordance with article 1(1)
The Minister of Agriculture, Fisheries and Food, on the application of the local fisheries committee for the Devon Sea Fisheries District and after consultation with every council concerned, in exercise of the powers conferred on him by sections 1 and 18(1) of the Sea Fisheries Regulation Act 1966(1) and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has lain before Parliament for forty days prior to its being made:

Title, commencement and interpretation

1.—(1) This Order may be cited as the Devon Sea Fisheries District (Variation) Order 1998 and shall come into force on the day after the day on which it is made.

(2) In this Order “the principal order” means the order made by the Board of Trade on 31 March, 1892(2) (which created the Devon Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district).

Variation of the principal order

2.—(1) For article 1 of the principal order (Creation of District) there shall be substituted the following:—

“Creation of District

1.  A sea fisheries district is hereby created comprising so much of the sea within the national waters of the United Kingdom adjacent to England and so much of the sea within six nautical miles of the baselines (as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(3), as amended by the Territorial Waters (Amendment) Order in Council 1979(4)) from which the breadth of the territorial sea of the United Kingdom adjacent to England is measured, with the adjoining coast, as lies within the following limits, namely:

(1) in the Bristol Channel, on the east, a line drawn true north from the seaward extremity of the boundary between the counties of Devon and Somerset near Countisbury Cove (latitude 051 degrees 13.90 minutes north, longitude 003 degrees 43.10 minutes west) and on the west, a line drawn true west from the seaward extremity of the boundary between the counties of Devon and Cornwall at Marsland Mouth (latitude 050 degrees 55.80 minutes north, longitude 004 degrees 32.70 minutes west) (being the boundary of the Cornwall Sea Fisheries District); which area may be cited as the northern section of the Devon Sea Fisheries District; and

(2) in the English Channel, on the west, a line drawn true south from the seaward extremity of Rame Head (latitude 050 degrees 18.68 minutes north, longitude 004 degrees 13.25 minutes west) in the county of Cornwall (being the boundary of the Cornwall Sea Fisheries District) and, on the east, a line drawn true south from the seaward extremity of the boundary between the counties of Devon and Dorset near Lyme Regis (latitude 050 degrees 43.12 minutes north, longitude 002 degrees 56.70 minutes west) (being the western boundary of the Southern Sea Fisheries District); which area may be cited as the southern section of the Devon Sea Fisheries District.

The said district shall extend northwards to the equi-distant line drawn between the northern coast of the county of Devon and the opposite coast of South Wales, and shall include so much of the sea within six nautical miles of the baselines (as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964, as amended by the Territorial Waters (Amendment) Order in Council 1979) from which the territorial sea of the United Kingdom adjacent to Lundy Island is measured, with the adjoining coast of the island.

The sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of the estuaries, within the limits of the said district as follows:

A line drawn across the River Lyn, in continuation of the general line of the coast at the highest astronomical tide;

A line drawn across the estuaries of the Rivers Taw and Torridge, from the Saunton Sands Hotel (latitude 051 degrees 07.07 minutes north, longitude 004 degrees 13.19 minutes west) to a point at latitude 051 degrees 04.97 minutes north, longitude 004 degrees 14.65 minutes west, thence to the site of the former coastguard station at Westward Ho! (latitude 051 degrees 02.38 minutes north, longitude 004 degrees 14.50 minutes west);

A line drawn across the River Tiddy at Tideford, along the seaward side of Tideford Bridge at Ordnance Survey Grid Reference SX348595;

A line drawn across the Lyhner or St. Germans River at Notter Bridge, along the landward side of the old road bridge at Ordnance Survey Grid Reference SX385609, by the Notter Bridge Inn;

A line drawn across the River Tamar, along the sill or crest of the weir or dam at Gunnislake at Ordnance Survey Grid Reference SX437711;

A line drawn across the River Tavy, along the sill or crest of the weir or dam at Lopwell (latitude 050 degrees 27.87 minutes north, longitude 004 degrees 09.00 minutes west);

A line drawn across the River Plym, along the seaward side of the railway bridge at Marsh Mills (latitude 050 degrees 23.35 minutes north, longitude 004 degrees 04.70 minutes west);

A line drawn across every river or stream flowing into the estuary known as Salcombe river, such lines being drawn at the limit of the highest astronomical tide;

A line drawn across the River Dart, along the sill or crest of the weir or dam at Totnes (latitude 050 degrees 26.50 minutes north, longitude 003 degrees 41.15 minutes west);

A line drawn across the River Teign, along the seaward side of the railway bridge across the river at Newton Abbot (latitude 050 degrees 32.04 minutes north, longitude 003 degrees 35.80 minutes west);

A line drawn across the River Exe, along the sill or crest of the weir or dam known as St. James’s Weir at Exeter (latitude 050 degrees 42.40 minutes north, longitude 003 degrees 30.50 minutes west);

A line drawn across every river or stream not hereinbefore specified, such line being drawn at the limit of highest astronomical tide:

In respect of the rivers, streams and estuaries above the lines beyond which the sea fisheries district does not extend, the Environment Agency shall within its area have the powers of a local fisheries committee.

The sea fisheries district hereby created shall be called the Devon Sea Fisheries District.”.

(2) For article 2 of the principal order (Constitution of Committee), there shall be substituted the following:—

“2.  A local fisheries committee (in this Order called “the Committee”) shall be constituted for the regulation of the sea fisheries within the said district. The Committee shall be a joint committee of the Councils referred to in column 1 of the Schedule to this Order and shall consist of twenty members. The number of members appointed by each constituent Council shall be the number which is set out in column 2 of the Schedule opposite the reference to that Council. Nine additional members shall be appointed by the Minister of Agriculture, Fisheries and Food and one additional member by the Environment Agency. Retiring members shall be eligible for re-appointment.”.

(3) For the schedule to the principal order there shall be substituted the schedule set out in the Schedule to this Order.

Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th May 1998

Article 2(3)
SCHEDULE

Articles 2 and 5

“SCHEDULE(CONSTITUTION AND EXPENSES)

Column 1
Column 2
Column 3

Constituent Council
Number of representatives
Proportion of expenses(per cent)

Devon County Council
6
64

Plymouth City Council
2
20

Torbay Council
1
10

Cornwall County Council
1
6”

Explanatory Note

(This note is not part of the Order)
This Order varies and clarifies the description of the limits of the Devon Sea Fisheries District (created and defined in 1892 by order of the Board of Trade under the Sea Fisheries Regulation Act 1888 (c. 54)). The district is extended to a point further upstream of the existing inshore limit in the River Plym for the better regulation of fishing for sea fish in those waters (article 2(1)). The description of the district’s limits is enhanced by the specification of co-ordinates to assist in the location of particular points of reference (article 2(1)).
The Order also varies the constitution of the local fisheries committee, originally constituted under the 1892 order, to take account of the changes made to the structure of local government in England under the Local Government Act 1992 (c. 19) and, in particular, the Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996 (S.I. 1996/1865). Since the number and size of the constituent councils has altered, the number of representatives from each council and their proportionate contributions to the expenses of the committee have been revised (article 2(3) and Schedule). Provision is also made for the minor amendment of article 2 of the 1892 order (article 2(2)).


(1)
1966 c. 38, amended by the Local Government Act 1985 (c. 51) section 16 and Schedule 8, paragraph 19; see section 20(1) for the definition of “the Minister”. References in the 1966 Act to county councils and metropolitan district councils should be read with regulation 5, paragraphs (6) and (7) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) to which the only relevant amending instrument is S.I. 1996/611; for the structural changes made in the area covered by the Devon Sea Fisheries District, see S.I. 1996/1865. References in the same Act to a river authority should be read with the Water Act 1973 (c. 37) section 33, the Water Act 1989 (c. 15) section 141 and Schedule 7, paragraph 1, and the Environment Act 1995 (c. 25) section 105 and Schedule 15, paragraph 2.

(2)
Parliamentary Papers 1892 No. 132 as varied by S. R. & O. 1903/332, S.I. 1970/370, 1973/2196, 1980/807, 1990/1157 and 1993/2532.

(3)
See S.I. 1965 III p. 6542A.

(4)
See S.I. 1979 II p. 2866.
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